An attorney for the American Civil Liberties Union has filed a federal class action lawsuit against Pulaski County over a lack of accessibility at the county courthouse.
The suit states, “The Pulaski County Courthouse is not fully and readily accessible to persons with mobility impairments and other physical disabilities.” Winamac resident Emily Hizer, who has multiple sclerosis and is in a motorized scooter, filed the suit on behalf of herself and others with similar mobility issues.
The suit notes Hizer, “has difficulty in fully participating in the political life of the County that is centered in the Courthouse. Other persons with physical disabilities in the County have a similar difficulty.” The suit estimates 10 percent of Pulaski County residents have trouble accessing the courthouse.
The county’s failure to make the courthouse fully and readily accessible violates both the Americans with Disabilities Act and the Rehabilitation Act, according to the lawsuit.
It notes changes to “existing facilities” such as the courthouse to make them readily accessible had to be made by Jan. 26, 1995 to comply with the ADA. The three-story limestone courthouse was completed in 1895.
Also The Rehabilitation Act provides that “no otherwise qualified individual with a disability” may be discriminated against on the grounds of that disability by any program receiving federal funding and notes the county gets money from the federal government.
The only accessible access to the courthouse is on the first floor, which houses the offices of the county assessor and surveyor.
Patrons with disabilities must take an elevator to the second and third floors. The second floor houses the offices of the county auditor, treasurer and clerk of the courts. Pulaski Circuit Court and the office of the county commissioners are on the third floor, and county government meetings take place up there
The lawsuit also contends the elevator, which was allegedly installed in 2004, does not adequately meet the needs of people with disabilities. For instance, it does not have an automatic door and requires patrons who need it to open an extremely heavy door and slide a gate open, which must be closed for the elevator to move. It also notes the elevator is extremely small, which makes it difficult to push the buttons to reach the necessary floors.
If a person needs help with the elevator, they are to summon someone from the auditor’s office. According to a social security disability attorney, this is not practical for evening meetings of the council and commissioners.
Also the entrances to courthouse restrooms on the first floor are not wide enough for a person in a wheelchair to enter or exit, and the stalls designed to accommodate wheelchair-bound people are not large enough for them to successfully maneuver.
The lawsuit seeks, among other things, a permanent injunction requiring the county to ensure the Pulaski County Courthouse is fully accessible to persons with disabilities as required by federal law. If you have questions about disability and personal injury laws, you may consider consulting a personal injury lawyer.
Click Emily Hizer v Pulaski County to read a copy of the lawsuit.
