Yorkville Golf Cart Ban: Disabled Man Cites Billion Dollar Settlements At City Council Meeting

Andrew Graham, a disabled man, voiced his opposition to the recent golf cart ordinance at the Yorkville City Council meeting on Tuesday night. Graham said using a golf cart on the sidewalk is his right as a disabled person.

Audio of Andrew Graham speaking at the Yorkville City Council on Feb. 14, 2017

Graham has Ankylosing spondylitis, a rare condition that results in a fused spine and limited mobility. He is also a large man.

“I can’t use a scooter because I’m 6-foot-4 and weigh 280 pounds. It will tip and fall,” Graham said.

Before the golf cart ordinance was approved, the city said that the Americans with Disabilities Act did not apply to sidewalks.

“It is apparent that the ADA did not intend to apply to public-owned thoroughfares, bike paths or walkways,” City Attorney Kathleen Field Orr said in a letter stating her legal opinion about a golf cart ban.

“Nothing could be more further from the truth,” Graham said about the city’s view of the ADA. He also called the city attorney’s legal advice on the matter “flagrantly inaccurate”

Graham cited two major class action lawsuits in California where the ADA was determined to grant disabled people access to sidewalks.

In one case, Willits vs. the City of Los Angeles, a $1.4 billion settlement was awarded to replace sidewalks throughout Los Angeles over the next 30 years. The judgement in the other case required the California Department of Transportation to spend $1.1 billion over 30 years to replace 2,500 miles of sidewalks.

“I don’t want money, I just to be able to use my cart to take my kids to and from the bus stop in my neighborhood,” Graham said. He also cited a portion of the ADA that he said would allow Yorkville to make an exception for disabled people in the golf cart ban.

Graham said he filed a formal discrimination complaint with the Department of Justice over the golf cart ordinance.

“It’s a very serious issue and I wanted this city council, and not just particular people involved, to know exactly what is going on,” Graham said.

Mayor Gary Golinski thanked Graham for his comments.

Yorkville police have issued nine citations for golf carts or off-road vehicles in the last five years, according to records obtained by Patch through a Freedom of Information Act request. The citation issued to Andrew Graham in August 2016 was dismissed in Kendall County Court.

Citations for golf carts or off-road vehicles in the last five years, provided by the Yorkville Police Department

Photo at top of Andrew Graham sitting on his golf cart by Patrick Martin