Snow Presents Access Challenges for the Disabled
Having a physical disability which limits one’s mobility can be bad enough. Add snow and/or ice and mobility. I have fortunately been able to drive again since July 2008. But just becaise I can drive somewhere doesn’t guarantee I’ll be able to exit my car once I arrive.
Visiting Straub’s for groceries was able to get from the disabled parking to the store because they had done a good job clearing the parking lot. However, for those not fortunate enough to have the freedom to drive a sidewalk like the one above means staying at home.
In many cases the sidewalk is cleared but getting to the sidewalk on foot or in a wheelchair can be nearly impossible. In the case of Saint Louis University (above) I’ve asked them to give more thought to how & where they clear the sidewalks.
I took the above image on Sunday morning as I headed to brunch in my wheelchair. Normally I’d take the sidewalk to the left to get to Washington Ave. However, the public sidewalk became the storage place for a big pile of snow. I rode in the street longer than I like and entered the sidewalk on the right via the parking garage curb cut. My normal route was also blocked by snow from another parking lot on the foreground.   For me the above was a minor inconvenience. For others, say trying to get 6 blocks to MetroLink, they may be forced to stay home rather than go to work, school, doctor, etc.
I can’t imagine living in a place where snow is more common. Although those places may do a better job ensuring the disabled have continued access.
Some friends and I were discussing this over the weekend. Both of us are from a northern state, where snowfall and ice is common. There, people take pride in being the first to clear their public sidewalk. Also, if you don’t clean the sidewalk there, you will get a ticket. And, of course if anyone falls on the sidewalk in front of your house, you can sue them for damages and win, as it is their responsibility to clear the snow. I was shocked that my landlord didn’t clean the walkways around the property, to be honest.
If you aren’t part of the solution, then you’re part of the problem. What disabled folks should do is retrofit their Rascals and other powered mobility devices with snowplow blades. It’s a good way to give back to the community.
My observations are similar to Jason’s. I also emailed the corporate offices of one chain on Saturday pointing out a “safety” issue at one of their local stores. On Monday, I recieved a call from the local store manager, and learned a) that several other customers had complained, and b) that his understanding was that they were “not allowed to remove snow from city property, because they would be liable for any damage to the sidewalk”(!). That caused me to do my research, and I located the following city ordinance (under “Littering”):
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“11.18.210 Snow removal. After any fall of snow, owners, managers, agents or occupiers of any premises shall cause the snow to be immediately removed from the improved area of the sidewalk in the public street adjacent to such premises, and the improved area of the sidewalk shall also be kept clear of ice at all times. If no part of the sidewalk area be improved, then a lane five feet wide in the sidewalk area shall be kept free from snow and ice at all times. Where structures contain six or more units, it shall be the duty of the owner or agent of the owner to comply with this provision. Where structures contain between one or six units, it shall be the duty of the person occupying the units nearest the public street, as well as the owner or agent of the owner, in-volved to comply with the requirements of this section. (Ord. 56726 § 1 (part), 1974: 1960 C. § 805.210.)”
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I provided a hard copy to the store manager, and he promised to send it up the chain of command since (both he and I assumed that) it would require a change in the contract with the existing snow-removal contractor. I hold commercial operations to higher standards than individual residences, since they have the resources to make sure snow is removed. But I do find it interesting that the city apparently sees no need to enforce the existing law. If nothing else, the fine revenue would help the city budget!
These access issues affect young families as well…I took a walk with my kids on Saturday to get some fresh air and enjoy the warm temperatures. My three year old was on his tricycle, and I was pushing a stroller. I could not believe the number of walks that were not cleared three days after the last snow fall. I guess people expected the warm temperatures to do the work for them.
Mobility even for the able bodied is troublesome after a major snow storm. But where do you put the snow. It is nearly impossible to remove all snow. It has too be pushed somewhere. In dense areas, it is even more challenging. While I was suprised after reading Mr. Zavists post to see that such an ordiance exists in the City of St. Louis, I am not suprised that it is not enforced. In both Missouri and Illinois, a landowner, whether residential or commercial, has no obligation under the law to remove natural accumalations of ice or snow. You can be liable, however, for unnatural accumulations. So if you negligently remove ice and snow (create ruts, or pile the snow such that it melts in a walkway and refreezes, etc)you can be liable. I have found that if the property owner does make any attempt to remove natural accumulations of ice or snow, then if someone falls, the court will find that them negligent. Under the law, your better off if you don’t remove the snow. Of course, as a courtesy, most business establishments do remove ice and snow so there customers will continue to patronize them. And because they do it, they are constantly sued. I know, because I have represented numerous clients over the years who have been sued becasue people fell on ice or snow on their property. But you certainly cannot rid your property of all snow, especially during large accumulations. Snow is just part of nature and something we have to live with.
