City of Fernandina Beach responds to ADA complaint

Editor's Note: The City of Fernandina and railroad officials were required to file a "position statement" after an ADA complaint was filed by Jennifer Niles in April 2013. (Click here for previous story.) The City's response is printed below (without attachments).  We will attempt to get a copy of the railroad's response.

January 31, 2014

Calvin Gibson

Director, Office of City Rights

U.S. Department of Transportation

1200 New Jersey Avenue, S.E.

Washington, D.C. 20590

Dear Mr. Gibson:

"I have been asked by City Manager Joe Gerrity to respond to your letter dated January 7, 2014. As far as the City can tell from the complaint filed by Ms. Niles on March 26, 2013, she fell out of her wheelchair while attempting to cross railroad tracks as a way to access the Salty Pelican restaurant, a private establishment. The story of how she fell and why she felt she needed to cross the railroad tracks is confusing. Which direction was she headed when she crossed the tracks (East or West)? Was she trying to access the Salty Pelican restaurant via Centre Street? Ms. Niles alleges that the City has allowed a "sidewalk" to deteriorate adjacent to the Marina Restaurant. I am not aware of a sidewalk that was ever installed or maintained by the City in this location referenced by Ms. Niles. If there is documentation of a sidewalk having been in this location which is a public sidewalk, the City is interested in seeing this evidence. The City is currently involved in litigation (authorized by the city Commission at a public meeting) over what we believe is the same area of the "sidewalk" referenced by Ms. Niles.

Ms. Niles cites City of Fernandina Beach Ordinance Number 258 which she characterizes as an "illegal vacation" of right-of-way. I have attached a copy of the City's Amended Complaint filed in the State of Florida Fourth Judicial Circuit Court in and For Nassau County, Florida Case #2013=CA=179. City v. Toundas. The case is currently in the discovery phase, and the crux of the case is the meaning of Ordinance 258. The City alleges in the lawsuit that there is a 10 foot driveway located just west of the Marina Restaurant that was never vacated by the City and that constitutes right-of-way. The Marina Restaurant has claimed for years that the property just west of its building is private property, and the City took action to determine the ownership of this property. Until the court decides the property issue, the City cannot make improvements adjacent to the Marina Restaurant.

Regarding the allegations that the City does not provide handicapped accessibility over the railroad tracks to the waterfront on the Amelia River, the railroad tracks and crossings are not controlled or operated by the City. To my knowledge, there are no agreements with CSX or its tenant(s) to allow the City to make improvements that traverse the railroad tracks.

The City welcomes any assistance the U.S. Department of Transportation and Federal Railroad Administration can provide that could resolve the accessibility issues Ms. Niles raises in her complaint."

Sincerely,

Tammi E. Bach, J.D., B.C.S.

City Attorney

Board Certified Specialist City, County

and Local Government Law

cc: Joe Gerrity

February 4, 2014 5:16 p.m