City of Milton to improve access for disabled to settle discrimination case

The city of Milton has agreed to upgrade its parks and to improve access for disabled people to recreational activities and the city's annual parade, settling a discrimination complaint filed years ago with the U.S. Department of Justice.

The department's Civil Rights Division announced the agreement Wednesday, ending a long and sometimes contentious negotiation with the Pierce County city, whose officials had complained their cash-strapped town didn't have the money to pay for the changes.

Assistant Attorney General Thomas E. Perez, who oversees the division, commended the city and said "it is time for all state and local governments throughout the country, no matter what the size, to make a renewed commitment" to compliance with the Americans with Disabilities Act (ADA), which is 20 years old this year.

The agreement requires the city to modify two parks so that the city's only public restroom, picnic tables and other facilities are accessible to people using wheelchairs or those who have other ADA-covered disabilities.

U.S. census data for 2000 shows nearly 24 percent of the city's population of 5,700 people have a disability.

According to the Tacoma News Tribune, the city had urged the Department of Justice to allow it to tear down the circa-1960s public restroom in Triangle Park — which has been closed by budget cuts — rather than force Milton to spend $350,000 to upgrade it. The city said revenue shortfalls have forced it to lay off workers and make deep cuts in departments.

City Manager Subir Mukerjee said the city supports compliance with the ADA.

"It is not the statute that is the problem," he said. "Our issue is whether a local government can decide whether to provide toilets to the public at all."

Department of Justice lawyers gave the city three years to tear down the inadequate restroom and build a new one that's accessible and in compliance with the ADA. In the meantime, the city can use temporary toilets, providing they are accessible to all.

If the city can't complete the task in three years, Mukerjee said the Department of Justice has left open the possibility of another alternative, such as permanent portable toilets, including one that is accessible by ADA standards.

Most of the other modifications involve dedicating and improving disabled parking at the city's three parks, ADA-accessible picnic facilities and accommodations during the city's annual celebration.

The investigation sprang from a 2003 complaint, according to news reports.

Mike Carter: 206-464-3706 or mcarter@seattletimes.com