That snow removal code is common throughout the city and county. Good for you JZ that you took the extra effort to change irresponsible behavior. The typical solution in the StL region is to wait for warmer temperatures. Pedestrians and parents with strollers who don’t want to wait must play chicken with 4000+ pound moving motorized vehicles. The crazy portion of the code is the differentiation in responsibility depending on the number of units. The amazing thing is it takes an UR reader to inform a manager of a chain store on local codes?
newsteve – sounds like you’re a lawyer and you bring an interesting perspective. It sounds like, as a property owner, you’re “damned if you do and damned if you don’t”, and financially the better risk is a misdemeanor citation (likely less than $100, if you do by some slim chance get cited and fined) for not removing the snow, versus risking a personal injury judgement of potentially many times $100 in civil court, for having snowmelt refreeze and turn into ice (albeit, also another “naturally occurring” phenomenon). But the basic reality remains that IF you follow the city ordinance explicitly, with the public walk actually “kept free from snow and ice at all times”, it becomes a win-win situation – there are no legal consequences and pedestrians are able to use their/our public right-of-way . . .
Jim, it is a damned if you damned if you don’t situation. Yet, I think it nearly impossible to explicityly follow the ordinance as written. As many people know, you can’t keep the walkways, parking lots, etc. “free” from ice and snow entirely.
JZ,
I’ve actually had conversations with some small business owners in StL Co. who refuse to clear their lots OR sidewalks because they are under the impression that someone falling or having an accident on their property after snow removal operations will render them liable for any injuries suffered.
I will add to my original comment by stating this past snowfall was barely anything to be complaining about having nowhere to put it, yet leaving it sit and become ice is hazardous and annoying. You can easily make piles of snow that are 8 feet high, out of everyone’s way. That’s what the grassy spots between roads and sidewalks are for. They make good snow-storage spaces. Parking lots can be plowed to make 20 foot high piles.
I’m only saying that it’s possible. If you want to see places that it works very well, just look to the northern states, they’ve become very efficient at snow management. I realize that the culture of St. Louis is to wait for it to melt. But that really sucks for people who want to use the sidewalks.
I think we can all agree that it would be awesome if everyone in St. Louis took care of their public walkways, regardless of whether we enjoy snow or not.
I was thinking about this same thing the other day when I had to pull over on Grand and Washington and got out of my car and helped a man in his wheelchair that was trying to shovel his way out of the sidewalk so he could cross the street. This man had to carry a shovel around with him in order to get to get around.
I’ve been wheelchair bound before (for about 3 months) and I remember how hard it was just to get around the house and in out of stores and I couldn’t imagine doing the same thing with snow on the ground. ST. LOUIS has to do better
It’s looking more and more like there “ought to be a law”. The apparent problem is that case law has evolved to the point where a property owner is at greater risk for doing the right thing than for doing nothing. The simple answer would be a new/revised law, granting immunity or reducing financial exposure for anyone making a good-faith effort to keep the public way clear, and shifting responsibility for avoiding slips and falls back to the pedestrian – can you say personal responsibility?! Make the slip-and-fall “victim” prove that the property owner intended to harm the public. Don’t just assume an owner can be out there 24/7 spreading salt!
As an aside, on my way to fly out of Lambert on Wednesday I stopped at the Steak and Shake on Natural Bridge Rd. They hadn’t plowed their parking lot at all. I refused to eat there and went on to Jack in the Box where I had tainted food resulting in minor food poisoning for myself and my wife. [Ever been in a plane with food poisoning? Not good at all!!]
The lesson? Steak and shake had to have lost more than just my business for not cleaning up the snow and I’ll never eat at that Jack in the Box again.
I try to set an example for my neighbors and get out there and shovel the sidewalk as soon as I can. I usually go halfway past the neighbors house on either side of me to make them feel guilty so they get out there and do the same. So far it hasn’t worked!
We’ve had an unusually large snowfall in Michigan this winter, and consistent cold weather to keep it around. Fortunately, at least here in my hometown, folks have been good about clearing the walks. However, even so I had to step out into the street several times while walking the dog this evening.
Snow and ice are also significant sources of injury for the elderly. Those of us that work and plan in “winter cities” must keep the need for snow storage, predominant wind direction (to minimize “black ice” and drifting across pathways), and solar access (for melting/evaporation off paved surfaces) in mind when planning pedestrian spaces.
I am from StL but now live in Toronto proper. Here snow is on the ground almost constantly. Ordinance is strange as well. All public sidewalks are cleared by the city. Businesses don’t have to clear them and are not liable for injuries. That means on major streets it can be days before the sidewalks are cleared fully and often snow or ice is left by the bobcats that are used to clear them. This presents another problem. Plowing occurs on the streets first and then the sidewalks, and so the crosswalks will have a barrier of snow right after large snow storms.
I have also lived in St. Petersburg, Russia. There it snows almost every day and snow clearance is an oxymoron. They pack it down. In areas where many people walk, it becomes solid ice (outside of metrostations) and so packed that it is crystal clear. They have to use crowbars to chip the ice away.
Frankly, the level of snowfall in St. Louis makes me laugh at complaints. It doesn’t really snow in St. Louis. It flurries.
I laugh constantly, when I’m not cringing, at the response to snow in this town. If streets and sidewalks are cleared at all, nothing happens until the very last snowflake falls – and many, many of both are left completely uncleared. And during even the littlest snowfall, people go nuts with worry that they won’t be able to drive anywhere (especially into work). It would be entertaining if it weren’t so sad.