More Great Media Coverage of the Toronto Bike Path that Endangers Pedestrians with Disabilities

Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Ontario for All People with Disabilities

www.aodaalliance.org aodafeedback@gmail.com Twitter: @aodaalliance YouTube: https://www.youtube.com/user/aodaalliance

More Great Media Coverage of the Toronto Bike Path that Endangers Pedestrians with Disabilities

December 20, 2023 – City of Toronto Responses are Very Disturbing

SUMMARY

Have you watched the striking 7-minute captioned video that the AODA Alliance made public last month? It shows how the City of Toronto endangers the safety of pedestrians with disabilities, such as those who are blind, by building a new bike path on a busy midtown sidewalk. If you haven’t seen it yet, you should! We’ve gotten tons of positive feedback on it. We’ve also gotten a pile of media coverage. Below you can read:

The AODA Alliance’s transcript of the November 21, 2023 interview on CBC Radio 1 Toronto’s flagship Metro Morning program, where City official Becky Katz tries to justify this bike path.
A November 21, 2023 City News report.
A November 23, 2023 article in the Canadian cycling Magazine.
The November 21, 2023 Streets of Toronto online publication.
An article in the November 21, 2023 Momentum Mag, and
A report in the November 29, 2023 National Observer

We offer a few thoughts on the City of Toronto’s official response to this video, given on CBC Radio’s November 21, 2023 edition of its Metro Morning program:

CBC clearly asked if Toronto was going to fix the bike path in question, in light of these safety concerns. The City of Toronto spokesperson dodged the question. She never said it would be fixed. She never even said Toronto would explore the possibility of fixing it. The City of Toronto spokesperson said that the City has moved to “a new default design” for bike paths on sidewalks. In other words, the design of the bike path in issue in the AODA Alliance video is now not the City’s preferred design. Yet the bike path in the AODA Alliance’s video is very new and was just recently built.
The City of Toronto has in effect decided through the design of this bike path that it gave priority to safety for cyclists over safety for vulnerable pedestrians. The City of Toronto spokesperson said:

So, raised bikeways have shown to improve safety for vulnerable road users, including people cycling and pedestrians. It sets back the sidewalk from the road, it raises people cycling above motor vehicle traffic, improving, reducing conflicts between them and drivers.

Viewed from a disability perspective, what this feels like is that the City saw this as a question that it was better to protect cyclists from cars than to protect pedestrians (including people with disabilities such as blind people) from the danger of being hit by a cyclist on the sidewalk. This seems like disability discrimination. Making this worse, it rests on the false assumption that there is no way to design a bike path, away from the sidewalk, which will protect cyclists from cars, and which will protect pedestrians, including people with disabilities, from cyclists. People with disabilities and all pedestrians deserve much better from their municipality.

Want to help with this issue?

Post the AODA Alliance’s 7-minute bike path video on your Facebook page.
Urge friends and family members to watch it.
Forward this video to your member of City Council and your member of the Ontario Legislature. Press them to watch it too.
Contact your media if there is a bike path on a sidewalk near you, or if one is planned.

Do you have feedback for us? Write us at aodafeedback@gmail.com

MORE DETAILS

CBC Radio’s Metro Morning Program November 21, 2023

Note: Transcript by the AODA Alliance, using the following abbreviations:

David Common (DC)- Host, Metro Morning

Becky Katz (BK)- Manager, Cycling and Pedestrian Projects Unit, City of Toronto

David Lepofsky (DL)- Disability Advocate, Volunteer Chair AODA Alliance

DC: Speaking of those bike lanes, we have heard many times about how bike lanes can make commuting safer in this city, in part by slowing vehicles down by creating safe space for cyclists. But accessibility advocate David Lepofsky says it’s critical to look at how those bike lanes are being designed.

