City of Sioux Falls & Mayor TenHaken being sued for ADA violations
I had heard about this lawsuit this past summer, but I couldn’t figure out who was filing it or what it was specifically about. It was first filed in June of 2022 and amended in September;
Mayor Paul TenHaken and the city of Sioux Falls are being sued for violating the Americans with Disabilities Act (ADA).
The suit is filed on behalf of Sioux Falls resident Robert Elliot. It claims that the city has failed “to design, construct, maintain public facilities and enforce city ordinances related to sidewalks for ADA compliance, access ways, sidewalks and roads that are fully accessible to, and independently usable by persons with disabilities.”
The lawsuit also claims that barriers also violate city ordinance.
Besides the residential sidewalks (the adjacent property owner’s responsibility) the ‘barriers’ have been an issue for years. As a person who has rode the sidewalks in this town on a bike for years I have often been astonished with how bad the sidewalks are mainly on Minnesota Avenue and 41st street. They look like sidewalks in a war torn country like Ukraine.
I was curious why the city decided to spray paint to their heart’s content thousands of sidewalks last year and offer a neighborhood grant program to fix them. Looks like they were trying to play catchup. As it was explained to me the city could not use ARPA money to fix adjacent sidewalks due to liability. In other words if the city just used ARPA money to fix the sidewalks they would take on the liability of the sidewalk if someone got injured falling on a crack, BUT the city could have used the money to fix barriers and put in ADA accessible ramps to the sidewalks.
Which brings us to this claim in the suit;
The lawsuit also claims the city has the ability to pay for repairs and construction. As an example of ability to pay, it cites the several million dollars the city received in federal COVID funds in 2021 and that the city spent zero of that infrastructure aid money on ADA compliance.
This lone sentence in the lawsuit is the kicker. While the city literally threw money at butterflies, tennis courts and ‘other stuff’ at the DSU (private) research facility they spent NO money fixing ADA problems.
Let’s not kid ourselves, a Federal lawsuit like this will be in the courts for years and the city will likely fight tooth and nail with our tax dollars instead of doing the right thing and just complying.
The city should really just work on a compromise and a plan to do the right thing but with a lead city attorney with one foot out the door I have a feeling this is going to end badly.