WAVERLY, Neb. (AP) - A former Waverly city councilman who is also a disability rights advocate will receive $40,000 from the city to settle a two-year legal fight over wheelchair sidewalk access.
Larry Nedrow’s legal fight with the city began in June 2015 when he couldn’t get onto the sidewalk north of Waverly Intermediate School because his electronic wheelchair couldn’t navigate the curb, the Lincoln Journal Star (https://bit.ly/2mBc89W ) reported. He said after a filing a second complaint and taking up the issue with school officials, nothing was done.
“I just wanted that curb cut fixed,” Nedrow said Wednesday.
Nedrow filed a federal lawsuit in March 2016 alleging discrimination under the Americans with Disabilities Act, which requires city sidewalks to be wheelchair-accessible.
City officials responded by saying Waverly can only do so much to address problems with sidewalks like the one in question because the owners of the property abutting sidewalks are responsible for ensuring compliance with federal regulations. They said the sidewalk was the school district’s responsibility and that sidewalk issues were being addressed in new housing developments.
Nedrow said he opted to settle the case because he’s battling medical issues.
“It just is not worth the toll that it has taken on me mentally and physically,” the polio survivor said. “It was just too much to bear alone.”
Waverly doesn’t admit any wrongdoing as part of the settlement.
“The matter was amicably resolved,” City Attorney Mark Fahleson said.
Nedrow said the sidewalk problem was never resolved. However, a letter the district sent to the city shows the sidewalks in question will be replaced in August.
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Information from: Lincoln Journal Star, https://www.journalstar.com
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