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Pekin's 'scary' sidewalks face scrutiny in class action lawsuit; city disputes claims

Journal Star - 5/17/2021

May 17—PEORIA — More than 600 current and former Pekin residents could be part of a class action suit which alleges the city's sidewalk system doesn't comply with the national Americans with Disabilities Act.

"If you want to drive down the street of Pekin, you can do that. But if you are in a wheelchair, and you want to go down the sidewalks in Pekin, then you can't because of all the obstacles. We have laws giving people with disabilities their rights, and they are being denied (of those rights) in this case," said Carl Reardon, an East Peoria attorney who is on a team of attorneys representing people with mobility disorders.

Residents from Dec. 11, 2016, to Dec. 11, 2018, are eligible to participate, according to an April 19 order handed down by Senior U.S. District Judge Joe B. McDade, who presides at Peoria's federal courthouse.

The suit, filed in 2018, alleges close to 90% of Pekin's sidewalks are in need of repair or inaccessible to those with mobility issues. This is due in part, the suit alleges, to absence of curb ramps or compliant curb ramps; the presence of cracks and broken sidewalks and crosswalks; and the presence of light poles, mailbox posts, and large planters permanently embedded in sidewalks.

Reardon said as many as 600 people could be eligible to participate. The two-year window is limited by federal statutes regarding how far back a lawsuit can reach to claim damages, said Andrés J. Gallegos, a Chicago-based attorney.

If the suit is successful, it could cost the city millions to make sidewalks and curb cuts in the city accessible to people with disabilities, as required by the 30-year-old ADA.

"Generally, the city does not comment on pending litigation," said Pekin city manager Mark Rothert. "However, the city has consistently made annual improvements to sidewalks throughout the community in recent years and has successfully pursued grant funding for additional investment.

"As for the current fiscal year, the city has planned over $500,000 in sidewalk improvements that will also enhance accessibility for residents. Any claim that the city has done nothing or made no investments to address ADA issues is inaccurate."

Gallegos said the issues regarding the sidewalks aren't a surprise for the city.

"It's not a matter of not knowing what is required. It's deliberant indifference or knowing what is required but ignoring that," he said. "We based that on the fact that the city has an ADA advisory committee which provides input to the city. There are members of the community with disabilities that serve as an advisory board to the council."

For years, people have complained and nothing has changed. That, the attorney said, shows the city is indifferent.

Gallegos said "Pekin isn't unique."

"Municipalities throughout the country are in similar situations with the city of Pekin," he said. "What drew us to Pekin was that a significant number of residents with mobility disabilities had tried on their own to get the city to address the issues they are confronting with the sidewalks and being ignored."

Gallegos said the city has tried, noting some improvements have been done, but they didn't comply with the applicable standard.

"Unfortunately, that has continued during the lawsuit," he said. "They need to do it right. That's what the lawsuit is about, compelling them to do it correctly."

Robert Chriswell, one of the original plaintiffs, walks with a cane, and he says many of the sidewalks he takes in downtown Pekin are buckled and have pavement raised up.

"They need to cut out the tree roots and level the sidewalks for people," he said. "People who are walking with canes, walkers or who are in a wheelchair, they can't get through."

Gallegos said the suit also seeks to discover what happened to federal money attorneys say was earmarked for ADA improvements to the city's rights of way, which include sidewalks. The suit seeks not just to have the city fix the sidewalks and curb cuts, but also possibly provide damages for people who might have been harmed or injured by the city's alleged indifference.

And, the Chicago-based attorney said, more lawsuits could be coming. He said he has heard from people in other cities, including Peoria, about mobility issues. He declined to comment further regarding possible suits.

"We are aware of what is happening in Peoria, and we have been contacted by potential clients," he said.

Pekin resident Pat Berardi says it's "scary" to try to traverse the sidewalks with a walker or a cane. She's nervous just getting about and said it has affected where she goes.

"My granddaughter went around town, and we were taking pictures of sidewalks," she said. "I ended up letting my granddaughter walk and find the cracks and the roots under the sidewalk. I couldn't walk a straight length and feel comfortable. It's scary."

To her, it's not asking a lot to have the city fix the sidewalks.

"We just want something where we feel safe when we are in Pekin," she said.

Andy Kravetz can be reached at 686-3283 or akravetz@pjstar.com. Follow him on Twitter @andykravetz

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