Chicago Class Action Alleges Scarcity Of Accessible Crosswalk Signals

The city of Chicago has been hit with a class action lawsuit by the American Council of the Blind of Metropolitan Chicago as well as three visually impaired residents who claim that the city does not equip street intersections with accessible pedestrian signals (APSs).

The plaintiffs allege that APSs emit information, such as “Walk” or “Don’t Walk,” by making sounds and utilizing a vibrating tactile button. 

According to the Chicago class action lawsuit, blind pedestrians listen to sounds generated by the APS so that they get the same information from the traffic signals as sighted pedestrians.

“Yet Chicago regularly installs and upgrades pedestrian traffic signals without including an APS device, thereby denying blind pedestrians access to information that is provided to sighted pedestrians to promote their safety,” the City of Chicago class action lawsuit alleges.

The plaintiffs claim that very few of Chicago’s intersections have signals that can be used by blind pedestrians. In fact, only 11 out of 2,672 signalized traffic intersections offer APS that will convey any information at all to vision impaired individuals.

“Such systemic failure dangerously diminishes blind pedestrians’ ability to navigate street crossings safely and independently,” the Chicago crosswalk class action states.

The plaintiffs claim that they have to resort to “workarounds” when they come to an intersection whose signals are not equipped with APS devices. Some of these “workarounds” include asking for assistance from strangers and following sighted pedestrians, who may actually cross against lights.

“In a worst case scenario, a blind pedestrian risks being hit by a car because they are forced to cross the street without knowing whether it is safe for them to do so,” the crosswalk class action states.

The plaintiffs claim that crossing the street can be so hard that some blind pedestrians avoid risky intersections and using longer routes or by using paratransit.

In addition, the plaintiffs state that a high level of background noise, from construction or passing subway cars on elevated tracks, make the crossing streets more challenging for blind pedestrians who can only rely on their ears to let them know when to cross the street.

“Collectively, these obstacles severely compromise blind pedestrians’ ability to move about the City like their sighted counterparts do: Safely, independently, expeditiously, and without fear,” the Chicago class action lawsuit states.

An article from CBS states that the city of Chicago announced plans in July to install 50 accessible signals in the next two years. In addition, the article reports that one of the 11 accessible traffic signals is not working at the moment.

Another article from WTTW states that one of the plaintiffs works downtown and was almost hit by a bus while attempting to cross two streets. Another of the plaintiffs claims that she was hit by a car when she inadvertently crossed against the light.

“Because Defendants have imposed on these individuals unnecessary risks to their safety and independence each time they navigate signalized intersections without APS devices, swift and comprehensive injunctive relief is warranted,” the Chicago class action lawsuit states.

The plaintiffs have sued under Title II of the Americans with Disabilities Act and section 504 of the Rehabilitation Act of 1973.

Are you visually impaired and utilize APS assistance to cross the street? Leave a message in the comments section below.

The plaintiffs are represented by Jelena Kolic, Christina Brandt-Young, and Michelle Caiola of Disability Rights Advocates and Nigel F. Telman, Edward C. Young, and Ren Morris of Proskauer Rose LLP.

The Chicago Visually Impaired Traffic Crossing Class Action Lawsuit is American Council of the Blind of Metropolitan Chicago, et al. v. City of Chicago, et al., Case No. 1:19-cv-06322, in U.S. District Court for the Northern District of Illinois.

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