Posted by: lokahipath | July 2, 2010

Does the New Easement have to be ADA Compliant

New Trails must be ADA compliant

Christina Pilkington
ADA Coordinator
Office of the Mayor
4444 Rice Street, Suite 150
Lihue, HI 96766
Phone (808) 241-6203 (V/TTY)
Fax (808) 241-6161
cpilkington@kauai.gov
Aloha,
Hope this is helpful:
If a certain number of residents want a trail in an area that is owned by the government – I am not sure of the course of action they should take. Maybe they would go before the Planning Commission or the Public Access, Open Space Natural Resource Preservation Fund Commission and request the area be listed as a priority for the county to change in some way – to fund improvements, to acquire additional surrounding property for a certain purpose, to restore cultural or historical significance… I’m not sure what the residents motives would be.

Residents per say don’t trigger compliance with the ADA unless they are residents who have qualifying disabilities and they are identifying access barriers in an area of public accommodation or on government property. Under ADA Title II (government owned facilities) compliance with the ADA Access Guidelines (ADAAG) isn’t triggered unless there is some kind of existing developed area open to the public (a parking lot, a defined route, an element or amenity).

The ADA doesn’t dictate that anything be built anywhere. But when places are open to the public – government or private owned places of public accommodation – ADA requires all new construction and alterations comply with the ADAAG specifications. In other words – you don’t have to build anything but if you do build something it has to comply with certain standards.

“Christina Pilkington”

Hello Christina:

Would you please be able to be at the County Council this coming Wednesday morning July 7 by 8:30 am? A special agenda is being held to discuss the grant of an easement for a very steep, rocky beach access trail to Larsen’s Beach (Lepeuli) from Waioli Corporation to Kauai County. It is certainly not feasible for many members of the public to use. As far as the county is concerned this is a NEW trail. So your comments below are highly relevant to this matter. Thank you.

Regards,

Richard Spacer

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