ADA 30 Pedestrian Ramp Report 072620

Introduction
The Manhattan Borough President’s Office (MBPO) has many responsibilities, and
one of them is a commitment to ensuring that the borough’s streets and sidewalks,
public venues, and its subways and buses become fully accessible to persons with a
physical disability. As a practical ideal, we believe that every mobility-challenged
or vision impaired New Yorker shall have equal access and opportunity in
employment, housing, education, transportation, and in their time with family and
friends. To believe in, and do less, is an affront to the larger ideal of New York as a
fully inclusive city that believes in the equality of all its residents.
In this regard, one of our most serious shortcomings is in the condition of the
ramps at crosswalks that enable residents with impaired vision, and those who rely
on wheelchairs, walkers, and other aids to transition safely and conveniently
between street and sidewalk. When a ramp is missing, blocked, in disrepair, or
improperly constructed residents with disabilities cannot fully participate in many
activities and opportunities for enrichment that other New Yorkers take for
granted.
The City’s Administrative Code, Section 19-152, assigns responsibility for

installing, maintaining, and repairing sidewalks along the borough’s streets and
avenues to the owner of the property bordering the sidewalk. However, the
presiding entity responsible for ensuring that ramps are kept in a state of good
repair is the City Department of Transportation (DOT). Beginning in 2015, after
many constituent complaints, the MBPO surveyed the condition of the ramps along
Broadway. Our report found that only 9.5% of hundreds of ramps we examined
were fully compliant with the Americans with Disabilities Act (ADA). The present
2020 report re-examines the condition of the ramps, extends the scope of our 2015
findings, and makes new recommendations to DOT to improve the safety, design,
and accessibility of the ramps, and bring the city into ADA compliance.
In this current report we also address closely-related accessibility issues involving
the Metropolitan Transit Authority (MTA). A 2019 MBPO report highlighted
accessibility issues in the subway system that impact persons with disabilities, such
as unreliable elevators. The current MTA capital plan begins to address the
notorious lack of access to the subways documented in the 2019 report for persons
with a physical disability, as well as chronic elevator breakdowns, a lack of
signage for those who are blind or have impaired vision, and the system-wide
issues of cleanliness (I hope the Federal government will support this effort with
funding.).
The confluence of MTA efforts to improve subway accessibility with new

elevators and other measures, and the City’s continuing struggle to install ADA
compliant pedestrian ramps, has led us to focus this report on the condition of
ramps located near subway entrances, and to identify how a coordinated approach
to accessibility would best serve persons with disabilities.
The Role of the ADA

This opportunity is heightened in significance by the 30th anniversary of the ADA
on July 26, 2020. In the context of the profound challenges to mobility still faced
by Americans with disabilities, the Act’s anniversary reminds us that its
ceremonial signing only announced the struggle for disability rights, and that we
must remain vigilant and active in protecting and expanding those rights. Thirty
years on from their establishment, they have become basic to the formation of a
just society, and of benefit to all Americans.
In New York, the first class action under the ADA was brought on behalf of the
disability community by the Eastern Paralyzed Veterans Association (EPVA) in
1994, citing a disparity in equal access to the city’s sidewalks. A subsequent
settlement between the EPVA and the City established the City’s responsibility to
create curb cuts and pedestrian ramps at all unramped intersections. However, in
ensuing years the rate of installation stalled and many ramps deteriorated,
prompting a second class action brought by the Center for the Independence of the
Disabled New York (CIDNY) together with individual residents. In time the two
suits were consolidated and resolved though a new agreement in July, 2019. The
settlement establishes a 30-year remedial scheme for systemic installation and
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upgrades at all street corners where ramps are currently lacking or out of
compliance with the law.
Goals
First, to actually improve access to streets as well as subway stations for those with
disabilities, it is not enough for the MTA to install elevators if the city’s pedestrian
ramps are not functional or ADA non-compliant. Thus we emphasize, first, how all
components of an accessible city- ADA compliant ramps; unobstructed ramps,
streets, and sidewalks; reliably functioning elevators; and clear, easily located
signage for both the sighted and vision impaired- must be planned and maintained
to work together or they will not succeed. Second, planning and implementation of
projects to increase accessibility must involve all concerned parties, maintain a
high degree of public transparency, and emphasize close consultation on the
priority, design, and duration of accessibility improvement projects.
Method
Given the MTA’s focus on increased accessibility at subway stations, and the need
for the City to coordinate its own compliance efforts with those of the MTA, we
observed and evaluated the condition of 248 street corner pedestrian ramps near
currently accessible subway stations. With the assistance of the Center for
Independence of the Disabled, New York (CIDNY), we trained a team of ten staff
members and interns to accurately measure the width of a ramp and determine the
degree of its slope, along with other ADA specifications, The team was then
dispatched to evaluate and record data on the condition and ADA compliance of
the 248 ramps.
The ADA requires state and local governments to provide ramps that meet the
following criteria for accessible design.
• There must be a pedestrian ramp where any crosswalk connects with the
curb
• The slope in the direction of pedestrian travel must have a rise ratio of 1:12
or less
• The ramp must have at least a 36” width
• Detectable warnings must exist along the ramp
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• There must be a level transition from the ramp to the roadbed
• The ramp must be kept in a state of good repair and not have cracks or
crumbling concrete
• The area leading up to the ramp must not have potholes
• The ramp must be clear of any obstructions
Findings
Of the 248 ramps surveyed, only 14 (5.65%) were found ADA compliant. Of the
remaining 234 ramps, 85 had one ADA violation; 83 had two violations; 38 had
three; 19 had four; and 3 ramps had five violations.
Common violations and non-accessibility issues included:
1. No Pedestrian Ramp
These pose a significant danger to persons with disabilities. In addition to being a

