Op-ed: A victory for the disabled

By Ted Wenk

This spring, a federal judge in Portland approved a historic settlement agreement between people with physical disabilities and the Oregon Department of Transportation. The agency made the largest commitment to an accessible transportation system in state history. Over the next decade and a half, ODOT will work to lift barriers to travel for thousands of Oregonians who use wheelchairs--improvements that will stretch across the entire state highway system. This measure of justice--coming nearly 30 years after the Americans with Disabilities Act became law—is a victory for creating more inclusive communities.

The sweeping changes that this landmark agreement will usher in give communities in every corner of the state--from our cities to rural towns--a reason to celebrate. Installing and repairing curb ramps and upgrading crossing signals means people who use wheelchairs won’t be forced to choose between navigating their chairs in traffic on busy highways or remaining isolated in their homes.

Encountering hazardous walkways is all too common for people in wheelchairs. The plaintiffs in this case shared similar experiences: a Clatskanie woman who was cut off from the grocery store and city hall because of a curb ramp slope that was too steep; a Portland woman who relies on public buses to travel to medical appointments and socialize with friends who could not reach the crossing signal buttons at numerous intersections; and a Bend man who was forced to wheel his chair in the bike lane along the busy road due to missing curb ramps.   

In fact, wheelchair users are one-third more likely to die in pedestrian accidents than the general population, according to Federal Highway Traffic Safety data analyzed by the Georgetown University Department of Health Systems in a 2015 study. The study data were under-representative of the increased injury and fatality rates for people with disabilities on sidewalks and in cross-ways. At that time, data were unavailable, which identified mobility scooters and other mobility devices. 

Fixing broken or missing curb ramps and crossing signals is also a matter of inclusion. For people with physical disabilities, being able to safely cross the street is a prerequisite for being integrated into their communities. From trips to the grocery store to traveling to doctor’s appointments and socializing with friends, people with physical disabilities need access to the same roads that Oregonians without disabilities travel on.

Ensuring that everyone who wants to can participate in and enjoy community life enriches not only the lives of individuals who were previously excluded, but the entire community. Greater inclusion means more diverse perspectives in social, economic and educational spheres.

As we celebrate the promise this agreement holds, the social progress that it embodies is bittersweet. This lawsuit comes 27 years after the Americans with Disabilities Act became law. During those years, individuals with physical disabilities confronted countless barriers when they tried to access some of the most important streets in their cities and towns. These barriers disrupted their daily lives, threatened their safety, and sent a message about the value of upholding the rights of people with physical disabilities to the community as a whole.

We can draw a powerful lesson from this overdue measure of justice for people with physical disabilities. If we view the world around us solely from the vantage point of people without disabilities, what other barriers to inclusive communities are overlooked or ignored every day?

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