Council’s Role in Accessibility: A Call for Action

Concerns that customers of the Salty Dog were impeding sidewalks, including people using assistive devices, were raised at the October 15 council meeting.

Following the meeting, I emailed council members: some of your comments during the October 15 meeting are concerning: 

  • ‘it’s good for the residents,’ 
  • it’s in the best interest of the town,’
  • ‘it’s AODA compliant because there are no trip hazards’,
  • ‘I am sorry that some people are not getting out of the way when someone comes by with a cane or a walker or a wheelchair, but what difference would it make if there was two cars there instead of the patio?’
  • ‘It’s two parking spots, or maybe a little bit more, there’s definitely not a parking issue downtown.’ 

there are barriers at the Salty Dog patio and there are trip hazards so if barriers exclude people with disabilities then it’s not good for the residents and it’s not in the best interest of the town. i’ve asked council to create a patio policy to ensure all patios are AODA compliant and i still encourage you to create one.

also, as i’ve pointed out a few times, businesses with barriers may face human rights complaints. in fact, two downtown businesses are currently facing human rights complaints.

thank you Councillor Pouget for acknowledging the right of people with disabilities to equally participate in our community.

As usual, Councillor Pouget was the only one to respond; she thanked me for promoting all accessibility issues in our Town and said she’d do whatever she could to help.

November 4, I emailed a follow up to council and shared one resource: since you’ve not yet enacted a patio policy, like other municipalities, i still urge you to do so. there is an abundance of best practices in other municipalities, along with the AODA standards to address barriers that continue to exist. why are you not addressing them?

for example, at a minimum, the Ontario Traffic Council’s Restaurant Patio Guidelines within the Right of Way ‘was created for the benefit of those road authorities who have not developed their own guidelines and as a supplementary resource to those road authorities who have developed their guidelines but are seeking additional guidance on the topics outlined herein.’

‘The intention of applying these guidelines is to ensure that universal accessibility, public safety and the streetscape experience are enhanced and not negatively impacted by the introduction of a patio within the road authorities’ right-of-way.’

7.1 Accessible Routes

Accessible routes must be provided through the patio area, as follows:

1)  The pedestrian clearway requires 1.8 metres of space on most sidewalks, with wider sidewalks with higher pedestrian volumes requiring 2.5 metres.
2)  To ensure the patio area does not impose a change in the direction of the pedestrian clearway of more than 20 degrees, the patio operator should use a tape measure and something to mark measurement points (pylons, chalk marks, etc.) to verify that this requirement is being adhered to
3)  The patio operator must provide accessible access to the patio with a minimum width of 1.8 metres.
4)  Accessible access can be achieved through two methods, installation of a temporary platform or a temporary accessibility ramp. It is the patio operator’s responsibility to comply with the Accessibility for Ontarians with Disabilities Act (AODA) at all times.
5)  The patio operator:
i)  Must not place patio materials in the pedestrian clearway.
ii) Must ensure the patio’s perimeter fencing has a solid base that is detectable for someone using a white cane.
iii)  Must not use the pedestrian clearway to queue patrons awaiting their reservation or table.
iv)  Must not place A-frame signs or other obstacles in the pedestrian clearway.