tripping hazard, they may require a wheelchair user in a busy street or crowded
sidewalk to search for an alternative crossing, or place them at risk of injury when
maneuvering down a steep curb. Six locations lacked a ramp.
2. Ramp Too Steep
The proper degree of slope on a ramp is critical to the safety of a user, whether
ascending to the curb or descending to the street. The ADA specification of a slope
with a 1:12 ratio keeps ramps safe for wheelchairs, minimizing the chance of a tip-
over that would endanger the wheelchair user or passers-by. Of the ramps we
surveyed, 152 (61.29%) had a slope steeper than the ADA recommended angle.
3. Ramp Insufficiently Wide
In order for people with disabilities to safely utilize a ramp, the ADA requires it to
be at least 36” wide. Of the 248 ramps we examined, 43 (17.34%) were less than
36” wide.
4. No Detectable Warnings
A symbol in the shape of a truncated dome, placed in or on pavement, is designed

to alert people with impaired vision that they are approaching a crosswalk. If not
for the presence of these symbols, visually impaired individuals may wander into
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oncoming traffic or unexpectedly encounter the edge of a ramp. Of the sites we
surveyed, 158 (63.71%) lacked such detectable warning symbols; in other cases,
the warning symbol was very damaged. This was the most frequent violation of
ADA compliance.
5. The Joint of the Ramp and Paving Not Level
A ramp must provide a level transition from the sidewalk paving to the street. Even
a small gap or bump presents a trip hazard or obstacle for people using walkers or
with impaired vision. Such changes in elevation may not exceed ¼”. 36 (14.52%)
of ramps we examined had bumps that exceeded ¼”.
6. Crumbling Concrete
Cracked or crumbling concrete creates similar trip hazard or an obstruction of the

ramp. Of those surveyed, 49 (19.76%) had surfaces that were cracked or broken.
7. Potholes Obstructing Ramps
Even if a ramp is fully ADA compliant potholes in the adjacent pavement may
obstruct access to the ramp or present a danger to users, requiring them to seek
another accessible ramp through street traffic or crowds of pedestrians. Of the
ramps surveyed, 44 (17.74%) were found to have a pothole obstructing the
approach.
8. Ramp Blocked
Unplanned physical barriers may restrict or obstruct access to a ramp. 16 (6.45%)

ramps we examined were fully or partly obstructed by construction barriers or
equipment, deep standing water, or private or Sanitation Department trash baskets.
Newly Constructed Ramps
At the request of Disability Rights Advocates (DRA), a national non-profit

