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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 take 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 electric scooters has created the conditions for regular violations of the Americans with Disabilities Act. These violations mainly entail the blocking of sidewalks and access ramps. But the scooters also just create obstructions all over, requiring people to either go around or move the scooters.
Transit matters, but so do the ethical choices we make. Our default should be prioritizing the rights of our most vulnerable. I do not charge malice here, but it’s clear the city has unintentionally disregarded these rights by allowing this 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—for a violation of the ADA. And that discrimination occurs when the person becomes disabled, not when he or she is confronted with the obstacle. We don’t have to be blocked by the electric 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 city-county councilor 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 Indiana University Indianapolis do little to prevent the encumbrance of sidewalks and access ramps—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 scooter—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 scooter use and parking. Geofencing is currently in use at Lucas Oil Stadium and Purdue University. Should they choose, the city and IU Indianapolis could designate parking spaces using geofencing 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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Evans works in IT leadership for the state, is a master of jurisprudence candidate at the Indiana University McKinney School of Law and is a Mitch Daniels Leadership Foundation fellow.
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