Sunday, August 10, 2008

Allow Steinheimer's golf cart on sidewalk

By TOM CUSHMAN

Over the past weeks there has been considerable comment on Morris Steinheimer's challenge to the constitutionality of a Florida law. That law prohibits the driving of any type of vehicle that is not powered by "human power" on a sidewalk. I, and attorneys Kara Mort and Anne Marie Gennusa represent Steinheimer, and have challenged the application of this law to an individual in his situation. We feel that the law conflicts with the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, and Article 2 of the Florida Constitution.

The two federal laws require that public resources, such as sidewalks, must be available to all citizens, and the laws are specifically designed to open up public facilities to individuals with disabilities.

Steinheimer is a qualified individual under these laws. He does not have a driver's license, and has been denied a license. In addition, he does not feel that he can safely drive a car on the streets.

He does feel competent to drive his golf cart/mobility device at slow speeds, and has in the past driven his cart along the sidewalks next to State Road A1A. However, driving a car at such slow speeds on the highway would be a danger. He lives in Treasure Beach, and his home is five or six miles from grocery stores and church.

Travel that far in a manual wheelchair is unrealistic. Electric wheelchairs and scooters are prohibited by the same law that prohibits Steinheimer's golf cart/mobility device. The law is unconstitutional because it denies Steinheimer and his partner, Mandy Fugate, their rights to live as normal a life as possible. This not only violates the constitutional rights of such individuals, it makes no sense whatsoever.

Ironically, so far, the state of Florida, Department of Vocational Rehabilitation, has purchased two such vehicles for Steinheimer. One was stolen, the other was driven until it was worn out. What purpose did the state have in mind for the vehicles, if Steinheimer is prohibited from driving on the sidewalks? Does anyone believe it will be safer for him to drive on the highway in a vehicle that cannot exceed 20 mph?

He is not asking for permission to drive unsafely. He has only requested what the ADA calls a "reasonable accommodation" to be allowed to drive his mobility device on the sidewalk. By issuing the citation the city of St. Augustine Beach has denied him and his partner such an accommodation. So they challenged the application of the law because it deprives them of the use of the sidewalk.

The inability to use the sidewalks essentially makes Steinheimer and Fugate prisoners in their own home.

There is very limited bus service, and it is never available closer than mile from their door. How are they to get where they need to go? They are not wealthy people. Cab fares are out of their financial reach. The only available solution at this point is to drive the golf cart/mobility device on the shoulder of the road. That is a potential traffic hazard, and threat to the public safety.

Steinheimer's next step must be an appeal of the denial of their challenge in the county court.

Steinheimer has only asked that he and Fugate be given equal access to public facilities.

I suggest that is the law. It's been the law, at least since 1990 when the ADA was passed.

It's time it was recognized and enforced.

Tom Cushman is a longtime St. Augustine resident and defense attorney.

http://staugustine.com/stories/081008/opinions_081008_034.shtml