Bearden Park in Third Ward, Uptown Charlotte

[CarolinaCrown]

There goes my business proposition of buying slurpee's @ the gateway location, and bringing them up to the park to sell at twice the price.

[Matthew.Brendan]

Maybe I'll actually be able to buy a coffee after 5:00pm now.

[tozmervo]

More importantly, a Snickers.

[CLTNative]

<cough> Symphony coming back late September </cough> Official info to come.

[km1789]

<cough> Symphony coming back late September </cough> Official info to come.

tis true, the 26th

[grodney]

Bearden Birthday Party this weekend.  LOTS of tents being put up right now.

 

[CLTProductions]

File this under: I hate people.

 

I know its beyond common, but how freaking hard is it to pick up after your dog

 

http://www.charlotteobserver.com/2015/01/14/5447403/watch-where-you-step-in-romare.html#.VLf25XuLUvI

[HopHead]

File this under: I hate people.

 

I know its beyond common, but how freaking hard is it to pick up after your dog

 

http://www.charlotteobserver.com/2015/01/14/5447403/watch-where-you-step-in-romare.html#.VLf25XuLUvI

 

As a dog owner this drives me insane... People that don't pick up after their dogs in a public place, especially a highly visible park like Bearden, are just horrible human beings. Let along horrible pet owners. 

[dcharlotte]

File this under: I hate people.

 

I know its beyond common, but how freaking hard is it to pick up after your dog

 

http://www.charlotteobserver.com/2015/01/14/5447403/watch-where-you-step-in-romare.html#.VLf25XuLUvI

 

A few tickets and the problem is solved. 

[MilZ]

http://www.charlotteobserver.com/2015/01/15/5450168/benches-block-entrances-to-romare.html#.VLhPHX-9KSM

The drama doesn't end at dog poo...

[southslider]

^Just call them sculptural stairs

[nonillogical]

http://www.charlotteobserver.com/2015/01/15/5450168/benches-block-entrances-to-romare.html#.VLhPHX-9KSM

The drama doesn't end at dog poo...

I facepalmed so hard reading that story. What is it with this city and dumb "solutions" involving benches? haha

[navigator319]

^ This is seriously the dumbest thing and by far the worst overreaction to a non-issue I think I have ever come across in my life.  Someone above mentioned belonging to a society in relation to the dog crap well I have no interest in belonging to a society where this is a reaction. 

 

Now that I know why these are like that my BAGGED dog crap may begin to find a new home on these benches instead of in the trash can where I have always picked up after my pouch daily!

[dubone]

Those stairs were an odd choice.   I have multiple times tried to get through on a bike only to realize I have to go 3/4 of the way to Mint to avoid the steps.

 

It seems like a missed opportunity considering one of the major routes of pedestrian flow is diagonally from Mint & 3rd to MLK & Church because coming from Gateway or 4th Ward toward Southend, that is the main direction.   I now SKIP the park on my bike because of those steps.

 

 

It is awkward that our regulations prefer to remove access to the abled majority when it is just a minor bypass for wheelchairs which is still possible.  So while I wish they had just ramped it for bikes and wheelchairs, I don't get why blocking it makes sense other than just signs for the handicap route.

 

 

 

As for the dog poop, it does happen a lot, but it is far better to just ticket and provide for pickup baggies nearby.   I often forget a bag (or get surprised by a multi-poo) so if there is not something readily accessible, then it becomes a challenge.   Granted, because I once lived in a place where it was not common to pick up or even curb dogs, I definitely do my part and clean up.  

 

I wouldn't be surprised if these people are new to urban life and are used to the suburbs where they can leave it because no one will walk on that grass again until it has rained a dozen times.  

 

In 4th Ward, which has had longer to adapt, they have ParkWatch handing out tickets and have baggy dispensers in 3-4 places that are paid for by Friends of Fourth Ward.  I'm sure 3rd Ward has a similar program or else the city could easily add that.

