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SETTLEMENT MANDATES ACCESS TO STATE TRAILS FOR NEW YORKERS WITH DISABILITIES

Three-Year Plan Looks to Improve Accessibility at Targeted Sites

ALBANY, NY - June 5, 2001

U.S. District Court Judge Lawrence Kahn signed a settlement agreement today that changes policy and improves access to state trails for people with disabilities.

Disability rights advocates Ted Galusha, Teena Willard, and William Searles sued the NYS Department of Environmental Conservation, Governor Pataki, and the Adirondack Park Agency under the Federal Americans with Disabilities Act (ADA). The agreement will allow motorized access at selected locations, especially where man-made barriers were erected by the State to control admission and use. Overall, it provides motorized access to over 156 miles of roads and 30 miles of trails throughout New York State.

"I am now confident that the state will give the disability community due consideration when they acquire and classify our lands and forests and that the preservation organizations, who are so adamantly opposed to our motorized access, realize that we love these resources as much as they do!" said Ted Galusha.

Access to the disabled will be improved at approximately 150 sites over the next three years at a projected cost of $4.7 million dollars. Examples include construction and/or modifications of boat launches, campsites, parking areas, mounting platforms, and fishing piers.

Galusha adds, "I hope that people who have physical disabilities take advantage of the opportunities provided by this settlement. I am also optimistic that this settlement will foster a better understanding and working relationship between all the parties involved - the disability community, veterans, sportsmen and women, property rights groups, the State and the preservationists."

Neil Woodworth, Counsel for the Adirondack Mountain Club, said "We are pleased with the improvements to campgrounds, boat launches, fishing access sites and non-motorized recreational opportunities along with the expenditure of funding to enable persons with disabilities to enjoy the Forest Preserve." Bernard Melewski of the Adirondack Council agreed, "The unanticipated benefit of this case is the access opportunities and substantial financial commitment by the State."

In addition, DEC must hire an independent consultant with appropriate expertise to ensure that their programs are accessible, as well as train all DEC and APA personnel, licensed guides, and other service vendors in the Forest Preserve on the subject matter. The New York State Independent Living Council, Inc. (NYSILC) will receive $20,000 per year to monitor the progress of this settlement agreement. Each site improvement will be reviewed and approved to document compliance with the plan. Brad Williams, Executive Director of NYSILC commented, "We look forward to fulfilling our role under the consent decree. Credit should be given to Ted Galusha for having the wherewithal to see this process through to the end. Many people fail to realize the power that an individual citizen has in our country."

Details about the consent decree will be made available soon on the NYSILC website, www.nysilc.org. For more information, contact Ted Galusha at (518) 623-4519.

 

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