A narrow, sloping section of the Davis Bay seawall discriminates against a woman who uses a scooter, the B.C. Human Rights Tribunal has decided.
In a ruling Aug. 4, tribunal member Tonie Beharrell gave the District of Sechelt six months to come up with a solution agreeable to the complainant, 29-year-old Jacqueline Moser. That solution might be a railing or a curb on the seaward side of the walkway or the elimination of some roadside parking spaces to widen the walkway, said Beharrell.
Moser has a debilitating muscular disease that prevents her from walking without help. She lives near Davis Bay and regularly uses her scooter to take her dog, Marley, for walks on the seawall. But the middle section of the seawall, which is 17 inches narrower than the rest and has a steeper slope toward the beach, scares her.
"If even an able-bodied person misjudges, they're going to fall over The whole seawalk should have a railing," said Moser. "The world isn't all accessible for people with disabilities. But the parts that are accessible should be safe."
Her father, John Moser, acted as her spokesman in the case.
"It's definitely unsafe for several reasons," he said. "I'm well aware seawalls have to have a runoff slope. This slope is excessive, and the width is too narrow."
The offending stretch of the seawall is the part where the highway is closest to the beach. The walkway here is five feet wide, while the rest of the walkway is 17 inches wider. As well, the cross-fall slope in this section varies from two per cent to 6.3 per cent, while the rest of the walkway has a more consistent slope of about two per cent.
Moser said the narrow, slanting walkway gives her real fear that her scooter might topple over the edge, especially when she is passing another person. In a letter to the tribunal hearing, a consultant for the B.C. Paraplegic Association testified the steep slope is enough to cause the front casters of a wheelchair or walker to drift to the edge of the walkway and possibly slip over.
Sechelt Mayor Cam Reid said the district will discuss the human rights ruling with its lawyers, then meet with the Ministry of Highways to consider how to improve the sea wall.
"The project was a partnership with the Ministry of Highways," said Reid. "There was a requirement there be a bicycle path and parking. [The five-foot walkway] was what we were left with. We recognize it was narrow. The decision at the time, in consultation with the community, was they didn't want a handrail."
The railings could cost $40,000 to install, plus increased maintenance costs.
Reid said he had not heard any reports of people falling off the seawall.
Moser said when she first raised the safety issue with the district, "they sort of pushed it off and said 'don't use it if it's not safe'."
Joni Heinrich, municipal clerk for the District of Sechelt, said the district offered to flatten out the steeply sloped parts of the walkway, "but the complainant said, 'that isn't good enough'."
Moser didn't think the district's approach was fair, and the human rights tribunal agreed.
"Because I'm disabled, I should sit home and do nothing?" said Moser.
Sechelt's lawyers argued this decision could open the floodgates to require higher standards for all municipal sidewalks and trails. But that "floodgates" argument was highly conjectural, decided the tribunal.
"This case does not involve the issue of sidewalks, walking or hiking trails or indeed seawalks other than the Phase 1 walkway. It involves a very specific facility," said Beharrell.
Heinrich responded, "We're not sure we agree with that statement."
Heinrich said the human rights tribunal's decision may have serious effects on future public amenities built by municipalities.
"We feel this decision has raised that bar quite substantially," said Heinrich. "We certainly feel we acted in good faith. When we put in that seawall, we tried to be fair and equitable to everyone."
