Doorways accessible to people with disabilities could become a city-ordered priority for many large building renovations in Pittsburgh.
Councilwoman Deborah Gross introduced legislation Tuesday that would prioritize accessible entryways, common areas, restrooms and communications facilities — in that order — when city businesses undergo major physical updates.
The federal Americans with Disabilities Act often mandates a portion of renovation expenses go toward such provisions, but many redone businesses in Pittsburgh incorporate accessible facilities indoors without introducing a zero-step entrance, residents have told council.
“We’re grateful for the accessible bathroom. But if you can’t get in, you don’t know it’s there, and you can’t use it, anyway,” said D.J. Stemmler, a founding member at the Accessible Pittsburgh advocacy group. “This important piece of local legislation bridges that gap between the intent of the ADA and the actual implementation.”
Ms. Gross said the measure would help businesses serve the public and keep them in line with expectations under the federal law. Failure to meet the ADA can open business owners to federal litigation, she said.
“We’re trying to make it clear and consistent and [for] it to be a win-win situation for everybody,” Ms. Gross said.
Her proposal is slated for council discussion July 18, when it’s likely to see a flurry of legal discussion. Although the ADA already prioritizes the elimination of entrance barriers — such as a step up from the sidewalk — the federal government has made clear that state and local agencies technically cannot enforce the law, according to Maura Kennedy, the city director of permits, licenses and inspections.
Enforcement of the ADA falls to the federal Department of Justice, she said in a prior interview. Mayor Bill Peduto’s administration is working on legislation with state officials “to achieve the same goal” as Ms. Gross’ proposal, said Dan Gilman, the mayoral chief of staff.
He signaled some uncertainty about the proper legal process to rank and order accessible accommodations.
“We are all on the same page and share the councilwoman’s desired intent,” Mr. Gilman said Tuesday. “It certainly makes sense that, where possible, the first improvements that should be made would be accessibility to the structure.”
He said the Peduto administration would “gladly sit down” with Ms. Gross and “try to align” their efforts.
Ms. Stemmler said advocates understand some state intervention may be necessary to address the issue. The state Department of Labor and Industry did not immediately comment Tuesday.
“We just needed someone to start the process,” Ms. Stemmler said. “Councilwoman Gross listened to us, and she heard us. This isn’t the end. It’s the beginning.”
Adam Smeltz: 412-263-2625, asmeltz@post-gazette.com, @asmeltz.
First Published: July 10, 2018, 10:48 p.m.
