WILLIAMSPORT – The City of Williamsport has denied allegations that it has been non-compliant with the Americans with Disabilities Act of 1990, as it relates to the layout and facility of its City Hall building.
The Center for Independent Living of North Central Pennsylvania and ADAPT of North Central Pennsylvania, along with Thomas Grieco of Lock Haven, Tina Cummings and Jay Harper of Williamsport and Marie Prince of Jersey Shore initially filed suit in the U.S. District Court for the Middle District of Pennsylvania on July 15 versus the City of Williamsport.
According to the litigation and despite 30 years since the passage of the ADA, Williamsport City Hall does not have an ADA-accessible ramp leading to the main entrance of the building, nor does it have reasonable accommodations for wheelchair access, protective systems in place for the vision and hearing-impaired, restroom emergency lighting or appropriate signage, among other deficiencies.
The plaintiffs said the City has chosen to retain these violations without corrective action, in the process, affecting thousands of its citizens and visitors. Per estimates from the U.S. Census Bureau, about 17 percent of Williamsport’s population is disabled and 3,362 citizens have difficulty walking or moving.
In particular, the suit described the Williamsport City Council going out for bid on construction for a wheelchair-accessible ramp at the front of City Hall, but never followed through on the project.
“We have tried to work this out, but time is up. We are asking the court to order the City to obey the law, provide the long promised front door ramp, make inside of City Hall safe, and provide money for damages,” said Misty Dion, the CEO of CILNCP.
Williamsport’s City Council created a committee to ascertain whether to spend millions of dollars on upgrading compliance for City Hall, a former post office, or other alternatives.
In order to make the necessary structural improvements that would include full compliance with all ADA requirements, the committee was recently told it would cost $5 million.
The four individual plaintiffs, Harner, Cummings, Grieco and Prince, also outlined their individual compliance issues in the lawsuit.
“It is both sad and unconscionable that a city must be compelled by lawsuit to fully and safely open its government's doors to all of its citizens,” plaintiff counsel Thomas H. Earle stated.
UPDATE
The City filed an answer to the complaint on Sept. 17, denying the plaintiff’s allegations and asserting a number of affirmative defenses.
“Plaintiffs’ complaint fails to state a claim upon which relief may be granted. Plaintiffs’ claims are barred, in whole or in part, by the statute of limitations. Plaintiffs are not entitled to any of the damages sought herein. Plaintiffs lack standing,” the City’s answer said.
“At all times relevant hereto, the defendant’s actions were for legitimate business reasons. Plaintiffs have failed to state a claim pursuant to the ADA, are not disabled pursuant to the ADA and are not entitled to any of the damages sought in this matter. Plaintiffs have failed to state a claim pursuant to Section 504 of the Relocation Act, and the defendant is in compliance with the ADA and Section 504.”
For counts of violating Title II of the Americans with Disabilities Act and violating Section 504 of the Rehabilitation Act of 1973, the plaintiffs are seeking a declaratory judgment that the defendant’s conduct violates the aforementioned laws, an injunction enjoining them from further violative conduct, the creation and implementation of a remedial plan by the City, attorney’s fees, expenses and costs, and such other and further relief as the Court deems just, equitable and proper.
The plaintiffs are represented by David Ferleger in Jenkintown and Thomas H. Earle of Liberty Resources, Inc. in Philadelphia.
The defendant is represented by William J. McPartland of Marshall Dennehey Warner Coleman & Goggin, in Moosic.
U.S. District Court for the Middle District of Pennsylvania case 4:20-cv-01211
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com