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Like many disabled veterans, my damage is not visible. My world is defined by pain and mobility limits, the result of injuries I received during my service in Afghanistan.
I’m forced to limit walking, endure painful injections, and pills, increasing my risk of organ damage, or addiction. The pain causes me to stumble, limp, or occasionally use a cane. This will only increase as I age. I know I am not the only disabled veteran in this position.
As Indianapolis moves further into our cultural and institutional renaissance, it’s important that we protect the most vulnerable among us, assuring that all residents have equal access to opportunity.
Unfortunately, the city’s largely unregulated licensing of Lime and Bird e-scooters has created the conditions for regular violations of the Americans with Disabilities Act, or ADA.
These violations mainly entail the actual blocking of sidewalks and access ramps, but also create an extra burden to “just go around or move” obstructions, along with the humiliation of having to even make these choices.
Transit matters, but so do the ethical choices we make. Our default should be prioritizing the rights of our most vulnerable. I do not claim malice here, but it’s clear that the city has unintentionally disregarded these rights by allowing the situation to persist.
No legislator who represents Indianapolis is unaware of this problem. Working at the Indiana Government Center, or attending events such as the Festival of Lanterns, I’ve seen many of them evangelizing diversity and transit options, only to walk past our encumbered sidewalks, or IndyGo station ramps.
This point is more glaring since the city recently passed the Vision Zero plan, showing how responsive lawmakers are to the concerns of cyclists. Yet there has been zero advocacy for the disabled or the elderly who experience daily discrimination. It seems that many have passively decided that rights, safety, and dignity for the disabled, and elderly, are secondary concerns to solving the “last-mile” in transit.
Courts have repeatedly found that there does not have to be actual harm committed. The existence of the obstruction is enough, and that discrimination occurs when the person becomes disabled, not when they are confronted with the obstacle. We don’t have to be blocked by the e-scooter, we only need to know the obstruction exists.
The Mayor’s Action Committee has no tool to address this. Neighborhood advocates refuse to return calls. My councilman states that the disabled should take on the burden of reporting versus the council proactively ensuring equal access.
This issue extends beyond the city. Institutions such as IU Indy do little to prevent the encumbrance of sidewalks and access ramps, while placing the burden on the victim. Imagine yourself as an elderly or disabled student using a cane, rushing to finals in the winter and being required to record the location and number of the e-scooter, and then being forced to go around it in the ice, as I have had to. Now imagine if you are in a wheelchair.
The solution is geofencing that restricts the areas of use and parking. Geofencing is currently in use at Lucas Oil Stadium and Purdue University. Should they choose, the city and IU Indy could designate parking spaces using geo-fencing technology. By designating parking spaces, riders are charged if they park in an unapproved location, ultimately having their usage rights suspended for repeated violations.
Indy’s development is amazing to watch. But what we do signals who we are; thus our civic and business leaders must ensure that all of us, regardless of age or ability, can share in this moment by prioritizing equal access.•
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Robert Evans III works in IT leadership for the state of Indiana, is a student at the Indiana Universiy McKinney School of Law and Mitch Daniels Leadership Fellow. Opinions are those of the author.
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