By law, after a snow storm sidewalks and curb cuts need to be cleared within a period of time. It’s generally not the job of cities or towns; the responsibility belongs to abutting residents and business owners.
But some storms make that rule nearly impossible to follow, between a need to clear roads and a drop in temperature. Last week was one of those storms.
Across two days there was snow, rain, some street flooding with catch basins clogged — and then it got really cold around western Massachusetts and everything froze, said Springfield Department of Public Works Director Christopher Cignoli.
His trucks were initially out for hours, Cignoli said, plowing roads.
Then he said, “people went out, they cleaned their sidewalk, they cleaned the end of their driveway,” and the storm continued.
When a solution to one problem is the cause of another
In Springfield and nearby cities, the snow became slush and another round of street plowing ensued by the DPW. Inevitably some of the street “slop” went right back over the walkways Cignoli said.
"I don't want to say we were ‘killing’ the homeowner there, but in a way we were," Cignoli said.
While residential and commercial property owners might throw salt or sand on the sidewalks, nothing would be "ADA passable for a while, that's for sure,” said Cignoli.
He hesitated to reference the Americans with Disabilities Act. When it comes to clearing snow, it’s not actually mentioned in municipal ordinances or by the state.
‘The three of us got stuck’
In Northampton, resident Jeremy Dubbs wouldn’t mind if people did consider shoveling wide, let alone making sure there’s a clear path.
Dubbs is a wheelchair user and when he tried to cross the street, a day after last week’s storm, none of the curb cuts were clear and he got stuck.
"First, there were two people that tried to help me out of the snow," said Dubbs who lives downtown.
"They weren’t able to get me out,” Dubbs said, "The three of us got stuck. A UPS driver stopped his truck, and then another driver stopped their car."
Outside on Hampden Street on a sunny, cold afternoon, Dubbs pointed out some of the crosswalks and curb cuts near his apartment. On that day he still wouldn't be able to get his wheelchair through most of them without assistance.
But Dubbs, a Northampton City Councilor with a network of friends and his wife who drives, isn’t worried too much about himself, he said
“But I do worry about other people [who are disabled],” Dubbs said. “They don't know what to do when these storms happen. They don't know who to reach out to. They feel like there's no one looking out for them.”
Dubbs has been disabled since birth. He got involved in Northampton politics because it was important to have a visibly disabled person on the city council, he said.
“I feel it gives me the ability to be a voice for people in this town that didn't necessarily have a voice before on the council,” he said.
A ‘flawed’ snow ordinance
The Northampton City Council has an Ordinance Review Committee and Dubbs, who said he was asked to join the group, knows exactly what he will be reviewing.
"The snow ordinance in Northampton, in my opinion, is flawed,” Dubbs said. “I'm glad that we have it, because at least there's something, but it's not enforced.”
Maybe not enforced pro-actively, but the city does respond to complaints, said a spokesperson for the Northampton Police.
If the snow isn’t cleared, there could be a $50 fine, and then the Department of Public Works would do the clearing, and a fee for that would be charged to whoever was responsible.
Dubbs said some people don’t even know it’s their responsibility or when they do shovel to consider the needs of people who are using canes or wheelchairs.
One effort to promote awareness is an upcoming public service video Dubbs and others are working on, similar to a video produced by Easthampton's Commission on Disability.
Dubbs said he’s not faulting city officials or the DPW for any of this wintry mess, but there’s got to be a better way.
