A Chicago resident is taking legal action against the city for failing to provide accessible public sidewalks, highlighting a broader issue of disability rights and infrastructure negligence. Charles Smith filed a complaint in the United States District Court for the Northern District of Illinois on November 22, 2024, accusing the City of Chicago of violating the Americans with Disabilities Act (ADA).
Charles Smith, a decorated U.S. Army veteran and double amputee who relies on a wheelchair, claims that an inaccessible sidewalk at 899 E Oakwood Ave. has caused him significant distress and exacerbated his post-traumatic stress disorder (PTSD). On July 4, 2024, Smith attempted to navigate this sidewalk but was unable to pass due to a narrow opening between a light pole and the curb measuring only 23 inches wide—far below the ADA-required minimum width of 36 inches. As a result, he lost control of his wheelchair and fell into the street while trying to retrieve it amidst passing vehicles. This incident not only endangered his life but also triggered severe emotional suffering linked to his PTSD from military service.
Smith's complaint underscores systemic issues within public infrastructure management by municipal authorities. Despite reaching out to several personal injury attorneys after his fall, Smith faced challenges in securing legal representation due to the lack of documented medical damages or hospital visits. Undeterred, he decided to file pro se—a legal term for representing oneself without an attorney—to advocate for improved accessibility under Title II of the ADA. His efforts are supported by an ADA consultant team that prepared detailed evidence documenting non-compliance at the site.
The lawsuit cites multiple precedents where courts have affirmed that public sidewalks must be accessible under Title II of the ADA. In cases like Barden v. City of Sacramento and Frame v. City of Arlington, courts ruled that cities are obligated to ensure their pedestrian pathways meet accessibility standards as part of their public services.
Smith seeks declaratory and injunctive relief from the court, demanding that Chicago rectify these barriers by widening the sidewalk passage at least to ADA standards. He also requests compensation for costs incurred in bringing this action forward with professional support services provided by his consulting team.
The case is presided over by Judge Matthew F. Kennelly with Magistrate Judge Beth W. Jantz assisting in proceedings under Case No: 1:24-cv-12071.