3. Montgomery County does not competently manage the right-of-way to address existing or future accessibility issues.
I can site numerous examples of different Montgomery County Departments deliberately doing things that make things difficult if not impossible for many people to pass on a sidewalk. Here are a few prime examples;
Just last month I contacted my Councilmember's office to ask about the paint indicating underground utilities on Sligo Avenue. It took a few days for me to actually tak to someone at WSSC, and they had no idea what I was talking about when I asked if they had spoken to the County about the hydrants in the middle of the sidewalks. They had not - EVER. I was the one who actually put the WSSC Customer Advocate in touch with MCDOT people. This, in effect, means that PEPCO and WSSC have been replacing infrastructure without any regard to ADA guidelines or the law passed 39 years ago. For decades, these and other operators in the public right-of-way have been able to do business with no regard for the law.
I see this as a basic responsibility of government, one that Montgomery County has been knowingly neglecting for decades, and will continue to deny even now.
Throughout the boom development years in Silver Spring, pedestrians have been asked to walk in the street past construction sites almost the entire time. No one checks to see if the contractors are doing as they should. If someone complains, an inspection is made and some advice offered, but the neglect goes on. No thought is given to pedestrians beyond the now-boiler-plate references to making all allowances possible for pedestrians, then evoking the sidewalk closure loop-hole. With no real information, and no coordination with other actors in the public right-of-way, obstructions pop-up randomly and often force pedestrians to weave back-and-forth down the street. Pedestrian approaches to trip-generators like the Civic building or CVS are constantly interrupted by construction. Also, just this month, opposite corners of Wayne X Fenton were closed at the same time. The signs directed you to cross on the other side, which was also blocked but not marked.
In March, 2010 I filed a complaint with USDOT against Maryland SHA and MCDOT. It weas about the dreaded utility poles. PEPCO contractors have the sidewalks blocked as I write this. They are just now - two years after I filed a complaint - finishing-up the project - I THINK. It has been a nightmare two years trying to get down my street, but it was worth it if we get an accessible street. The problem is, I think this is only going to happen on streets where strong pedestrian advocates can be found. I think they could possibly go on ignoring the law when they think they have satisfied me. I have really heard nothing from either of them about how they intend to go about paying attention to this vital issue. I am not sure the complaint worked.
In conclusion, I have recorded numerous examples of what I just wrote about on my blog Montgomery Sideways. This is a complex issue that I have tried to illuminate by keeping track of the events over a few years. I have not kept a complete record. I have not reported on every instqance, but examples, or places where change is taking place, or should take place. In 99% of the cases, the things I have recorded were come across without intent. In other words, I was on my way to do something else and came across this situation and took a photo. I rarely went looking for evidence. I wasn't looking for trouble - trouble came to my doorstep.
Montgomery County has many departments and third-party contractors doing a lot of work in the public right-of-way. Almost none of them are considering ADA seriously - except to acknowledge that they have tried SOMETHING.They don't communicate with each other. They don't coordinate with each other. Their ignorance is intentional. They don't want to ask the tough questions because they already know the tragic answers.
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