Bernstein Lawsuit Claims Roundabouts Endanger Disabled

ADA Lawsuit Demands Halt to Unsafe Traffic Roundabouts

WDIV Detroit News - August 2007

News Anchor Carmen Harlan:

“It’s supposed to ease congestion and help traffic move smoothly. But tonight, some drivers have seen something coming in places like this, like in England, and now it’s being received here in metro Detroit. But it is the focus of a lawsuit.”

News Anchor Guy Gordon:

“They do take some getting used to. New at 5:30, they are turning up more and more at local intersections. They are supposed to make traffic flow easier. They’re called ‘roundabouts.’”

News Anchor Carmen Harlan:

“We’re supposed to be able to talk about them a little bit easier too. But these road designs are supposed to be good for drivers, and they might not be good for some pedestrians. Our Paula Tutman introduces us to one pedestrian who is filing a federal lawsuit.”

(On video: News Reporter Paula Tutman and Attorney Richard Bernstein are at the construction site of a new traffic roundabout.)

News Reporter Paula Tutman:

“These brand new roundabouts, we’re all trying to get used to them as drivers, but imagine being a pedestrian. Also, imagine trying to get across the street if you are disabled, blind, in a wheelchair. Whatever the disability, it’s almost impossible, and that is the point of this lawsuit.

It’s a traffic pattern many of us are trying to get used to, designed to improve traffic flow and reduce car-on-car traffic fatalities by 90%, according to the Roads Commission.

Roundabouts have been popping up all over the place. The roundabout is a continuous pattern of driving that allows motorists to negotiate several intersections without stopping.

So, why is attorney Richard Bernstein suing the Oakland County Roads Commission over the design of roundabouts? Watch.”

(On video: News Reporter Paula Tutman and Attorney Richard Bernstein are standing at a busy roundabout, with traffic traveling in both directions. The cars do not slow down for the pedestrians. Bernstein starts to step into the road.)

News Reporter Paula Tutman:

“Stop, stop, stop, stop, stop!”

Attorney Richard Bernstein:

“Ready?”

News Reporter Paula Tutman:

“No, cause there are cars coming!”

Attorney Richard Bernstein:

“Well sure, but this is what it’s going to be. This is people are going to face when they want to cross a roundabout there’s no longer a light, so let’s cross.”

News Reporter Paula Tutman:

“But no, we can’t cross right now, because these cars are moving really close.”

Attorney Richard Bernstein:

“Talk to the county about it. This is the plan.”

News Reporter Paula Tutman:

“He says the roundabouts are discriminatory against the disabled, and this is why. Oh, and in case you haven’t noticed, Bernstein is sight-impaired.”

Attorney Richard Bernstein:

“Because when you have safety issues for the blind, you also have safety issues for children; you have safety issues for senior citizens; you have safety issues for bicyclists.”

News Reporter Paula Tutman:

“That’s an interesting point.”

Attorney Richard Bernstein:

“Of course.”

News Reporter Paula Tutman:

“We saw an example when little boys on bikes, much like turtles, seemed to be able to find the most dangerous place to cross the road.

For the Roads Commission part, we’re told they already looking for a solution, perhaps a pedestrian-activated system to stop traffic when necessary, to allow safe crossing. That’s one possible approach. A spokesperson says ‘he wished the two sides could’ve talked first instead of one side suing first.’

But here’s a lasting image: How did the chicken cross the road . . .?”

Attorney Richard Bernstein:

“So, let’s just go.”

News Reporter Paula Tutman:

“No, we can’t walk now.”

Attorney Richard Bernstein:

“But this is the issue.”

News Reporter Paula Tutman:

“I’m glad that I’m leading you here.”

A blind man wants everyone to see it his way. If it’s not safe for everyone, it’s not safe.

Paula Tutman, Local 4.”