Athens City Commission on Disabilities Chair Davey McNelly said the city is failing to meet federal accessibility requirements, an allegation city officials dispute.
“The city of Athens is currently egregiously out of compliance with the Americans with Disabilities Act,” McNelly said in an email.
However, his statement contradicts that of Athens Law Director Lisa Eliason.
“To the best of my knowledge, the City is in compliance with the Americans with Disabilities Act,” Eliason said in an email.
The ADA, signed into law in 1990, prohibits discrimination against people with disabilities and requires local governments to ensure accessible facilities, programs and public spaces.
Athens established its Commission on Disabilities through Athens City Code 3.07,70. The commission, appointed by the mayor with approval from the Athens City Council, reviews city policies, consults with officials and residents and makes accessibility recommendations.
According to the commission’s mission statement, the group also acts as a liaison between the community and the city and responds to accessibility concerns.
McNelly, who has spinal muscular atrophy and uses a power wheelchair, said accessibility problems uptown remain severe.
“People with mobility disabilities in particular do not go uptown because it is not safe for them,” McNelly said in an email. “People have fallen out of their wheelchairs, gotten stuck and gotten injured. The reason why we focus on uptown so much is because this is where our city buildings and county buildings are. It is important to make this accessible.”
The commission’s Walk, Talk and Roll event showcases those challenges. During the event’s Court Street Challenge, participants use a manual wheelchair to cross East State Street and Court Street. Out of the 40 people who attempted the challenge, not a single one was able to cross the street within the allotted time.
“People are not able to cross the street due to various issues, including the bricks being out of alignment, the curb cuts not being to code and potholes being in the crosswalk,” McNelly said in an email. “We have gone before the City Council and talked to the mayor numerous times to ask that the major improvements needed for Uptown be accomplished.”
A project was in the works to replace the bricks at the intersection of Court Street and Union Street with concrete, but the project has not yet been finished.
According to a previous report by The Post, Deputy Service-Safety Director Andrew Chiki said completion of the pavement was set in late summer or early fall 2024.
McNelly said uneven attention across the city contributes to the problem. Although he described parts of East State Street as “in compliance,” he said the city’s core areas remain inaccessible.
The city is currently developing an ADA transition plan. McNelly said the mayor previously indicated the plan would be completed this year, but after meeting with consultants, he does not believe that will happen on schedule.
“What we do hope for is a good plan which includes ways to fund the needed and necessary improvements,” McNelly said via email.
McNelly also raised concerns about how city commissions can communicate on official platforms. During the Oct. 29 Student Senate meeting, McNelly said the city removed the disability commission’s ability to leave comments on Athens’ official Facebook posts.
“The city decided that all social media accounts will be controlled by the city instead of people on the commissions,” McNelly said in an email. “This may have had to do with a post one of our Commission members made about a curb cut that was redone on court in Washington, which was left inaccessible for over two weeks.”
McNelly added the commission is seeking new members and larger community involvement. He encouraged residents and students interested in accessibility work to join the commission or its committees.
