Wednesday, March 27. 2019 // The Statement
4B
5B
Wednesday, March 27, 2019 // The Statement
W
alking
home
from
down-
town
Ann
Arbor last month, I watched
an elderly couple clutch-
ing one another, walking
carefully and diligently to
avoid falling on the slippery
sidewalks. The man used his
cane for as much support as possible,
and the woman held onto his arm for
more balance. I was only 20 feet behind
them when suddenly, I was swept off my
feet and landed on the asphalt of S. 4th
Street. I hoped that the couple did not
also experience a similar fate, falling
from the same black ice.
It’s inevitable that living in Ann Arbor
–– a Midwest city where winters feel like
eons –– comes with horrific snow, ice
and sleet storms. Nonetheless, as a city
whose prime modes of transportation
include walking, biking and bus-riding,
the need for safe roads and sidewalks
during winter conditions is inarguable.
In addition to safety, accessibility on
campus and within the city is another
priority. Noting the high population of
pedestrians and bikers in Ann Arbor is
essential when considering the main-
tenance of our sidewalks, crosswalks,
ramps, streets and curbs. In my own
experience navigating public walkways,
I’ve been lucky to overlook obstacles
like deep puddles, slippery sidewalks
and snow-piled tactile blocks –– the red,
bumpy blocks placed at
the beginning and ends of
sidewalks used for visu-
ally-impaired people. But
regardless of the minor
obstacles I may face, that
experience does not equate
to those who can’t pass
through at all.
Mike Heinrich is an
advocate for Americans
with Disabilities Act rights
and is someone who expe-
riences
setbacks
while
commuting around Ann
Arbor. Mike is also mem-
ber of the advocacy and
community
group
Dis-
ability Culture at the Uni-
versity of Michigan — also
known as DC @ U-M. Two
years ago, Heinrich was
paralyzed by a dead tree
on the University’s campus that fell on him.
Now as a quadriplegic, he seeks to educate
himself and the community on ADA policies,
regulations and violations. More importantly,
Heinrich openly speaks of his experience and
struggles with being a quadriplegic, especially
during winter.
“Winter used to be my favorite season … this
year, with each snow storm after snow storm, I
realized that when I was trying to get out and
do things, I couldn’t be independent with the
walkways not being taken care of,” said Hein-
rich in an interview with The Daily. Though
his parents could drive him and drop him off
places Heinrich mentioned the difficulty of
finding handicap spots along the road that are
clear of snow pile-ups and accessible.
For those who are able-bodied, a few inches
of snow is manageable –– surely a nuisance, but
bearable. But what happens for those with dis-
abilities whose wheels, white canes, crutches,
walkers and other commuter accessories can’t
cross the street or feel tactile blocks? They
cannot safely or efficiently get to where they
need to go. A few inches of snow or a thin sheet
of ice could change their entire day.
Traveling via wheelchair and handicap van,
Heinrich’s experience commuting outside is
highly dependent on weather. If it’s snowing
or raining, he most likely won’t even go out-
side. This is due to the difficulty of traveling
through snow and puddles, not to mention the
difficulty of pushing his wheels with cold, wet
hands.
“We (the disabled community) are directly
affected by what happens on those sidewalks,”
Heinrich said. “Not even just handicap people:
The reality is no one should have to deal with
that.”
Since being paralyzed, Heinrich has devot-
ed much of his time to speaking with city and
campus administrators about Ann Arbor’s lack
of accessibility. Many of his arguments address
non-ADA approved doors, entrances, ramps,
sidewalks, elevators, parking and bathrooms.
However, winter maintenance and accessibil-
ity isn’t as easy as changing door handles to be
ADA-approved. Improving the maintenance
of public spaces during winter is a difficult
puzzle with an array of pieces –– it begins
with a closer examination of all the moving
parts between city regulations and resources.
A solution would require the rigorous efforts
and collaboration with the city, outsourced
companies, landlords, the U-M grounds crew,
University students and Ann Arbor residents.
A
nn Arbor Code of Ordinances,
Chapter 4 Section 58 A. “Sidewalk
Maintenance” states, “all sidewalks
within the city shall be kept and maintained
in good repair by the owner of the land … if any
owner shall neglect to keep and maintain the
sidewalk … safe for the use of the public, the
said owner shall be liable to the city for any
damages … by reason of said sidewalk being
unsafe and out of repair.” Further down in the
section, it reads, “‘Sidewalk’ does not include
curb ramps … that is both adjacent to the top
edge of one or more curb ramps and at the cor-
ner of a property.” Essentially, street corners
where tactile blocks and curb ramps are a few
feet apart are not considered to be part of the
“sidewalk.” If these spaces do not fit under the
legal definition, then technically, by the lan-
guage of the ordinances, it is not the property
owner’s responsibility to clear it.
