City Makes Intersection Dangerous at Request of Grand Center and Saint Louis University

Crossing busy four lane streets as a pedestrian can be a dangerous proposition even at intersections with good crosswalks and proper signals. Change that intersection so that traffic doesn’t have to stop and simply turn off the pedestrian signals and you’ve created a situation just waiting for a tragic accident. This is exactly what has happened at Vandeventer and West Pine at the request of Grand Center and SLU (this is confirmed via internal email, not speculation on my part).

I’m not suggesting they intentionally sought to make the area more dangerous for pedestrians but in the quest to make it easier for motorists they’ve made it much more challenging for pedestrians and bicyclists in the area. Motorists leaving the SLU parking lots at the intersection may also have to risk an accident to find a break in traffic for a left turn.

Above, the pedestrian oasis of the former West Pine closed by SLU in the 1990s awaits the pedestrian if they can make it across the street. The traffic signal is flashing red in this direction and the pedestrian signals are unplugged. Press the walk buttons that still remain in place and nothing happens.

Look both ways before crossing. From here you can see a continual line of cars heading northbound on Vandeventer where they have a flashing yellow light allowing them to continue through the intersection. One of the two parking lots for SLU can be seen at the right.

Stepping back from the intersection we see parking lots for SLU on both sides of West Pine. Students, faculty and staff using these parking lots daily as well as people coming from the adjacent neighborhood or a bus stop must all attempt to cross Vandeventer. These pedestrian do, I suppose, have the option to go south to Laclede to cross. However, at Laclede the intersection does not have any pedestrian signals like those turned off at West Pine. Lindell, which is closer anyway, does have working pedestrian signals. Still, many campus buildings are along this pedestrian spine so having a good connection for pedestrians would make sense.

From the opposite view, above, we see three women attempting to cross Vandeventer to reach their car parked on the other side of the street. Classes resume later this month but already we see cars from SLU faculty/staff or students. As you can see, SLU has their own branding on the street sign and some traffic signals are painted blue. For more pictures click here.

It is amazing how similar this intersection is to a one in Kansas City. In KC, a university removed vehicular traffic from a street to create a pedestrian only street. However, the city failed, the court found recently, to properly control the remaining intersection and unfortunately a student was struck and killed. From the court opinion:

Opinion modified by court’s own motion on May 1, 2007. This substitution does not constitute a new opinion.
Appeal of a judgment on a jury verdict in a wrongful death action against the City of Kansas City. The plaintiffs, parents of a deceased student struck by a vehicle while crossing Troost Avenue in a pedestrian crosswalk, contended that the City negligently created a dangerous condition of property at the intersection of 53rd and Troost Avenue by installing a pedestrian crosswalk and then failing to adequately control traffic and failing to adequately warn vehicles of the existence of the crosswalk. The City contended the claim was barred by governmental immunity pursuant to Section 537.600 RSMo 2000.

AFFIRMED.
Division holds: (1) The plaintiffs showed that the City waived immunity by creating a dangerous intersection and by failing to take appropriate action to mitigate the danger to pedestrians, although the City had notice of the danger caused by the inadequate warnings and controls at the intersection; (2) The plaintiffs also showed that the death of the deceased directly resulted from the City’s negligence, and that the City remained proximately at fault, although the City’s negligence concurred with the negligence of the driver whose vehicle struck the deceased; and (3) the waiver of immunity in 537.600 is an absolute waiver of immunity, regardless of whether the City’s actions would otherwise have been protected by “discretionary immunity.”

In short, a city cannot be immune to negligence for an intersection they control. Several options exist for this intersection.

One ‘solution’ is to leave the dangerous situation exactly as it is and we simply wait until someone is seriously injured or killed before correcting the situation. As you might imagine, I’m not fond of doing nothing. The simplest and least costly solution is to take the traffic lights off flash mode and turn the pedestrian signals back on. This could be done via regular cycles or on a 3-way red flash mode so that traffic stops at the intersection but doesn’t have to wait for the light to turn green if they have the right of way. A good compromise to keeping traffic moving along Vandeventer but allowing for pedestrians is to allow them to activate the signal so that traffic stops when pedestrians are present. This, however, doesn’t help motorists, bicyclists or scooterists trying to turn left onto Vandeventer from West Pine. If we can stop traffic along Grand for a pedestrian crossing on the other end of the pedestrianized West Pine we can find a way to be as considerate on this end as well.

City of St. Louis Lacks Good Street Tree Requirement

One of the key ingredients, in my view, of making cities more walkable (ie: walker friendly) is the proper placement of street trees — trees placed between the sidewalk and curb. These add order to the street as well as create a sense of division between sidewalk and passing traffic. Sadly, the city doens’t have a street tree requirement for new projects.