DL: (Audio excerpt from the AODA Alliance’s bike path online video)

The city built this new bike path up on the sidewalk alongside the road. There is no clear, obvious cane-detectable barrier between the bike path and the sidewalk’s pedestrian area. Nothing tells me there’s a bike path here. I only know there’s a bike path here because a sighted friend told me. The city can’t claim that there is a clear and obvious tactile difference between the bike path and the rest of the sidewalk. That would be dead wrong. Toronto sidewalks have notoriously inconsistent tactile textures from one meter to the next. It would be foolish for a blind person to rely on any of that. This is very dangerous for a blind person using a white cane or a guide dog.

DC: That is David Lepofsky, a vision-impaired accessibility advocate at a sidewalk east of Eglinton and Avenue Road. Becky Katz is here to tell us how the city made this design choice. She is the Manager of Cycling and Pedestrian Projects and Transportation Services for the City of Toronto. Becky, good morning.

BK: Good morning.

DC: You’ve heard David’s assessment there. Is that something you took into account when designing this area?

BK: Ya. Eglinton Ave, the street design was actually designed alongside the LRT, so it is quite an older design, and at the time, raised bikeways were being implemented not just in Toronto but across the globe. And that design really reflects similar designs that you have seen that were installed in the past 5-10 years, including on Sherbourne, on Kipling Ave, and other places in Toronto. But more recently, based on accessibility feedback, our designs have evolved to make it safer and more accessible for all.

DC: So, one of the issues for him is that it’s not just the tactile, but it’s the levels that they are on. That there is not a way for him, and for others who might be visually impaired, to understand ‘are they standing on the sidewalk or on a bike lane?’ How do you differentiate those?

BK: Ya, so along Eglinton Ave and along all other raised bikeways, we use these granite tactile pavers. It is consistent across all of the sidewalk-level bikeways, and what we’ve heard from different community, accessible community members is that consistency is important, even it’s highlighted in the clip that you just played. So that is consistent, but again, so our designs have evolved over time.

DC: How might it evolve now, or is that, have we settled on a design?

BK: No. And actually, we have moved to a new default design. So, raised bikeways have shown to improve safety for vulnerable road users, including people cycling and pedestrians. It sets back the sidewalk from the road, it raises people cycling above motor vehicle traffic, improving, reducing conflicts between them and drivers. But through a lot of engagement with the accessibility community, we have moved to what is called the bevelled curb. And this is where it would be the street, and then the bikeway would be like 50 millimetres up and then the sidewalk would be an additional 50 millimetres up from the bikeway, creating a height difference and a tactile edge, a detectable edge, for those who use canes or a guide dog.

DC: That’s going to be the new design, but is not the design for this relatively new bike lane that exists along Eglinton. Is there the possibility that it will change?

BK: So, our design standards have already changed. We’ve started to use the bevelled curb in, in, more recent projects. I’ve highlighted the Eglinton corridor was designed quite some time ago, but I will highlight that Sherbourne has been, the bikeway has been in operation since 2012, and we’ve not seen an increase in dangerous or fatal collisions between pedestrians and people cycling.

DC: If I just shift gears to talk more broadly about bike lanes. What’s it like for you to be in your job? There’s an awful lot of people across the city who both clammer for more bike lanes and complain all about bike lanes depending on who they are and what road users they are. What’s it like for you and your job?

BK: Every day is an exciting day. I work on a fabulous team within a great division. And I think the reason why bikeways get a lot of attention is that they are, we are making significant changes to our streets by implementing new bikeways, and those changes are necessary. Our streets, people are dying, and we are a growing city, and people need to move differently as we grow. So, I think it is exciting but absolutely challenging. It is a job where you receive quite a lot of feedback. And again, as you highlight, in both directions.

DC: Some of the most recent bike lanes to go in, I think, are along Bloor West. Where else do you anticipate projects, particularly to move towards the spring? Where are the next projects to come online for something like Bloor West where they effectively have taken over one of the lanes of traffic and left one lane in either direction?

BK: Ya. I would actually encourage everybody to get involved because we are actually starting to form the next three years of our bikeway plans through the cycling network plan engagement so, we have a number of consultations. But we do have a lot of great projects coming up where there will be consultations, including on some of the gaps on the Elginton Ave, on Danforth/Kingston and many other corridors across the city to improve safety and accessibility for all road users, including those who bike.

