8 points

Montgomery County is in violation of Section 503 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. While the majority of my complaint is with the Department of Transportation, I also beleive that the Department of Police, The Department of Housing and Community Affairs, and the Department of Permitting Services are in violation of the same laws. In addition, I beleive that these departments are also in violation of state law.

The core of my argument centers on how these departments manage their portion of the right-of-way. The focus is on vehicles, as expected. It will take more time to develop the specifics of the complaint, but here is a brief synopsis;

1. Montgomery County does not have procedures required by ADA in place.
a. No self-evaluation plan for sidewalks, and
b. no ADA Compliance Officer employed.

2. DOT spends a disproportionally-small amount of its budget addressing accessibility issues.

3. Montgomery County does not competently manage the right-of-way to address existing or future accessibility issues.

4. DPS and other departments that issue permits to construction project owners do not follow ADA guidelines, and do not inspect for compliance with site plans and ADA requirements proactively. DPS does not issue citations or wield punitive action to violators.

5. DHCA, where it manages the right-of-way, does not follow ADA guidelines, and has no ADA Compliance Officer.

6. DPS has no effective procedure for dealing with PEPCO and utility pole replacement. Inspectors have no training or experience in accessibility issues.The problem with managing third-party contractors in the right-of-way has not been resolved.

7. Montgomery County Police do not enforce laws in the right-of-way equally. Their enforcement generally stops at the curb. Vehicles illegally parked in the road are immediately dealt with. Vehicles parked on the sidewalk are ignored, even after a call is made.

8. All Montgomery County Departments are working on a complaint-based system. None of these departments move on accessibility issues until a complaint is received, and then their response is weak. They depend on complaints, and then marginalize the complainers. These agencies are so oblivious to pedestrians - people with disabilities, the young, the elderly, the poor, that it has become outright neglect.

As a person with some experience with the issues and people involved in this topic, I say that ADA compliance in Montgomery County is not good, and getting worse. County departments are not doing what they should to make urban areas equally accessible to everyone, even if they can't drive. We can't wait another 40 years. DOT, in particular, is guilty of putting-off improved accessibility. DOT actually has a negative opinion of Complete Streets efforts in the region, and is fighting change and ducking responsibility.