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