Above is Hartford looking eastbound with the old Commerce Bank parking lot on the right. Planned housing for this parking area has hit a financing snafu but evntually we’ll see something built here. This post is about the great street trees that line both sides of Hartford.

Sadly, when Commerce Bank torn down the more urbna 2-story structure a few years ago and built a new branch they neglected to include urban street trees along the entire south side of Hartford.

Combined with mostly blank walls this treeless area gives off a much different feel than the surrounding area with its tree-lined streets and sidewalks. At most six trees could have been placed along the side length of this property for a total cost of maybe $3,000. The true value to the area would have been far greater.

In stark contrast to the side street, the Grand side of the Commerce does have urban street trees at nice intervals. I have to wonder if the city made Commerce include these? Was there a concious decision to not have trees on Hartford just around the corner?

The retail building just to the north of Commerce Bank, built in the early 1990s, includes street trees along Grand (above) and Hartford (below).

So often it is the little things that make a difference and when it comes to increasing pedestrian activity (and thus a reduced burden on car storage) little details such as street trees do make a difference.

The city does have some suburbanish landscaping requirements that basically require some token trees/shrubs between the sidewalk and parking lots to screen cars but when it comes to the public right of way — the public sidewalk — it is perfectly OK to allow it to be a wide expanse of blank concrete. Somebody in city government needs to wake up and work on improving our standards. They could start by reviewing the Great Streets initiative from the East-West Gateway Council of Governments.

‘Road to Freedom’ Tour Stopped in St. Louis

This past Saturday, after visting the Jeff Smith 3 on 3 basketball tournament in Fairground Park, I quickly scooted over to the Missouri History Museum in Forest Park for the panel presentation as part of the Road to Freedom tour — seeking to restore the intent of the original Americans With Disabilities Act.

Interestingly enough, as I was nearly there I spotted the above crosswalk while waiting at the light at De Baliviere Ave and Forest Park Parkway. I’m sorry, when you have to stop painting the crosswalk lines because of a big intruding hunk of concrete with a traffic signal in the middle then you know you have a slight problem.

Looking the other direction we see problems with the newly constructed ramp and sidewalk area as well. I didn’t have my digital level with me but I can visually see the ramp and sidewalk area are too steep to comply. Perhaps Metro claimed, due to the design of the light rail system, it was infeasible to comply? Now imagine if you were in a wheelchair and were trying to cross the walk I just showed you — with the concrete barrier and signal in the middle and these corner ramps. Keep in mind that you’d be crossing with fast-moving traffic on Forest Park Parkway — do you dare maneuver out into the lane to get around the concrete barrier and than again to approach the ramp straight on to avoid tipping over?

As I arrived the bus was out front and to the right you can see a smaller bus from Paraquad delivering folks that don’t drive themselves.

Once at the top of the stairs you get a nice view to the north out of the front of the Museum.

The panel for the afternoon included, from left to right; Moderator Jim Tuscher, Paraquad; Jim Ward, ADA Watch and The Road to Freedom; David Newburger, Newburger and Vossmeyer, LLC and the Starkloff Disability Institute; Kyle Tate, Paraquad; Gina Hillberry, Cohen Hillberry Architects; and Max Starkloff, Starkloff Disability Institute.

The speakers were all very interesting and passionate about “keeping the promise of the ADA.” We heard stories about people having trouble keeping employment after getting MS (although fine but walking with a cane); sueing Metro to make sure the transit system complies with the ADA and so on. Although preaching to the choir, this was meant as a call to action in the disability community so that they in turn seek to get support for the ADA Restoration ACT now before Congress.

From a suggested sample letter:

When President George H. W. Bush signed the Americans with Disabilities Act (ADA) in 1990, he said that “every man, woman, and child with a disability can now pass through once-closed doors into a bright new era of equality, independence, and freedom.”

More than 15 years after passage of the ADA, however, people with disabilities are still being treated unfairly. People with disabilities are in a no-win situation. The courts have allowed employers to say that a person is “too disabled” to perform a job, but “not disabled enough” to be protected by the ADA. The individual is never even given the chance to do the job. This is wrong!

Every American wants a fair chance to use their job skills and support themselves through work. Just like other Americans, people with disabilities can and want to work to their full ability. The ADA was passed – with overwhelming bipartisan support – to create a level playing field so everyone who wants a job has a fair chance to find and keep a job they have the skills to do.

Many people who are trying to work despite having an impairment are not being given a fair chance. The ADA Restoration Act would correct this injustice. This legislation restores the basic right of people who have a disability to be judged based on performance – just like women, minorities, and the rest of the American workforce.

The Road To Freedom site has a petition and encourages everyone to contact their members of congress for support.

It is a shame when we have people seeking work but are turned down due to a simple impairment. Sure, the guy in the wheelchair isn’t going to be hired as a window washer. Granted, the person who cannot speak is not going to be a phone representative. We have thousands of people that, if the richest country in the world decides to make it a goal, can lead very independent and productive lives.

