Proposed class-action suit takes aim at City of Whitehorse over accessibility

Two Whitehorse residents have filed a proposed class-action lawsuit against the city, saying their Charter rights have been violated by the city's failure to effectively clear snow and ice from roads, sidewalks, transit stops and accessible parking spots.

The two plaintiffs — Ramesh Ferris and Eva Von Flotow — each have mobility issues and say their quality of life and their ability to participate in society has suffered because of the city's lax efforts at ensuring accessibility, particularly in winter.

A statement of claim filed to the Yukon Supreme Court on Monday says that the city's policies and actions "create a distinctive and discriminatory effect on disabled individuals who reside in Whitehorse," and that the plaintiffs have been "demeaned, marginalized and deprived of their inherent dignity and freedom to make their own choices."

Residents with mobility issues, including Ferris and Von Flotow, have long advocated for the city to do more to ensure winter accessibility. According to their lawyer, Vincent Larochelle, those efforts have been mostly in vain.

The lawsuit, Larochelle says, is "really a last resort."

"[Ferris and Von Flotow] saw no other way to push the issues forward than to file a lawsuit against the city," he said.

The statement of claim describes how both Ferris and Von Flotow have suffered "significant and serious psychological harm" because of the city's approach to clearing snow and ice.

The allegations have not been tested in court and the city has not yet filed a statement of defence.

Ferris, who lives with a permanent physical disability because of childhood polio, uses leg braces and crutches to walk. The statement of claim describes his difficulties with poorly-designed public transit stops and "accessible" parking spots, and how those difficulties are even greater when snow or ice piles up through the winter.

It says Ferris has slipped "approximately 10 to 15 times" while using an accessible parking spot, either getting into or out of his vehicle, or trying to get onto or off the sidewalk.

"At times, Mr. Ferris decides not to leave his home because of these risks and dangers," the statement reads. 

"The overall situation has caused Mr. Ferris to feel anger, stress, anxiety, sadness, humiliation and disappointment."

Von Flotow has quadriplegic cerebral palsy with dystonia, which means she has difficulty controlling how she moves. She uses a custom-built wheelchair at all times, manoeuvred by a caregiver, and a wheelchair-accessible van that depends on accessible parking stalls that are large enough for Von Flotow to get in or out of the van.

Few of the city's accessible public parking stalls are large enough, according to the statement of claim. It also states that there are often obstacles such as garbage cans or bike stalls that prevent Von Flotow from getting onto the sidewalk.

"Often, when she goes downtown, Ms. Von Flotow is required to stay in her van while her caregiver runs errands because Ms. Von Flotow cannot exit her van. This is humiliating," the statement reads.

It says the challenges are even greater when there's snow and ice.

"Sometimes the City of Whitehorse clears the snow from a row of parking stalls and piles it up on or near the accessible parking stall, which is at the end of the row. This can block an 'accessible' parking stall for days or weeks," it reads.

The issues put the safety of both Von Flotow and her caregiver at risk, it states, and cause Von Flotow to feel like a "second-class citizen." 

"The plaintiffs ... have experienced a loss of personal autonomy and the freedom to make decisions about their own lives. Such conduct severely degrades [their] dignity and independence."

'The situation remains ... dire'

Last winter, the city announced that it was hiring additional bylaw officers to focus "solely on snow and ice control enforcement over the winter months," and also making "operational changes," including dedicating crews to clear snow-piles near curb-cuts and accessible parking spots downtown, more clearing of snow from curb-edge-to-curb-edge along downtown roads, and "additional support" to clear transit stops and shelters.

The $220,000-price tag was approved by city council late last year following weeks of advocacy and feedback from residents, including people who use mobility aids including wheelchairs and canes, who said they weren't able to do basic things like travel on sidewalks due to snow and ice buildup. 

And on Monday, the city said in a news release that it was installing more para ramps downtown, at Main Street and Fourth Avenue, and at Steele Street and Third Avenue.

However, Larochelle says the city's recent efforts don't go nearly far enough after "decades of simply leaving behind people with a physical disability."  

"The situation remains and remained dire, and that's why we are where we are today," Larochelle said on Tuesday.

The lawsuit still needs to be certified by the court to proceed as a class-action.

The plaintiffs ultimately want the court to rule that their Charter rights have been violated by the city, and to award them damages.

Larochelle argues that maybe the city needs "a little financial sting" in order to act.

"Obviously the lawsuit is about money, but that's not what it's fundamentally about," Larochelle said.

"Because there's been no effective reaction from government based on a cooperative or conciliatory approach, my clients have decided that perhaps the sting of a monetary penalty will push the government to action."