Woman files discrimination suit against city

By LARRY KLINE - Independent Record - 10/09/08

A Helena woman has filed a discrimination complaint with the U.S. Department of Justice against the city, the city commission and three city employees.

She claims the city and some officials have violated provisions of the Americans with Disabilities Act and have discriminated against her for failing to respond to her inquiries or concerns.

Maureen Garrity, a woman suffering from amyotrophic lateral sclerosis, commonly known as ALS or Lou Gehrig’s Disease, filed a four-page complaint last week through a friend acting on her behalf.

In the document, Garrity notes three specific areas in which she believes the city is out of compliance with the ADA. She also specifically named City Manager Tim Burton, Community Development Director Sharon Haugen and ADA Coordinator Elroy Goleman, and said those officials had discriminated against her by not responding to complaints she had sent to the city via e-mail.

Burton and Goleman said they haven’t seen the document and directed questions to City Attorney David Nielsen. Haugen could not be reached for comment.

Nielsen said he couldn’t offer specific comments because he was unaware of the complaint. He said, though, the city is working to prioritize ADA-compliance issues in Helena and address those problems.

Garrity said she first began asking city officials to address her concerns nearly a year ago.

“I feel the city does not take the issue of accessibility seriously,” she said in an e-mail. Her illness has compromised her ability to speak. She filed the complaint with the Department of Justice because “I felt that it was the only way they would make the necessary changes.”

Garrity raised three specific issues with the city and the Department of Justice:

n The curb on the south side of the crosswalk at the intersection of Broadway and the Downtown Walking Mall is too steep for wheelchairs and electric scooters, she said. Garrity said she’s fallen out of her chair twice while attempting to negotiate the curb.

n Existing curb ramps on Broadway between Montana Avenue and downtown are crumbling and ill-maintained, she said. She believes some of these curb ramps are unsafe for use.

n Last Chance Gulch has only one parking spot for disabled users along its entire length, she said. The situation is made even more difficult for her, she said, because the parking spot’s location forces her to unload her wheelchair in the traffic lane and not on the sidewalk.

Burton, Haugen and Goleman have shown “utter disregard” for Garrity’s concerns by failing to acknowledge or respond to her correspondence, wrote David Filcher, a Billings man who filed the complaint on Garrity’s behalf.

Goleman once spoke with Garrity on the phone, but there was no other response to her concerns, the complaint alleges.

Goleman declined to discuss Garrity’s complaints, but offered some comments on the work of the ADA Compliance Committee, an advisory board that began meeting in February to work on accessibility issues in the city.

The group has been working to prioritize different projects in Helena, he said.

“It’s going to take a little more time than people anticipate,” he said.

The city’s Engineering Department is studying the curb at the Walking Mall crosswalk over Broadway, he added.

The documents Garrity filed also note a recent incident when she was blocked from using a curb ramp near the Lewis and Clark Library. A city truck was parked in front of the ramp, she said.

She said she’s worked with Helena Public Schools to address some issues she’s found at some of their facilities.

Garrity, who still works as a community development consultant, said she used to love to travel for her job. She still gets out on occasion, and said she’s found Missoula to be a much more accessible city to navigate. A former public servant, she served a stint on the Helena Housing Authority board and with a statewide small-business-lending organization.

She’s confident she did the right thing and she thinks the Department of Justice will force the city to make some changes.

“I hope some of the changes occur before I die,” Garrity wrote. “Yet, even if they don’t I still feel I made right decision by filing the complaint.”

Reporter Larry Kline: 447-4075 or larry.kline@helenair.com

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Reader Comments:

outsider wrote on Oct 10, 2008 2:20 PM:

" Custer, if you had actually read the article, you would see that there are 4 complaints,(3 regarding access and 1 against City personnel) therefore, I would guess 4 pages. I would assume these four pages also include headings, salutations, introduction to the issue, etc. Get a clue. "

Nutmeg wrote on Oct 10, 2008 12:46 PM:

" Custer you hardly deserve any attention. And I know sometimes a person's comment doesn't quite translate in this forum. But, you actually confirmed you have no heart or compassion.
So I would like to suggest that if YOU and other small minded folks move far away from Montana - we would all be much happier. "

bob_mt wrote on Oct 9, 2008 8:42 PM:

" In addition we need to revamp the Handicap Parking Law. It should read an individual CANNOT park in a Handicap Space unless the individual who is handicapped and is the receiver of the permit is in the vehicle. I see teenagers and spouses parking in a Handicap Zone jump out of the vehicle and run into the store, when someone who needs the location of these spots drive around looking for a spot. Also raise the fine to $500 make it what it should be. "

custer wrote on Oct 9, 2008 6:27 PM:

" Shame on me? I was the first to agree, the curb should be fixed, and all probably a lot of other complaints Ms. Garrity has, but it is silly and unrealistic to believe that there are four pages worth of items in this city that need to be addressed at the threat of litigation. Ms. Garrity is the one who suggested that Missoula is much more to her liking. I still suggest she move there, AND fix the curb! "

HelenaPine wrote on Oct 9, 2008 4:03 PM:

" "It is disgraceful how cities have no clue as to how to make anything handicapped accessible. You don't have steep inclines, you don't use uneven paving blocks, and you have automatic door openers that actually stay open until you are clear."