Remember, one day it may be you that is disabled and suddenly the freedom of movement you’ve enjoyed is taken away from you. Look around your environment, can you get to the store without a car? Would you be able to navigate to the post office or to the nearest transit to get to work? If you say have a desk job, would you expect to still have a job if you found yourself without the use of your legs?

I urge you to think beyond your current circumstances at what your life would be like if suddenly you were injured in an accident or a disease left you less mobile than today. Think about as you and your family members age and wonder if they will be able to stay in their homes and do the things they had done for decades. We have the ability moving forward to create environments that allow people the independence that is supposed to come with being an American.

17th Anniversary of ADA Today, Road to Freedom Bus in St. Louis on Saturday

Today is the 17th anniversary of the signing of the Americans With Disabilities Act.   Earlier this week the White House issued a proclamation marking the anniversary which read, in part:

On the anniversary of the Americans with Disabilities Act (ADA), we celebrate our progress towards an America where individuals with disabilities are recognized for their talents and contributions to our society. We also underscore our commitment to extend the full liberties and freedoms of our great country to all Americans.

Seventeen years ago, President George H. W. Bush signed the ADA into law. This legislation became one of the most successful and compassionate reforms in our Nation’s history, helping to ensure that individuals with disabilities are better able to develop meaningful skills, engage in productive work, and participate fully in the life of our Nation.

But as regular readers know, the ADA is largely ignored in many circles.  The promises have not been kept.

To this end activists across the country have organized the ‘Road to Freedom’ tour which will stop here in St. Louis this Saturday.  From the tour website:

The Road to Freedom is a yearlong, 50-State bus tour and photographic exhibit chronicling the history of the grassroots “people’s movement” leading to passage of the Americans with Disabilities Act (ADA).

We are touring the United States to tell the story of the struggle for disability rights, past and present, and to promote educational and economic opportunity for children and adults with physical, mental, cognitive, sensory and developmental disabilities.

The Road To Freedom is a project of ADA Watch and the National Coalition for Disability Rights (NCDR).

The St. Louis event will take place Saturday July 28th at the Missouri History Museum, Grand Hall, 2:00pm-4:00pm.

Welcome National Urban League Conference, Please Excuse the Cabs on the Sidewalk

For those of you that don’t know, the 2007 National Urban League Conference is being held in St. Louis this week, attendees began arriving yesterday. It was great to see so much activity near the convention center.

Above, St. Louis Urban League President & CEO James Buford talks with members as they wait for the crossing signal.

The rest of this post is a direct message to our guests in our city, but the rest of you can read along as well.

Dear National Urban League conference attendees:

On behalf of regular citizens of the City of St. Louis and the St. Louis region, welcome! We hope that you enjoy your stay in our city. To make your stay and the conference safe & enjoyable I need to offer a word of advice — watch out for the taxis on the sidewalk in front of our convention center.

I noticed yesterday, as many of you were coming and going between the center and the convention hotel, you were unaware that what looks like it should be the public sidewalk parallel to our Washington Ave is really a taxi stand. Some of you found this out as a taxi would honk at you as you tried to leave. So yes, getting from the convention hotel to the convention center requires crossing four lanes of traffic, then a taxi stand and then the drop-off/pick-up lane. At least crossing the street you get a traffic light and a pedestrian signal but without warning a taxi might be heading toward you just when you think you’ve made it to a sidewalk.

Now, I don’t want you to get the wrong impression, this taxi stand is not some subtle racial discrimination trick aimed at your convention. We genuinely want you here — and your money. No, taxis coming and going on a public sidewalk in one of the most heavily pedestrian areas in our downtown is business as usual in St. Louis. I was able to unearth an interesting policy:

The St. Louis Taxi Cab Commission prohibits taxi drivers, when driving on public sidewalks and nudging pedestrians, from discriminating between pedestrians on the basis of race, color, national origin, religion, sex, gender identity, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or status as a covered veteran.

Basically, the drivers cannot aim for someone of a certain race, gender or so on — every pedestrian on what should be our sidewalk is fair game (for anyone reading that is satirically challenged the above ‘policy’ is pure fiction — the drivers are free to discriminate in who they hit). So again, I simply ask that you use as much or more caution going from the curb to the door of the convention center as you do crossing the street.

Should you be so unfortunate as to get hit by one of our taxis I have some helpful information for you. If you witness someone getting hit, please use your cell phone camera to get information such as the taxi company (sometimes the color of the cab alone with help), the driver and all the usual things you’d record if a car was driving on a sidewalk in your city. Of course, make sure someone calls 911 to help the victim(s).

Let me share a few images with you to help navigate this area and to illustrate just how close many of you were yesterday.