DC: Becky, thanks very much.

BK: Thank you.

DC: That’s Becky Katz, who’s the Manager of Pedestrian and Cycling Projects for the City of Toronto.

City News Toronto November 21, 2023

Originally posted at https://toronto.citynews.ca/2023/11/21/disability-advocate-eglinton-avenue-bike-lane-danger-visually-impaired-pedestrians/

Disability advocate says Eglinton Avenue bike lane a danger to visually impaired pedestrians

Sidewalk-adjacent bike lanes on the north side of Eglinton Avenue. CITYNEWS

By Meredith Bond

A disability advocate is speaking out about a bike lane installed along Eglinton Avenue that he says could be dangerous for visually impaired pedestrians.

In a video released by the Accessibility for Ontarians with Disabilities Act Alliance (AODA), David Lepofsky, AODA’s chair, walks along the north side of Eglinton with his cane, unable to tell the difference between the sidewalk and the raised bike lane.

Lepofsky, a lawyer and associate professor, said he had to be told that the bike lane was at sidewalk level, not road level.

“I’d never encountered this before. It is a serious and dangerous threat to blind pedestrians like me,” Lepofsky told CityNews.

And he’s not just concerned for himself and other visually impaired pedestrians.

“It’s also a danger to sighted pedestrians if they’re looking down at their phone, texting and having to walk into a bike path,” explained Lepofsky.

“It’s dangerous to cyclists because I could be walking near the bike path without knowing I’m there. I might veer toward it, accidentally sticking my foot in the spokes of a rider who’s racing along. This could damage the bike and possibly send the cyclist flying.”

The City of Toronto had installed dark, granite tactile pavers, but he disagrees that they distinguish the bike path.

“I have been using a white cane and walking independently as a blind person for 40 years. I think I’ve had enough time to know when there’s proper guidance on the sidewalk,” said Lepofsky. “What they installed is not. It may be visually obvious to a sighted person, but using a cane does not tell me that there’s a bike path there.”

Becky Katz, the City of Toronto’s manager of cycling and pedestrian products, said accessibility testing with people with low to no vision was completed on the street.

“It is a standard that complies with our accessibility regulations.”

It has also been utilized on Sherbourne Street and other locations, but Katz added they take this type of feedback very seriously.

“We have done a number of tests with the same tactile, and so we’ll definitely be looking to ensure that they’re installed correctly and that they do comply with the city standard for sidewalk-level bikeways and adjacent to the sidewalk.”

Katz says the design standard was developed long ago and is not a reactive standard. However, Lepofsky says that even if a marker distinguished which side was a safe sidewalk and which side was a bike path, it would be hard for the visually impaired to determine which side was which.

Lepofsky said the only solution is to lower the bike path to road level.

“We want a clear, immediate decision that there will never be another bike path built at sidewalk level.”

When asked if the bike lane could be changed, Katz said, “It’s important to note that the LRT and the streetscape construction is not complete. But, absolutely, our street designs always evolve. Many streets within the city have evolved over time, along with our design standards.”

With files from Mark McAllister

Canadian Cycling Magazine November 23, 2023

Originally posted at https://cyclingmagazine.ca/sections/news/2023-bridge-the-gap-canadian-cup-final-standings/

Toronto bike lanes could be dangerous for people who are blind, advocate says

David Lepofsky says new infrastructure poses risks

Bike lanes in Toronto

MATT HANSEN NOVEMBER 22, 2023

Some new bike lanes in midtown Toronto may be dangerous for the visually impaired, according to a report from the CBC.

David Lepofsky was taken aback when he discovered, during a recent stroll with a friend, that he was about to transition from the sidewalk to a bike path. The realization only came to him when his sighted friend pointed out that a new segment of the bike lane on Eglinton Avenue in midtown Toronto is at the same level as the sidewalk.

