Monday, May 11, 2009

I display goods on pavement outside my shop council says no. other local businesses threatened too. Help?

Council is quoting Disabilities discrimination act 1995 and Highways act 1980 but pavements are not blocked as they are wider than average. YOu can definitely get wheelchairs/double buggies passed. I have a furniture shop, there is a florist, a fruit %26amp; veg shop, 2 lovely cafes. In all twenty small independant shops. A vibrant shopping area Please help

I display goods on pavement outside my shop council says no. other local businesses threatened too. Help?
Nevertheless the pavement is not your property and you have no rights to display your goods there. The same applies to the other shops in your parade.Some shops in some areas do have private forecourts where they can display their wares, but these are usually clearly marked, and the council is not responsible for the upkeep or maintenance of private fronts. It is not only wheelchairs and buggies that are affected but also blind and poorly sighted people who could stumble over goods on the pavement. You are expected to trade from the interior of your premises.The council is absolutely correct.
Reply:Measure the sidewalk space- with and without vendor stuff.





The typical ADA sidewalk would be 6'6" (78") wide at a minimum to allow a small amount of 2-way traffic when a wheelchair is involved, and 10' is recommended where there is a likelihood of congestion or other conditions occur. There are a THOUSAND other issues involved in proper sidewalk planning as well.





The issue is not 'can get past', but 'can get past safely for the chair user, other people, and other stuff in the area. Many wheelchairs are not real manueverable.





I'd bet the sidewalks passed inspection WITHOUT the booths, etc., but will fail with them- you don't usually build super wide sidewalks without a good reason because of the cost.
Reply:Sorry the council is right.





Usually they don't care as long as everyone uses common sense regarding access, but some new jobsworth is probably trying to make his mark,


OR


possibly a council somewhere in the country has had a claim against them from one of the ambulance chasing lawyers and an "obstruction of the pavement" precedent has now been set which will result in 100's of spurious claims.





These type of low life Lawyers know there is big insurance company behind the council who will pay up rather than take it to court.





Technically the pavement is public property and you cannot put your wares or signs on it. The fact that people may have plenty of room does not matter.
Reply:Good, the pavements are for pedestrians not to expand your shop floor space, when you are in a wheelchair and you have to guide around all these obstacles then perhaps your attitude would change.

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