San Fransisco Chronicle – Saturday, May 5, 2007 via Overlawyered:
A Contra Costa County school district’s use of wood chips in play boxes makes it harder for boys and girls in wheelchairs to get to swings and slides, a violation of the disabled children’s rights, a federal judge has ruled.
The decision by U.S. District Judge Claudia Wilken of Oakland could lead to replacement of wood chips with firmer surfaces in public playgrounds at other schools and parks around the country, said a representative of the group that sued the Mount Diablo Unified School District in central Contra Costa.
“Our experts and people with disabilities tell us that wood chip surfaces are not accessible,” said Larry Paradis, executive director of Disability Rights Advocates. “They constantly form mounds and gullies … and they’re impossible to maintain. Little kids in wheelchairs are already struggling to get around, they have less muscular strength, and it’s important that play structures be easily accessible for them so they can be mainstreamed (with other children) as much as possible.”
In a recent court filing, district lawyer Gregory Widmer said there was “no evidence that any student with a mobility disability ever complained about the accessibility” of play boxes with wood chip surfaces. He also said rubberized mats are eight times as expensive as wood chips and would cost the district more than $2.7 million if installed in 32 play boxes.
so … you are all against handicapped kids being able to play on playgrounds? man, that’s just mean.
And the cost?
“Paradis said Friday that he would like the district to install rubberized play box matting, which he said costs more to put in than wood chips but less to maintain.”
a capital outlay that pays for itself over time. how oppressive!
I work for a Civil engineering company.
By law, 99% of trails in this country are out of compliance. This would include historic trails such as the Pacific crest and Appalachian.
In the last several days I have been reading of new trails costing about a million dollars a mile to construct. 10 years ago, that is what it cost to build a railroad or a road. The only reason I can think for this massive increase in cost is ADA.
This is totally absurd and has to stop. Not everything has to be for everyone. Cliffs aren’t accessible, nor are slides or swings.
Do we need to level Colorado because it isn’t fair?
I truly believe logic has left the educational system, the government and the courts.
Come to Canada where we have wheelchair access to everything.
Works out real well in the 40 below weather in the winter.
Spending at school boards by school board trustees who get elected on nothing more than the time they spent in office increasing school taxes, with decreased student enrollments but special needs each with their own aides and “consultants”.
Lots of fun in the US to come.
Believe it or not it all comes from the Kennedy’s slow daughter and these special interest groups demanding their share with the refrain “I pay taxes”.
However the equitable costs and the charges to other taxpayers never come into question.
#32. The ADA only requires “reasonable accomodations.” If there is no “reasonable” way to make these accomodations, then they don’t have to be made.
Once again, I know, too late to post, but:
Even Stephen Hawking got to get out of his wheel chair and go play. From National Geographic — Stephen Hawking weightless:
http://tinyurl.com/3824lm
Maybe the Judge could get this guy to help solve the problem.
http://tinyurl.com/242auc
ok….I just figured out how to do a tiny url….yes…i know…i’m not bright. 🙂
Here is the tiny url for the above…#36 comment.
http://tinyurl.com/242auc
heh..dont get me started..
this is completely ridiculous. no doubt somebody in the rubbermat business had lunch with a local politico that owed him a favour.. -they drew up plans on a napkin as to how to get the guy a city contract and voila!
the ADA is probably the worst thing that was ever created for the handicapped.its a friggin joke. it turned “disabilities” into a million dollar industry for both the government and private sector, -as well as a scam artist’s wet dream..
the mere fact that a heroin or cocaine addict can claim to be disabled and collect disability alone shows that what started as a good intention was quickly undermined and manipulated to benefit just about anybody with nary a scruple and the time to make a claim.
maybe if they got say, 500 signatures from “100% real physically handicapped kids” (-not “ADA approved” handicapped) that were *genuinely bummed* that they couldn’t go to some part of the playground that had woodchips.. then maybe they can make the case for the change.
-otherwise, these shallow, empty headed do-goody scammers should stay the “F” home and mind their own business.
I’ve been in a wheelchair since i was a kid (almost half my life–over 27 years) and in the grand scheme of things, overall life was a lot easier before the ADA..
-but i digress
-s
Comment by your-name-here wrote “I don’t imagine there are too many handicapped kids that will have any interest in going on those things.” Are you kidding me? Kids with disabilities want to do all the same things that every other kid does. You might want to watch this video about Tori Boyles, who has spina bifida, and uses a wheelchair, and goes on the playground every chance she gets. http://www.easterseals.com/site/PageServer?pagename=ntl_torimovie_homepage1
#38. “I’ve been in a wheelchair since i was a kid (almost half my life -over 27 years) and in the grand scheme of things, overall life was a lot easier before the ADA.”
yeah, those curb cuts just suck.
Wow! Once again everyone who reads this is reminded of how narrow minded people really are, especially when it’s not happening to you.
I give my full name because I’m not hiding behind this site.
I’m not going to give opinions like you all are, I’m only dealing with the facts.
My daughter is 10 years old, wheelchair bound. Sara is her name so when you continue to talk about kids like her you have a name!
All Sara would like is to be able to play with the other kids at her school, Patterson elementary in Fremont ca. Just play thats it. Its people like you all that make this harder then it has to be. Of course we are fully aware unlike you all that her life will be limited in many ares, we are not asking the world to change for her. What we are asking is that the same school district that will punish if a child does not attend be a district that provides everything that ALL its students need to be fully engaged, and yes that does and should include a totally accessible play structure, which are available.
Frankly I’m not sure that you all are even old enough to be paying taxes let alone bitch about how they are spent. Further more it would and trust me, be monies well spent by the time this is over.
Final thought young men and women of opinion….it is people like us who are the parents, or caregivers, or self that are paving the way for a better life for maybe your future disabled child that you can find yourselves having one day? You never know what you knock now could be your need later.