Roundabout Battle Heads to Court

The Oakland Press

By Jerry Wolffe, Journal Register News Service
Tuesday, August 14, 2007

A federal lawsuit was expected to be filed today against the Road Commission for Oakland County contending roundabouts are dangerous and discriminate against the disabled, bike riders and others who need to cross the intersection.

"They're illegal because they discriminate against people who are blind, have low vision or use wheelchairs," said attorney Richard Bernstein of Farmington Hills.

He said U.S. Department of Transportation studies show "levels of injuries toward the disabled are extensive" in roundabouts, which are quickly replacing traditional intersections with traffic lights controlling traffic.

"If you're dealing with a roundabout, it's dangerous because they are designed to have a continual flow of traffic," Bernstein said.

However, Craig Bryson, the public information officer for the road commission, said a brochure from the Federal Highway Administration, "Your Community Deserves a Lot Less," says roundabouts generate fewer crashes and fatalities than traditional stoplight intersections.

The cost of a roundabout ranges from $1 million to $5 million, he said. There are four in operation in Oakland County and four more are to be opened by the end of the year.

"I never would attempt to cross one of them," said Jason Turkish, 20, of Huntington Woods, who is legally blind and one of the plaintiffs.

Turkish said "with a continuous flow of traffic, it's difficult for a person without a disability to safely get across a roundabout."

All of the techniques taught to people who are blind or have low vision to cross streets "are effectively worthless" at roundabouts, he said.

The case is being filed just weeks before one of the roundabouts at Maple and Drake roads in West Bloomfield is opened because "it will present an immediate danger," Bernstein said.

Bryson said the roundabout at Maple and Drake is scheduled to open the second week of September. He added that "motorists are required to yield to pedestrians at crosswalks in Oakland County."

Roundabouts are ringed by pedestrian crosswalks.

"For the disabled, the danger of crossing a roundabout is so great that it's impossible to do," Bernstein said. "This case represents a compelling national interest.

"The reason is that even though we're challenging this in Oakland County, the outcome of this litigation is going to determine the traffic flow of these roundabouts throughout the country," Bernstein said.

The federal courts have to put together the "necessary and appropriate guidelines" for road commissions throughout the nation so the roundabouts are safe and can be used by everyone, he added.

Roundabouts can be difficult to cross for pedestrians such as Orthodox Jews who attend the Congregation B'nai Moshe and do not drive on the Sabbath. The congregation is just south of the intersection of West Maple and Drake roads where a roundabout is being built.

"We're concerned about the safety issue even for those who use a car in a roundabout" not only pedestrians, said a member of Congregation B'nai Moshe in West Bloomfield. "There's no instructions on how to use them," said the woman who asked to not be named. "You just have to try and cross it."

Possible solutions could be a tunnel under a roundabout, a bridge over it or a traffic light, said Bernstein, who is blind.

It will be up to the road commission to determine a remedy if a judge rules roundabouts discriminate against disabled people under the Americans with Disabilities Act.

Michael Harris, executive director of the Michigan Paralyzed Veterans of America in Novi, is a plaintiff in the case, as is Garret Gerson, a blind 18-year-old from Oak Park.

Harris, a former Marine and a wheelchair user, said he hopes one result of the lawsuit is to get discussion going about how all pedestrians will be able to safely cross a roundabout.

"Am I supposed to roll my chair out in the street at a roundabout and hope a driver stops?" Harris said.

A traffic light helps communicate to the driver of a vehicle to stop, he said. With roundabouts, he said there is no such communication with drivers, leaving pedestrians in potentially dangerous situations.

"The goal of a roundabout is the constant flow of traffic, but that's not conducive to pedestrians who want to cross the street in a safe manner," Harris said.

Harris said a stoplight that could be activated by a pedestrian pushing a button might be one solution. Bryson said "that's a possibility" but feared all pedestrians -- not just blind ones or wheelchair users -- would use the stoplight, defeating the continual flow of traffic.

Gerson said there's got to be better and safer ways to control the flow of traffic than roundabouts.

"I know from personal experience that it's pretty much impossible for a visually impaired person to travel on them safely."