DC sued by blind pedestrians who say they’re subject to ‘blindness tax’

D.C. is being sued for not doing enough to help blind pedestrians cross the street safely, according to a lawsuit filed on behalf of the D.C. Council of the Blind and five plaintiffs.

The federal suit claims the plaintiffs’ civil rights are being violated under the Americans with Disabilities Act, because blind residents and visitors are being harmed by the insufficient amount of Accessible Pedestrian Signals at the District’s 1,600 signalized intersections.

The Accessible Pedestrian Signals communicate traffic safety information through a variety of nonvisual formats, including a soft tone to indicate where a push button with a raised vibrotactile arrow is. A verbal command of “wait,” and rapid beeps when the green “Walk” light is illuminated provide guidance to cross the street safely.

Without these accessibility devices, which have been mass marketed since the 1970s, blind pedestrians in the District often “wait alone at intersections for several cycles until other pedestrians arrive, start crossing the street only to be pulled back or shouted at by others, or avoid pedestrian travel altogether by paying for transportation or staying home,” the lawsuit said.

Complicating matters is the District’s streetscape, with traffic circles and skewed intersections.

“The District programs its pedestrian signals to give all pedestrians less time to cross the street than required by national standards, exacerbating the dangers of crossing intersections for blind pedestrians who need more time to cross streets safely,” the suit stated.

While the District has passed laws banning drivers from turning right on red to promote pedestrian safety, the suit said D.C.’s action plans still leave most “signalized pedestrian signals inaccessible to blind pedestrians.”

The suit claims blind pedestrians who must spend extra time or money navigating the District without Accessible Pedestrian Signals are being subjected to a “blindness tax” to participate fully in daily activities.

The lead plaintiffs, Qudsiya Naqui, Kevin Andrews, Gerald Barnes, Ray Smith and Claire Stanley, are seeking class certification that could include up to approximately 14,000 people who are blind or have severe vision impairment in the District, according to Census Bureau estimate.

The plaintiffs are being represented by Disability Rights Advocates, Relman Colfax PLLC and The Washington Lawyers’ Committee.

D.C.’s Office of the Attorney General declined comment on the suit.

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Neal Augenstein

Neal Augenstein has been a general assignment reporter with WTOP since 1997. He says he looks forward to coming to work every day, even though that means waking up at 3:30 a.m.

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