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The Honolulu Advertiser
Posted on: Monday, December 1, 2003

Suit filed over sidewalk access on Big Island

By Kevin Dayton
Advertiser Big Island Bureau

Hawai'i County lawyers are suing a contractor and an engineering firm after public sidewalks were installed in Waimea that don't meet federal requirements on access for people with disabilities.

Joseph Kamelamela, deputy corporation counsel, said it could cost more than $100,000 to fix the faulty sidewalks, which were put in as part of a $5 million project to improve Mamalahoa Highway in 1999.

John Hartman, a 77-year-old wheelchair user who lives in Kailua, Kona, pointed out the sidewalk flaws to county and federal officials.

"The whole problem with all of these things is the county and the state do not inspect after the job is done, and then they get into a bind after someone complains," said Hartman, who said he is an advocate for the disabled.

"I know it's going to be expensive, there's no question about that, but why should we be paying for things that are not done right?"

The problems are technical, but important, said Hartman, who has filed more than 100 lawsuits against businesses and government for failing to comply with disabilities requirements.

The side-to-side slope in the sidewalk designed to drain off water is too steep, which can be a problem for people such as Hartman, who suffers from post-polio syndrome.

Hartman said he has a weak arm, and the cross-slope can cause him to veer off to the side when using the sidewalk.

Other problems included slopes on the curb cuts that were too steep, and electrical fixtures that were sunken into the sidewalk instead of being even with the sidewalk as they were supposed to be.

The project was partly financed with federal highway money, and in 2001 Hartman complained to the federal Highways Administration in Washington, D.C. He invited federal officials to Hawai'i "to see for yourself how our county discriminated against persons with disabilities."

In his letter to federal officials, Hartman said a private contractor working on another job nearby managed to install nearly a half-mile of sidewalks and curb ramps that comply with all federal disability requirements.

Kamelamela said the county sued contractor Goodfellow Bros. Inc. and Engineers Surveyors Hawai'i Inc., the construction manager for the project, "to make sure that something gets done."

According to the lawsuit, the county twice reminded Engineers Surveyors in writing to be sure the sidewalks and curb ramps met the federal disabilities requirements.

But after Hartman's complaint in 2001, the county checked the sidewalks and discovered "numerous" violations, according to the suit.

County officials have been working with Engineers Surveyors since then to try to resolve the problems, Kamelamela said.

"They never said they wouldn't, but it's been kind of a long time," and nothing tangible has been done yet to fix the sidewalks, he said.

David Louie, lawyer for Goodfellow, would not comment on the lawsuit, saying the company had just received it.

Engineers Surveyors referred questions to a company executive who was unavailable for comment.

Reach Kevin Dayton at (808) 935-3916 or kdayton@honoluluadvertiser.com.