Recently the US Department of Justice (DOJ) filed a proposed stipulated order (Order) that will require the Municipality of San Juan, PR to take critical steps towards making its public sidewalk system accessible to individuals with disabilities. The proposed order was filed jointly with San Juan and private plaintiffs and pauses the department’s lawsuit against San Juan while requiring it to conduct a comprehensive assessment of sidewalk accessibility and to begin fixing accessibility barriers. The department’s lawsuit alleges that San Juan has violated the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) by failing to provide people with disabilities equal access to the Municipality’s sidewalks, curb ramps, crosswalks, and other pedestrian facilities. Some of the requirements of the Order are:

• Within two (2) months of the date of this Order, San Juan will train all Municipal employees who supervise construction, repair, or maintenance work related to the “Public Sidewalk System” on all applicable ADA Accessibility Standards.

• Within six (6) months of the date of the Order, the Municipality will develop, implement, and report to the United States a process for soliciting and receiving input from persons with disabilities, and others, regarding the accessibility of the Public Sidewalk System.

• Within six (6) months of the date of this Order, the Municipality will retain a third-party Accessibility Consultant to conduct a self-assessment that accurately identifies any barriers to people with disabilities within the Public Sidewalk System, in accordance with the ADA Accessibility Standards.

• The Assessment Consultant will produce a written Assessment Report that identifies all elements of the Public Sidewalk System that are within the Municipality’s control and that are not in compliance with the ADA Accessibility Standards.

• Three (3) months after the retention of the Accessibility Consultant, and every three (3) months thereafter, the Court will hold virtual status conferences at which the Parties will be present along with a representative for the Accessibility Consultant.

• The Municipality will complete the Assessment within thirty (30) months of the date of this Order and will provide a copy to the United States. San Juan will also post a link in a conspicuous location on the Municipality’s homepage to a copy of the Assessment in an Accessible Format on the Municipality’s website.

SUMMARY: The DOJ filed an Order against the Municipality of San Juan, PR, regarding the ADA compliance of their public sidewalk system. This Order could have been prevented if the municipality had been pro-active with their responsibility to build and maintain their public sidewalk system to comply with the ADA Standards.

Richard Acree is the Founder of ADAIN.  As the founder Richard is also a consultant providing accessibility inspections and expert witness services for clients across the nation.  Richard is certified as an ADA Coordinator (ADAC) and Veteran Owned Small Business (VOSB). Richard is not a lawyer.  He is an experienced professional accessibility  inspector and consultant offering thorough inspections and written reports to help clients understand and implement the guidelines provided by the ADA. Please see additional information at Richard Acree.

Please contact Richard at 615-752-0060, or email at inspections4ada@gmail.com.

Thank you!