However, Chapter 4 Section 60 #6 of the
Ordinances –– titled “Removal of snow and ice
from sidewalks, walks, and ramps” –– says that
“compliance with this section requires mak-
ing sidewalks, walks, and ramps free of snow
and ice for their entire constructed width
and length.” In other words, the entirety of a
sidewalk and/or ramp should include the curb
ramps and tactile blocks, considering that is
the start to the sidewalk. Thus, the language in
Section 60 contradicts the ordinance’s descrip-
tions in Section 58 on how and where sidewalk
maintenance happens.
Some non-residential properties downtown
can afford outsourced companies that have the
machinery, staffing and finances to do an effi-
cient job at clearing sidewalks and curb cuts.
Meanwhile, some property owners manually
shovel and salt on their own.
To break down who is responsible for side-
walk maintenance and when, Section 60
states that non-residential property (down-
town businesses, restaurants, etc.) will need to
clear their “sidewalk” and “walks and ramps
that are at bus stops or that lead to marked
or unmarked crosswalks” by noon that day if
snow is accumulated prior to 6 a.m. If a prop-
erty is residential, the owner has “24 hours
after the end of each accumulation of snow
greater than 1 inch” to do the same. Not only
do non-residential businesses have six hours
to clear their sidewalks and ramps, but resi-
dential properties have a whole 24 hours. For
those commuting by 9 a.m. the morning of a
snowfall, they cannot afford to wait until noon
or even the next day to ensure safe conditions
for travel.
If everybody is doing their part and follow-
ing the policies set by the city, why do we still
have so many winter maintenance problems?
The answer is simple, harsh and true: We, as
a community are failing to meet the necessary
standards for the disabled community. That’s
where Community Standards comes in.
Community Standards is a unit in the Ann
Arbor Police Department that has a “primary
responsibility to enforce the city codes and
ordinances that protect the public health, wel-
fare and safety of the residents.”
A2 Fix It is an app that allows community
members to “report locations which may be in
violation of the city snow removal ordinance.”
From there, Community Standards staff will
“perform an inspection,” and if the property or
area does propose a violation, “they will then
inspect all addresses” within the appropriate
block “to ensure equitable treatment.”
Jessie Rogers, Community Standards super-
visor, discussed with me the logistics of their
winter maintenance procedures and the code
of ordinances. Rogers explained that if a prop-
erty does not do their maintenance procedure
by noon on the day of a storm and there ends up
being a complaint from a citizen, a representa-
tive from Community Standards will come to
investigate the property. If their property is
in violation, Community Standards will give a
warning (allowed one per season).
If the violation is not treated after warning,
Community Standards will come again, fine
the property and fix the maintenance issue
that was initially reported. That property may
then receive a civil infraction ticket that is “no
more than $100.00” according to Section 4:60
#11. These fines can grow in numbers up to
$1000 if violations are further ignored.
Luckily, representatives from Community
Standards are the ones who come
solve the issue, but only if someone in
the community makes the complaint.
Otherwise, they simply hope city resi-
dents are following protocol. And to
make matters more complicated, Rog-
ers said even when they do come, it’s
not always a smooth or fast process.
By the time a report is made, faxed
over to the office, sent out to a driver
and maintenance person and someone
finally arrives at the scene, the situ-
ation could have grown worse, with
more snow or ice further aggravating
the original problem.
Additionally,
while
Community
Standards does fix the city’s problems,
they don’t always have the staff or
funds to be as efficient and effective as they’d
like to be: “(We are) too understaffed to always
be proactive,” Rogers said.
These winter maintenance problems, how-
ever, should not fall on the shoulders of the
Community Standards organization. Though
I am grateful for Community Standard’s
assistance to clear sidewalks, the concept of
treatment is not as powerful as prevention.
Treatment implies a long chain of events that
relies on many external moving parts to help
resolve the issues. Meanwhile, preventing the
problems is set at the beginning: the initial
action of shoveling and salting.
The concerns are embedded within text
and action: what the ordinances demand of its
citizens and how and if its citizens are com-
plying. Though some of the policy language
feels vague, confusing and almost hypocritical
upon reading (see: curb ramps not being con-
sidered part of the sidewalk), it doesn’t excuse
the community to settle into inaccessible prac-
tices. These are spaces that commuters use all
day, every day, and hence, they should be pri-
oritized for winter maintenance.
BY ERIKA SHEVCHEK, DAILY ARTS WRITER
Clearing the in-betweens: Navigating
accessibility during winter maintenance
“‘Do you know how
much salt it would take
for campus to never be
slippery during an ice
storm?’”
See CLEARING, Page 6B
Image of a snow-covered tactile block at a crosswalk on Hill and Olivia at 12:20 PM
ALL PHOTOS COURTESY OF ERIKA SHEVCHEK
Sidewalk on Washtenaw and S. Forest shoveled just big enough for
a bike tire, 4:32 PM
Snow-blocked tactile block and curb ramp on South U. and
Church, 8:00 AM
Person walking over snow-piled curb cut and tactile due to snow widening on
South University, 8:05 AM
Snow-covered path in the Law Quad, 8:00 AM