Reynoldson, Pixley, Whedbee v. City of Seattle - Class Action Complaint Regarding the Pedestrian Right of Way

EXPERIENCES OF THE NAMED PLAINTIFFS

35. Named Plaintiff Conrad Reynoldson has muscular dystrophy and uses an electric wheelchair for mobility. He lives in the Laurelhurst neighborhood of Seattle, very close to the University District, and recently graduated from the University of Washington School of Law, which is in the University District. He has encountered numerous barriers to full and equal use of the pedestrian right of way in neighborhoods throughout the City. This includes, but is not limited to those described below.

36. In particular, Plaintiff Reynoldson encounters many barriers to accessibility in the University District. For example, at the intersection of Northeast 62nd Street and 12th Avenue Northeast, there are no curb ramps at any corner. Additionally, at the corner of Northeast 61st Street and 12th Avenue Northeast, there are no curb ramps that allow travel from east to west across 12th Avenue Northeast. At these and other intersections with missing curb ramps, Plaintiff Reynoldson must use driveways to descend to street level and then ride in the street with vehicular traffic, which places him in danger. Plaintiff Reynoldson enjoys spending time in the University District for social engagements, entertainment events, and church events. Although he lives very close to the University District, he is forced to travel by car instead of by wheelchair due to the many missing curb ramps. In addition, he travels to the University District far less frequently than he would like to due to the dangers involved in attempting to navigate the City's pedestrian right of way.

37. Plaintiff Reynoldson also encounters many barriers to accessibility in the Wallingford neighborhood of Seattle. For example, along Northeast 44th Street, almost no intersections for approximately half a mile have any curb ramps at any corner. Specifically, there are no curb ramps on any corner of the intersections of Northeast 44th Street with Latona Avenue, 1st Avenue Northeast, Sunnyside Avenue North, Corliss Avenue North, Bagley Avenue North, and Burke Avenue North. Additionally, at the intersections of Northeast 44th Street and Eastern Avenue North and at Northeast 44th Street and Wallingford Avenue North, the only ramps that exist are on the northwest corners facing south and the southwest corners facing north, allowing only travel north and south on the west side of the intersections. Similar barriers exist along Northeast 43rd Street where no intersections for approximately one-third mile have any curb ramps at any corner except for two intersections that only allow travel north and south on one side of the intersection. Specifically, there are no curb ramps on any corner of the intersections of Northeast 43rd Street with 1st Avenue Northeast, Sunnyside Avenue North, Corliss Avenue North, Bagley Avenue North, and Burke Avenue North. Additionally, at the intersections of Northeast 43rd Street and Eastern Avenue North and at Northeast 43rd Street and Meridian Avenue North, the only ramps that exist are on the northwest corners facing south and the southwest corners facing north, allowing only travel north and south on the west side of the intersection. Plaintiff Reynoldson frequently travels to Wallingford for social engagements. In order to travel down 43rd Street or 44th Street, Plaintiff Reynoldson must use driveways to descend to street level and then ride in the street along with cars, which is dangerous. Plaintiff Reynoldson can only avoid this result by making sure he parks on 45th Street, but 45th Street is very busy and does not always have parking available.

38. Due to the many barriers to accessibility in the University District, Wallingford, and many other areas of Seattle, Plaintiff Reynoldson's ability to travel throughout Seattle is compromised. He frequently has to allow a great deal of extra time to reach his destination just so that he will be able to find parking in a location near a route that he knows to be accessible. Other times, Plaintiff Reynoldson is forced to pay extra money for a parking spot close to his destination, such as when he attends professional sports events downtown, in order to avoid the great dangers involved in trying to navigate the pedestrian right of way while having to use the vehicular roadway. In addition, the inaccessibility of the pedestrian right of way in the City has become a factor in his major life decisions. For example, in deciding where to locate the office of the business he is starting, Plaintiff Reynoldson is taking into account whether he will be able to reach his office safely via the pedestrian right of way.

39. As a result of the foregoing, Plaintiff Reynoldson has been and continues to be denied equal access to his neighborhood and other parts of his community that persons without mobility disabilities enjoy. He is often deterred from using his wheelchair to visit public facilities, places of public accommodation, and friends because he chooses instead to remain safe from the serious risks involved in navigating the inaccessible pedestrian right of way. He is also forced to risk his safety by traveling in the street because there are insufficient accessible curb ramps to allow him to travel freely on City sidewalks.

40. Named Plaintiff Stuart Pixley has cerebral palsy and uses an electric wheelchair for mobility. He lives in Bellevue, Washington but travels to Seattle on a weekly basis for social engagements, entertainment events, professional meetings, and functions at the school that his children attend. He has encountered numerous obstacles to using portions of the pedestrian right of way throughout the City. This includes, but is not limited to, those described below.

