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Friday, October 27, 2006 - Page updated at 12:00 AM

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Lawsuit by civil-rights group claims Vancouver violating disability laws

Seattle Times staff reporter

The city of Vancouver, Wash., has been sued in federal court for a long list of alleged violations of the Americans with Disabilities Act and other statutes.

Access Now, a national civil-rights group based in Florida, filed the lawsuit on behalf of Michelle Beardshear, a 26-year-old Vancouver resident and a paraplegic who must use a wheelchair to get around the city.

The suit contends that many Vancouver streets, sidewalks and structures are insufficiently accessible to people with disabilities. Consequently, the suit claims the city has violated Washington state laws against discrimination, as well as the federal Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), which was enacted in 1990.

Ted Gathe, Vancouver city attorney, said Thursday he could not comment because he was not aware of the lawsuit.

"Apparently the city has not been served, or if it has, the suit hasn't made its way to my office," Gathe said.

Catherine Chaney, a Seattle-based attorney who is serving as local counsel for Access Now, filed the suit Wednesday in U.S. District Court in Tacoma.

Neither Chaney nor Stephan Nitz, a Florida-based attorney for Access Now, could be reached for comment.

The lawsuit cites federal rules that require "newly constructed streets, roads and highways" to contain curb ramps or slopes, as well as ADA guidelines on everything from signs at parking spaces to grab bars in restroom stalls.

"The city of Vancouver has discriminated ... by denying plaintiffs the use and benefit of the sidewalks, streets, intersections, public parks, facilities and parking within the city," the suit claims.

Public facilities specifically mentioned in the lawsuit as violating the ADA include Vancouver's City Hall, Police Department, two public libraries and four city parks.

David Bowermaster: 206-464-2724 or dbowermaster@seattletimes.com

Copyright © 2006 The Seattle Times Company

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