It is very easy to say this but I would point out that making everything accessible is both difficult and incredibly expensive. It is far more difficult to notice and say "this thing is out of compliance" than it is to notice a street with potholes. "

fiona wrote on Oct 9, 2008 3:51 PM:

" All Ms. Garrity seems to be asking for is fairness. If the City would fix these problems it would end any disability discrimination. Thanks for taking this own for the rest of us. "

Debbie wrote on Oct 9, 2008 2:07 PM:

" You go, Maureen. It is disgraceful how cities have no clue as to how to make anything handicapped accessible. You don't have steep inclines, you don't use uneven paving blocks, and you have automatic door openers that actually stay open until you are clear. I live in NJ in the suburbs of NYC. I wish that those who design "handicapped accessible" walks, corners, and entrances someday are forced to utilize their own designs. I bet things would change mighty quickly! "

outsider wrote on Oct 9, 2008 1:40 PM:

" Not only shame on Custer, but, shame on the City Manager and the City Commission for allowing this situation to get to this level. One wonders how long the blatantly non-compliant ADA curb at Broadway and LCG must be studied to know it needs remedied. Most handy guys with a demolition hammer, a wheelbarrow and some cement could fix that curb in a weekend. "

Nutmeg wrote on Oct 9, 2008 11:56 AM:

" I appreciate Ms. Garrity's continued attention to a matter that will serve our whole community.

Since the City Atty spends his days warning City staff and Commissioners what they can/can't do - it leads to impotent community development staff - unauthorized to look into valid concerns such as adequate curb cuts in one of this City's busiest pedestrian areas.

Ironically The Community Development Department's dysfunction has resulted in the City Atty's nightmare scenario - a lawsuit!

It is a 'no brainer' that the steep ramp at B'way and LCG needs to be fixed. I noticed thousands of dollars of landscaping in that area a few months back. And why didn't the city just go ahead and solve the ramp issue at the same time?

Thank you again Ms. Garrity for being a strong voice for ADA. You are making our community the best it can be.

PS-Custer - shame on you! "

ada rperson wrote on Oct 9, 2008 11:18 AM:

" It is insulting that in 2008 ADA appears to be news. Upholding a law from the 1970's should take high priority. I also have ALS. Please research this horrifying disease, then consider the physical and emotional trauma of falling out of a wheelchair. This could you, Custer. Once you learn about ALS, go ahead and learn some ADA facts. At the very least, have some compassion towards your neighbor. "

outsider wrote on Oct 9, 2008 9:34 AM:

" Maybe we can get a few more people tipped over at Broadway and LGC or maybe it will take someone getting run over using the handicap parking on 300 block of LCG to get some real expensive litigation going before the City Commission finally resolves the problem. "

Your Neighbor wrote on Oct 9, 2008 8:07 AM:

" So what HAS the ADA Compliance Committee done in the eight months it has been in existence?

Maybe Jim Smith could convert to handicapped parking the two parking spots in front of the Lyin' Lions building? Oh wait, those went away for the patio of the restaurant that has never existed. "

Nutmeg wrote on Oct 9, 2008 7:36 AM:

" ALS may be robbing Ms. Garrity of her ability to speak - but her message has come through LOUD and CLEAR.

PLEASE - Tim Burton and City of Helena staff; The current Community Development Department from the head on down is ignoring the important requests of our citizens. It is time to change the leadership in that Department.
Otherwise - let's take the word 'Community' out of the title because that Department seems frozen, unable to act.

And while you are at it, please advise the City Attorney that we cannot make all decisions based on fear of litigation. He has pushed a climate of fear among City Commission and staff and that is squeezing the life out of our community. "

patriot wrote on Oct 9, 2008 6:47 AM:

" It is inconceivabale that local government employees act without responsibility in addressing Maureen Garrity's request. Government employees work for the citizens of Helena and Lewis & Clark county, it is time they are held accountable to the citizenry. "

Custer wrote on Oct 9, 2008 2:50 AM:

" One complaint, yeah, all for that, fix the curb.
Two-three complaints, okay, fix what can be easily fixed and make other improvements as soon as possible.
FOUR PAGES WORTH OF COMPLAINTS? Move to Missoula! You obviously aren't happy here in Helena. "


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