Yesterday I noticed that most people were using the crosswalk nearest me as it is more direct to the convention hotel (note the van that crossed in the crosswalk space). In the background you see a group of women that crossed toward the convention center, just beyond them is the taxi stand for two taxis. As you can see, they are pointed westbound means you are crossing their taxi lane (formerly a sidewalk) when you get across Washington Ave.

Above, say you return to the convention area from using our MetroLink light rail system and you are walking back to your hotel along Washington Ave. As you approach the convention center you’ll see taxis, like the green one above, in the sidewalk space. Pedestrians are forced to either side of the taxis. Remember as you get along side or past them, watch for them to take off and they head westbound toward the exit.

Everyone walking westbound from the centerpoint remains fair game. This group above is walking not on a sidewalk but in the taxi exit lane right where it combines with the exit area from the drop-off zone. Don’t stop and marvel at the brick paving — this is no place for pedestrians!

Luckily here we can see the taxi drivers waiting for a fare which allows this group to safely cross what they probably think is a sidewalk area.

Above we see a brave volunteer for Barack Obama talking with one of your fellow conference attendees. In the background we see two women going around the taxis waiting on the former sidewalk area. I know this appears to be a safe place to stop and talk but it is not.

From the other direction we can see, above, how the taxis on the pedestrian sidewalk narrow this area considerably, forcing pedestrians to go around. If you are waiting on a bus at this bus stop, I strongly suggest you do as the woman is doing above and wait behind one of the bollards for protection.

Above, you can see how those using our bus system are placed right in the path of the taxis.

You will see locals and tourists having to do just like you will, walking around the taxis. This forces you to go from walking side by side to in line as the space narrows.

We can’t provide any benches for those waiting for the bus. If you are like the woman on the right, simply use a planter as a bench while waiting on your bus. The only trick is you need to keep looking past the taxis to see if your bus is coming so you can dart in front of the taxis to get out to the curb in time.

Standing up every so often will help to see if the bus is arriving. In the background, a group of young men foolishly walk on what they think is the sidewalk, walking directly in the exit route for the cabs.

Pedestrians coming from the east, from the west, waiting on the bus, two crossings over Washington Ave. Just remember, you are not really safe until you hide behind a bollard or dash into the convention center.

Oh, the bus has arrived so the woman that had been using a planter as a bench cuts in front of the sitting taxi to catch it. The older woman in the far left walks slowly with a cane, she remained leaning against the light standard for about 15 minutes while waiting for her bus.

Above we see two attendees of the conference walking on one side of a taxi while a young man who just exited the bus on the other.

And below is a short video showing the cabs navigating the space:

[youtube]http://www.youtube.com/watch?v=C_ij5CTxZ8I[/youtube]

Well, I think you get the point. I want you to enjoy your visit to our city but just because something looks like a sidewalk do not assume that is the case. A few years ago a nationally known pedestrian expert, visiting St. Louis, was tragically killed by a tour bus as the woman crossed the street returning to her hotel a few blocks away.

However, should you get hit by a taxi while visiting St. Louis I want to offer some helpful information for your attorney, just email them a link to this post.

Here is a shortlist of the people and entities to consider suing for damages due to negligence:

• D. Michael Tully, Director of the St. Louis Metropolitan Taxi Commission
• Kathleen Ratcliffe, President of the St. Louis Convention & Visitors Commission
• Mayor Francis Slay and Alderwoman Phyllis Young, City of Saint Louis.

Your lawsuits against the city should be sent to Patricia A. Hageman in the City Counselor’s office. The Taxi Commission and the Convention & Visitors Commission are separate entities so they have their own counsel but I’m not sure who that is — I’m sure your attorney can find out easily enough.

As a sort of “convention special” to you, our guests, I’m making a limited time offer to waive any fees as an expert witness in any case arising out of getting hit by a taxi in front of our convention center. So if you are hit this weekend, I’ll gladly work with your attorney sharing my hundreds of photos that fully document how the area is dangerous, poorly designed and lacking proper warnings. Furthermore, I will share videos taken at the site as well as private emails to and from the above and others regarding this issue which helps illustrate they’ve been given notice as to the problem. You know, I am feeling generous, so I will forget any limitations — I will voluntarily be an expert witness to anyone hit by a taxi in front of St. Louis’ convention center regardless of who you are (local or visitor) or regardless of if it happens this weekend or anytime going forward.

If you, or your attorney, cares to read more about this situation check out my prior posts on the subject from January 12, 2007 and May 30, 2007. My full collection of photos on this subject, ranging from January through yesterday, can be viewed here.

I hope that those of you visiting our city will use extra caution when coming and going from the convention center this weekend. I’m sure the speeches from presidential candidates and the many other speakers will be uplifting but you will need to come down to earth when venturing back outside.