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Portland Settles Sidewalk Blockage Suit
The lawsuit pits disabled persons against homeless persons

The City of Portland has settled a federal lawsuit with several persons claiming that "Federal disability access laws were enacted to provide persons with disabilities an equal opportunity to participate fully in civic life." According to the complaint filed in federal court, the lawsuit was brought "to address the City’s systemic failure to provide full and equal access to its sidewalks to Plaintiffs and similarly situated persons with mobility disabilities."

The complaint cites the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973. The first named plaintiff, whence the suit gets it's name is Tiana Tozer who -- according to court documents -- "lives in the Irvington neighborhood of Portland, Oregon and works in Downtown Portland. Ms. Tozer has a mobility disability that limits her ability to walk."

The lawsuit pits disabled persons against homeless persons. Simply put, "The City has failed and continues to fail to maintain its sidewalks clear of debris and tent encampments, which is necessary to make its sidewalks readily accessible to people with mobility disabilities. Indeed, a substantial number of the City’s sidewalks—particularly those in the City’s busiest business corridors—do not comply with applicable federal statutes and regulations because they are blocked by tent encampments and attendant debris, rendering the sidewalks inaccessible, dangerous, and unsanitary for people with mobility disabilities."

The complaint offers some detail about some of the worst locations. "Simply, the City’s sidewalks, when viewed in their entirety, are not readily accessible to and usable by persons with mobility disabilities due to the City’s failure to maintain clear sidewalks free of debris and tent encampments. Indeed, the City’s most glaring violations are centered in Portland’s Old Town, Chinatown, Downtown, and Pearl District areas, as well as locations on the City’s east side, including the Central Eastside Industrial District, the Lloyd District, and the areas surrounding Laurelhurst Park, Lone Fir Cemetery, and Sunnyside Elementary School.

According to the settlement agreement, the city will: The Portland City Council enacted an emergency ordinance to approve the settlement.


--Staff Reports

Post Date: 2023-06-01 22:38:37Last Update: 2023-06-01 23:19:55



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