disability rights leader, we sought to identify ramps that appeared to be newly-
constructed, and to evaluate the quality of their construction and compliance with
ADA requirements. However, NYC DOT does not make available a list of newly-
constructed ramps. Instead, we used our best judgment to determine the newest
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ramps on the basis of their appearance. Of the 248 total ramps surveyed, we judged
55 to be new, of which 47 (85.45%) were found non-compliant. This finding of a
large number of new, non-compliant ramps finds corroboration in a
correspondingly large number of complaints that our office and DRA have
received about the poor quality of newly-constructed ramps.
Conclusions and Recommendations
The 30th anniversary of the ADA offers a unique opportunity to refocus on issues
of disability rights, and to recommit ourselves to identifying and addressing areas
of persistent discrimination against New Yorkers with disabilities. A program to
repair and renew pedestrian access ramps and sidewalks is a great place to start.
Because the City of New York has agreed to a legally binding settlement with
advocates for those with disabilities, we will be able to work effectively over the
next several decades to remove many long-standing physical obstacles that have
restricted those with disabilities from participating fully in the city’s life. The
failure of many past and current practices and unconscionable delays should cause
us to remain vigilant in ensuring that the City’s paper commitment is matched by
tangible reforms and improvements. To this end, the City should take several steps
to help fulfill its promises.
1. Prioritize the accessibility of ramps around subway stations (as well as

other transit hubs)
As this report details, problems with the condition or absence of pedestrian ramps
around accessible subway stations remains deeply concerning to advocates, those
with disabilities who await integrated solutions to accessibility issues, and to this
office. However, it is encouraging that the MTA is now committed to make all
subway stations accessible. NYC DOT should embrace the importance of a holistic
approach integrating all aspects of accessibility to transportation by a first step of
prioritizing the improvement of ramps near accessible subway stations.
2. Greater transparency on ramp status and construction
Currently the City does not provide the public with a database detailing
construction schedules for pedestrian ramps. Although the City has created a
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website that provides information on the effort to bring every pedestrian ramp in
the city into ADA compliance, the site fails to include real-time data (as it should)
on the schedule for construction or repair of specific ramps, and does not include
the criteria or guidelines used by DOT to determine whether a ramp can be
classified as ADA compliant.
3. Accountability for the work of City contractors and other third parties
As noted above, this survey found that many ramps which appeared to have been
recently rebuilt were actually out of compliance with ADA standards. Whether a
city agency or a third party did the work, they should be held accountable and
required to bring their work into compliance.
4. Establish a program of maintenance for all ramps now in compliance
Preventing deterioration and repairing damage to existing ramps is as essential as

the reconstruction of ramps that are out of compliance. The City should publicly
relay and explain how it expects to maintain every one of its ramps in a state of
good repair in perpetuity.
Acknowledgements
We extend our thanks to the Center for Independence of the Disabled, NY

(CIDNY) for their training and guidance for the survey of pedestrian ramps; to
BetaNYC for data management assistance, and to Disability Rights Advocates
(DRA) for their review of the draft report. Additional thanks to MBPO staff
members Paul Goebel, Shula Warren, and Emil Mella for their contributions and
assistance. Further thanks to MBPO interns April Gore and Ziri-canela Morales for
their editorial, administrative, and organizational assistance; and to MBPO interns
Juan Castillo, Fiona Crisp, Han Yu Lin, and Mehmood Madha for their invaluable
assistance on the survey.
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Introduction

The City’s Administrative Code, Section 19-152, assigns responsibility for

The confluence of MTA efforts to improve subway accessibility with new

The Role of the ADA

Common violations and non-accessibility issues included:

These pose a significant danger to persons with disabilities. In addition to being a

2. Ramp Too Steep

3. Ramp Insufficiently Wide

A symbol in the shape of a truncated dome, placed in or on pavement, is designed

5. The Joint of the Ramp and Paving Not Level

Cracked or crumbling concrete creates similar trip hazard or an obstruction of the

7. Potholes Obstructing Ramps

Unplanned physical barriers may restrict or obstruct access to a ramp. 16 (6.45%)

Newly Constructed Ramps

At the request of Disability Rights Advocates (DRA), a national non-profit

Conclusions and Recommendations

1. Prioritize the accessibility of ramps around subway stations (as well as

2. Greater transparency on ramp status and construction

4. Establish a program of maintenance for all ramps now in compliance

Preventing deterioration and repairing damage to existing ramps is as essential as

We extend our thanks to the Center for Independence of the Disabled, NY

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