The Arkansas Highway and Transportation Department inspectors advised Total Site Development Wednesday that the slope of the Denver Street Bridge sidewalks are out of ADA compliance in places. Total Site Development is the contractor awarded the project by the state. The AHTD is bound to compliance with the Americans with Disabilities Act (ADA). The sidewalks were recently found to slope to the street making the City and the AHTD potentially liable and they will be replaced before being accepted by the City. “We hope that this will not delay the project. It is ahead of schedule now and we are all eager to have Denver Street opened. We are NOT eager to get sued and there are those who prey on situations like this” said Greenwood Mayor Kenneth Edwards on Friday.
The Arkansas Highway and Transportation Department will not turn the project over to the City until it is compliant. “We have recently won several lawsuits that were found to be meritless. The Arkansas Municipal League represents us as a part of our contract with them. It costs us $3,000.00 every time one of these lawsuits gets filed against us if the League lawyers represent us. We don’t want to pay out any more than we have to. It is a part of doing business as a city” said Edwards, adding, “litigation is expensive and we avoid it where we can. There are people who make a living suing cities and businesses”.
The recent litigation over the First Western Bank property ended fairly according to all sides. “Before that, the litigation filed against the City of Greenwood by ex-mayor Garry Campbell was thrown out of court but it still cost the City of Greenwood $7,299.14 in legal fees even though we won!” said Edwards, adding “those lawsuits against me and the city filed by Garry Campbell were not defended by the Arkansas Municipal League”.
The Mayor and Street Department Director Don Keyes will meet this week with AHTD officials and the contractor to discuss the timeline on the matter and the progress on the bridge. The Mayor will also meet with the League lawyers and City Attorney Mike Hamby to assure compliance.