41. In particular, Plaintiff Pixley encounters many barriers to accessibility in downtown Seattle. For example, at the intersection of Yesler Way and Terrace Street, there is no curb ramp at either corner for crossing Terrace Street. At the intersection of 4th Avenue South and South Main Street, there is no curb ramp at the northwest corner. At the intersection of 1st Avenue South and South Columbia Street, the curb ramps at the northeast, southeast, and southwest corners are not aligned with the crosswalks, forcing Plaintiff Pixley into the path of vehicular traffic before reaching a crosswalk.

42. Due to these and other barriers, Plaintiff Pixley must choose between his time and his safety when he travels on the pedestrian right of way in the City. He sometimes travels three times the distance of a direct route in order to find usable curb ramps, while also avoiding other obstacles, such as the naturally hilly terrain. When Plaintiff Pixley encounters corners that are missing curb ramps, he must use a driveway in the middle of the street, if one is even available, to descend to street level and then ride in the street along with vehicular traffic until he reaches the intersection, which endangers his safety. Corners with curb ramps that do not align with the crosswalk are also dangerous, because he is forced into the line of traffic. On several occasions, he has nearly been hit by a car at intersections with missing or unsafe curb ramps. If Plaintiff Pixley attempts to ride over a curb with no curb ramp, he risks falling out of his wheelchair or damaging his wheelchair. He often finds that his wheelchair batteries become depleted due to the longer routes he must take to reach his destination. If his wheelchair were to break down due to overuse or damage, Plaintiff would be stranded and vulnerable. Thus, Plaintiff Pixley experiences a great deal of stress and fear because of the many access barriers that he encounters in the City's pedestrian right of way.

43. As a result of the foregoing, Plaintiff Pixley is deterred from visiting Seattle as frequently as he would like to. When he does attempt to navigate the pedestrian right of way in the City, he experiences stress and great inconvenience. He also faces serious risks to his safety when he encounters missing or inadequate curb ramps and is forced to ride into the street.

44. Named Plaintiff David Whedbee is paraplegic and uses an electric wheelchair for mobility. He lives in the Columbia City neighborhood and works in Downtown Seattle. He also regularly travels throughout Seattle on the weekends for both entertainment and professional activities. Plaintiff Whedbee routinely experiences inconvenience and potential risk to his safety in Seattle because of missing or deficient curb ramps in the City's pedestrian right of way. He is often unable to find a curb ramp and is forced to travel into traffic lanes until he can find an accessible curb ramp or a mid-block driveway to use instead. The barriers he has encountered include, but are not limited to, those described below.

45. In Downtown Seattle, Plaintiff Whedbee has encountered a number of intersections with missing curb ramps, as well as curb ramps that are dangerous to use because they are too far from the crosswalk or positioned in a manner that forces him into the flow of vehicular traffic before reaching the curb ramp. For example, at the intersection of Jackson Street and 4th Avenue, the northwest curb ramp is outside of the crosswalk and in the bus lane, so Plaintiff Whedbee is forced to travel in the bus lane in order to reach the crosswalk. At the intersection of Bellevue Avenue and East Pike Street, there is no curb ramp at the southwest corner, and at the southeast and northeast corners, the ramp is outside the crosswalk, again forcing him to travel in the bus lane. As a result of these barriers to accessibility, Plaintiff Whedbee is limited in his ability to travel around Downtown Seattle. He must plan additional time for his travel, often taking a more circuitous route in order to avoid missing or dangerous curb ramps. Otherwise, he is forced to travel in the street with vehicular traffic and risk his safety. The corners at the intersection of Jackson Street and 5th Avenue are a particular concern to Plaintiff Whedbee, because he travels through this intersection nearly every day, and it is located in a high-traffic area of the City.

46. In the Columbia City neighborhood, Plaintiff Whedbee has also encountered a number of intersections with missing curb ramps. For example, at the intersection of 42nd Avenue South and South Dawson Street, each corner is missing a curb ramp in at least one direction. At the intersection of 48th Avenue South and South Hudson Street, there are no curb ramps on the southeast, southwest, and northwest corners. As a result of these and other missing curb ramps in his neighborhood, Plaintiff Whedbee is limited in his ability to travel the sidewalks and thoroughfares of his own neighborhood. When he does use the pedestrian right of way, Plaintiff Whedbee is often forced to use unpredictable driveways to descend to street level, which can be dangerous because it puts him in the line of vehicular traffic.

47. As a result of the foregoing, Plaintiff Whedbee has been and continues to be limited in his ability to use much of the pedestrian right of way in the City due to poorly positioned, steep, or missing curb ramps. The need to use circuitous routes can cause delay and unsafe situations for wheelchair use. Traveling in the street causes Plaintiff Whedbee stress, great inconvenience, and undue risk to his safety.

48. These experiences are typical of those experienced by persons with mobility disabilities in the City and demonstrate the inaccessibility, fear, humiliation, and isolation that people with mobility disabilities experience while trying to navigate the City's pedestrian right of way.