 

It'll work itself out, and maybe too if anyone has done it and has read the article they may themselves change.  Sometimes people don't stop a bad behavior until they realize they are contributing to a larger problem.  But it takes some effort to give them the new perspective.  (Such as everyone complaining about sitting in traffic IS the traffic they are complaining about). 

[archiham04]

Blocking the pathways is the solution because the issue is about discrimination.  The disabled are discriminated against if they do not have a direct route, and the abled do.  If neither have a direct route, no-one has been discriminated.

 

from http://www.ada.gov/cguide.htm

ADA Title III: Public Accommodations

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

[grodney]

Title III doesn't cover parks, does it?  Edit:  Just going by the definition within Title III itself: "Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs."

Edited January 16, 2015 by grodney

[pgsinger]

Blocking the pathways is the solution because the issue is about discrimination.  The disabled are discriminated against if they do not have a direct route, and the abled do.  If neither have a direct route, no-one has been discriminated.

 

from http://www.ada.gov/cguide.htm

ADA Title III: Public Accommodations

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

 

Wile this is a description of Title III, Title III does not apply to "Public Entities."  This section is expressly NOT applicable to local government.

 

Title III doesn't cover parks, does it?  Edit:  Just going by the definition within Title III itself: "Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs."

 

Exactly!

 

Here is a link to Title II:  http://www.ada.gov/taman2.html

 

 

I have just looked through it briefly, but it looks like the answer is the city has to provide access, but not equal access.  This should mean the benches can come down, but again, my review was cursory at best.

[grodney]

This whole thing is odd.  I just went down there.  From the bench-icades, it's 50 paces (approx 150 feet) toward Mint to get to the "spine" and then 50 paces back to get to the mister/chimes area.  I don't know anything about the applicable laws.  Access is obviously provided from that spot, though it's not "equal" in a strict sense.

 

BUT, they only blocked off the two stairways leading directly to MLKJrBlvd.  So from the bench-icades, an able-bodied person need only walk the 20-25 paces toward Church, and then back to the mister/chimes area via the non-blocked stairs (shown pretty clearly in the photo below) -- thus showing that access is NOT equal, despite the new benches.

 

And as you can see below, able-bodied people are detouring through the grass, destroying it.  The "easiest" fix would be to concrete that new foot-path -- but of course I assume it would be subject to all sorts of width and slope requirements, thus not making it "easy".

 

 

Edited January 16, 2015 by grodney

[Spartan]

Title II applies to public agencies. Equal access is ideal, but in most cases signage indicating the alternate route would be sufficient. My guess is that the nuance here is related to the fact that this is a new park and shouldn't have been designed that way to start with. I agree that the stairs are inconvenient, but blocking the stairs is a ridiculous solution.

[dubone]

There is clearly enough space in that walled area to just make it a slope.  The slope of the dirt path looks fine enough for a ramp.  So just take out the bricks and step, pour a sloped ramp and put the bricks back.  Or even a concrete slope is better than a flipping dirt path.  

 

Surely this is just a stop gap until they can find a permanent solution. 

[archiham04]

^definitely a temporary solution...  A ramp can be 8% max... that means that every inch of rise (stairs are usually 7" high) must have one foot of run....  assuming there are three stairs?  Then 21 feet of ramp.

[kateinuptown]

I completely don't get this. Someone took the law way too seriously. I doubt the differently-abled were asking for these entrances to be taken away (if I can't get in, you can't either!) but rather just pointing out that they'd like access here, as well.

[tozmervo]

I seriously would not underestimate ADA lawyers. I suspect it was a temporary solution to limit the County's liability until they figure out their exposure. People may laugh, but there could be hundreds of thousands of (tax-payer) dollars at stake.

[Miesian Corners]

And how, exactly, would LandDesign not be aware of the nuances of the ADA?  Isn't it their business to know these things?

[tozmervo]

Yes, and I do give them benefit of the doubt. I still think this could all be a legal false alarm, but it could be that it was simply missed. Dunno. Either way, if they're off by even an inch, the county would be liable. At least in North Carolina, they only have to pay to fix it.