New lawsuit challenges Rehoboth’s accessibility

A lawsuit has been filed against Rehoboth Beach claiming the civil rights of the plaintiffs have been violated because the city doesn’t provide them the accessible parking needed to have reasonable access to the shops and restaurants on Rehoboth Avenue. City commissioners have scheduled a special meeting for Monday, May 10, to conduct a strategy session on the issue.

In a case filed April 12 in U.S. District Court, plaintiffs Brigitte Hancharick, Ilse Payne and Robert Payne claim the city does not provide sufficient accessible public street parking on Rehoboth Avenue and the blocks abutting it, thereby harming the plaintiffs and other people with disabilities by denying and excluding them from a public service in violation of Title II of the Americans with Disabilities Act. Hancharick is 33 years old and lives with her parents. Her primary mode of transportation is a ramp-equipped van owned by her parents. The Paynes are a married couple – Ilse is 87, Robert is 89 – and they use a car as their primary form of transportation.

According to the lawsuit, filed by Richard H. Morse, an attorney for Wilmington-based Community Legal Aid Society, there are approximately 952 parking spaces on the perimeter of the 12 blocks abutting Rehoboth Avenue, between the Boardwalk and the lighthouse traffic circle. The lawsuit says the ADA requires 41 of those parking spaces to be at least 96 inches wide and identified by a sign 60 inches above the surface displaying the international symbol of handicap accessibility. However, says the suit, only 19 of the 952 parking spaces are so designated.

“The city has control over public street parking in the commercial areas in the city, including on and around Rehoboth Avenue. The ADA requires it to ensure that its programs, including public parking, are readily accessible to and usable by persons with disabilities,” said the lawsuit.

In an email May 5, City Solicitor Glenn Mandalas said it's unfortunate this action was filed, because the city has been actively working with the Community Legal Aid Society to surpass accessibility requirements in town. He said the city has to submit its response to the court by Wednesday, May 19.

The special commissioner meeting is slated to begin immediately following the conclusion of a commissioner workshop set to start at 9 a.m. A possible executive session has been noticed.