Unitil's Tukey's Bridge path closure violates ADA law

[Christian MilNeil]

Hi everyone,

I wanted to share my alarm at Unitil's short-notice plans to block a critical pedestrian route for two weeks next month, as reported by Drew Johnson in today's Press Herald.

Unitil seems to be under the mistaken impression that this is merely a jogging path, but in fact, it's a necessary transportation connection for hundreds of people. Portland Trails counts indicate that the bridge sidewalk regularly sees 900 crossings on foot and by bike – and path traffic can be double that on nice days when recreational joggers and bikers join regular commuters. 

Census data indicate that there are over 800 households living along the Outer Washington Avenue corridor that do not own cars. For them, a 3-mile-long detour around the Back Cove Trail is by no means a reasonable alternative – particularly for people working late night shifts and restaurant jobs that require travel after METRO has ceased service. 

Most importantly, though, Unitil's plans would violate federal Americans With Disabilities Act (ADA), Architectural Barriers Act (ABA) and PROWAG standards for wheelchair accessibility within a public (federal) right-of-way (see https://www.access-board.gov/prowag/). PROWAG, the federal regulation for ADA and ABA laws along public ways, clearly states that "when an entity closes a pedestrian access route for construction, it must provide a temporary alternate pedestrian access route with basic accessible features. Alternate pedestrian access routes ensure that construction in the public right-of-way does not prevent pedestrians with disabilities from reaching their destinations."

There's a reason these laws exist. If Unitil goes ahead with these plans, many individuals will invariably choose to walk along the shoulder of I-295 because the 3-mile detour around Back Cove is such an unreasonable option. If Unitil closes this path for two weeks, the company will be putting peoples' lives at risk. 

I hope that Unitil will come to its senses and prioritize the safety of our neighbors by providing a safe route on Tukey's Bridge during their construction project. But if they don't, I hope that our public officials will hold them accountable and uphold the law. 

Thanks for your attention to this issue. 

Christian MilNeil
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[Kate Sykes]

Here’s the latest from Staff on this. 

Kate Sykes (she/they)

Councilor, Dist. 5

City of Portland
389 Congress Street
Portland, Maine 04101

ksy...@portlandmaine.gov

c: 207.558.5764

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---------- Forwarded message ---------
From: Greg Jordan <gjo...@portlandmaine.gov>
Date: Tue, Sep 30, 2025 at 8:22 AM
Subject: Re: Unitil's Tukey's Bridge path closure violates ADA law
To: Danielle West <dw...@portlandmaine.gov>, Sarah Michniewicz <smichn...@portlandmaine.gov>, Kate Sykes <ksy...@portlandmaine.gov>
CC: Dena Libner <dli...@portlandmaine.gov>

Good morning, 

Based on information from DPW and Parks, the City has been working with Unitil to plan this project. Staff have pushed for options for doing this to minimize or mitigate the trail closure. However, because this is a gas line and it is in a very tight part of the trail, those options weren't feasible, nor would they be safe for the public or the workers.

Obviously, we're not pleased about this, but it seems like a necessary temporary closure.

Thank you!

Greg

  

Greg Jordan

Assistant City Manager

City of Portland

389 Congress Street 

Portland, ME 04101

207.756.8363

gjo...@portlandmaine.gov

On Tue, Sep 30, 2025 at 7:49 AM Danielle West <dw...@portlandmaine.gov> wrote:

We are looking into this further, Councilor, and will get back to you. Thanks. 

Danielle

On Tue, Sep 30, 2025 at 6:54 AM Sarah Michniewicz <smichn...@portlandmaine.gov> wrote:

Hi Greg, 

Do you have any info on whether an alternative route will be available during the Unitil work on Tukey's Bridge?

Best,

Sarah

--

Sarah

Councilor, District 1

smichn...@portlandmaine.gov

Notice: Under Maine law, documents - including e-mails - in the possession of public officials or city employees about government business may be classified as public records. There are very few exceptions. As a result, please be advised that what is written in an e-mail could be released to the public and/or the media if requested.

[Christian MilNeil]

I've heard back from a compliance officer with the Architectural Access Board (see below), who shared their opinion that this proposal would be an ADA violation. They recommended that we escalate a formal complaint against Unitil and the MaineDOT with the Department of Justice. I plan to do so, but I'd encourage others and the City to lodge a complaint as well. I'm still waiting to hear back from the New England ADA Center. 

Unitil's argument that they can't get this work done while also maintaining access is false. They could set up a temporary trail around the work zone by installing jersey barriers along the right-most lane of I-295 south (it's a redundant exit-only lane anyhow). MaineDOT did this when they conducted bridge deck work on Tukey's Bridge as well a few years ago. It's more logistically complicated for Unitil but it will create a safer work zone, and again, the ADA requires them to figure out a reasonable accessible alternative route (and the Back Cove Trail is neither ADA accessible, nor reasonable). 

From the ABA: 

This facility is more likely to be covered by the Americans with Disabilities Act of 1990 (ADA), which is enforced by the U.S. Department of Justice (DOJ).
1. As a first step, you could contact the New England ADA Center to discuss the situation
and learn more about your options.

New England ADA Center: Website: https://newenglandada.org/
Toll-Free: 1-800-949-4232 (voice) | Phone: 1-617-695-0085 (voice)
Fax: 1-617-482-8099 | Email: ADA...@IHCDesign.org
https://oci.georgia.gov/inspections-permits-plans/elevators-escalators

2. In addition, you may file an ADA complaint with DOJ by following https://www.ada.gov/file-
a-complaint

Christian MilNeil
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[Gordon Platt]

I appreciate these updates being passed along, and the responsiveness of city staff and councilors.

Unfortunately, this response is inadequate. Excusing the closure for safety and space issues does not solve or alleviate the challenges that will be face by those who need or want to use this path, for two weeks! 

The city, MDOT, and Unitil MUST find a solution that does not so much impede upon this critical connection. 

Some ideas (non-exhaustive list) 

1. Christian’s idea of a new set of Jersey barriers to redirect the trail next to the existing path. 

2. Until contracts GPMETRO for the duration to provide free bus service along the disrupted section 

3. Unitil treats this like a road construction or emergency project and works 24/7 on this, instead of  9-5 M-F (which I assume is their plan). Will they re-open the path on weekends during the closure?  

Ultimately, this is not a fight that we should be in- something as embarrassing and unjust as this should have been rejected at the permitting stage. 

As our city continues to rapidly grow, especially on the peninsula, we MUST have stricter enforcement of safe bike/ped movement plans in our permitting and site review process. It’s too often that I see a plan map reference keeping the sidewalk open or creating a temporary facility, only to see the fencing encapsulate the entire sidewalk, and signs posted to direct pedestrians to cross at impractical or inconvenient locations. An example: Consigli Construction just unnecessarily  closed a crucial section of sidewalk at the USM roundabout for over a year, between the roundabout and the bus stop, forcing pedestrians into the merge lane where most drivers are already focused on the vehicle traffic. 

Thanks, 

Gordon Platt

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[Winston Lumpkins]

I think it's a key point that the DOT was able to maintain access a few years ago- does anyone have any information on that work, such as pictures? 

-Winston 

Winston Lumpkins IV (he/him/his)

Past Chair, Portland Bicycle & Pedestrian Advisory Committee
https://www.portlandbikeped.org/

winston....@gmail.com
207-408-1508

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