Legal Question in Disability Law in Illinois
My mother lives in a "55 and older" community - she is 83+. Very independent, lives alone, cooks for self; does not drive; uses Senior bus for transportation. She has a motorized chair but cannot get to the walking/riding path from her home as the curb at the end of the driveway is not "cut out" and she fears she will tip the chair on the curb. She was told that because it is a "55 and older, active community" that they will not or she must pay to have the curb cut. They are in effect, from our point of view, saying that if you are in a device, such as a motorized chair, you are not or cannot be an active adult. We say, there are many "active" adults in the world that work, use public transportation, motorized chairs etc. What do you think can/should be done. Summer is almost over and she's not been able to enjoy her own community and the walking path.
2 Answers from Attorneys
Depends on who owns where the curb is located. If this is only at her driveway, I cannot see how she can require someone else to pay for her accommodation.
The first inquiry would be to find out who legally "owns" the sidewalk. Who pays to maintain it? The ADA would require (if your mom does not own it or is not responsbile for its maintenance) that it be disbaled-friendly and in compliance with accessibility laws.
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