“I was shocked,” Lepofsky, who is blind, said. “Then I was disgusted … how on Earth did they do this with such callous disregard for the safety of blind pedestrians?”

Using a white cane for navigation in the city, Lepofsky faces a challenge—while the cane can detect changes in texture, it doesn’t communicate to those unfamiliar with the markings that it signifies a cyclist lane. Lepofsky is urging the city to promptly modify this bike lane by lowering it below sidewalk level. This adjustment aims to enhance the safety of both blind pedestrians and cyclists, ensuring they can navigate without concerns about colliding with pedestrians or their canes.

Infrastructure not preferred design

The City of Toronto reported conducting “accessibility site visits” across the city, involving individuals with disabilities, according to the CBC report. The findings indicated that participants could detect the type of dark pavers used. Nevertheless, these accessibility visits, along with other considerations, led to a bike lane design distinct from the one implemented on this particular stretch of Eglinton Avenue.

“Our preferred design today is to have the street and then the bikeway to be 50 mm above the streets, and then the bikeway to be 50 mm below the sidewalk, so everybody’s raised,” Becky Katz, manager of cycling and pedestrian projects for the City of Toronto, said.

Regarding the segment of Eglinton highlighted by Lepofsky, it was noted that the street was designed concurrently with the Eglinton Crosstown project, which dates back over 10 years. However, the bike lane on this street was recently completed. Similar designs, raising concerns for Lepofsky, are employed in various locations across the city, with occasional new constructions still adopting this particular design.

Streets of Toronto November 21, 2023

Originally posted at https://streetsoftoronto.com/t-o-just-got-a-secret-supper-club-in-a-ceramics-studio-with-seating-for-10/

Eglinton bike lanes

Blind lawyer says new bike lanes on Eglinton Avenue have got to go

by Ron Johnson for Streets Of Toronto Posted: November 21, 2023Photo:

Screenshot from David Lepofsky’s YouTube video

Constructing protected bike infrastructure in the city of Toronto is always controversial, but the new bike lanes on Eglinton Avenue have raised red flags for an entirely new reason.

In a revealing YouTube video posted by disability activist and AODA Alliance Chair, David Lepofsky, serious concerns have been raised about a new bike lane constructed on the sidewalk of Eglinton Avenue West in Toronto. The video exposes the potential dangers this unconventional design poses to blind pedestrians and the general public.

David Lepofsky, a retired lawyer and champion of disability rights, emphasizes the endangerment the sidewalk bike lane poses to visually impaired individuals. Lepofsky, who chairs the Accessibility for Ontarians with Disabilities Act Alliance (AODA), argues that the absence of clear tactile differences between the sidewalk and the bike path creates a hazardous situation for individuals relying on canes for navigation.

“It is especially infuriating that this happened in a city and province which are required by Ontario law to become accessible and barrier-free to Ontarians with disabilities by 2025,” said Lepofsky. “Our City should not treat people with disabilities as expendable second class citizens.”

Lepofsky, a key figure in the campaign for the passage of the Accessibility for Ontarians with Disabilities Act in 2005, points out that the act includes provisions to eliminate existing barriers and prevent the creation of new ones. His frustration with the disregard for these provisions is evident as he calls for immediate corrective action.

In the video, Lepofsky makes the contention that the hazardous bike path not only jeopardizes people with disabilities but also poses risks to pedestrians and cyclists without disabilities. He alleges the illegality of the design, arguing that it violates the right to equality for people with disabilities as outlined in the Charter of Rights, the Ontario Human Rights Code, and the Accessibility for Ontarians with Disabilities Act.

Lepofsky is urging the City of Toronto to rectify the issue and prevent such hazards in the future.

In an interview with the Toronto Star, a city spokesperson said the new bike lanes are in compliance with AODA legislation.

Becky Katz, manager of pedestrian and cycling projects at the City of Toronto, explained that bikeways at sidewalk level feature a textured surface between the sidewalk and the elevated cycle track, detectable by foot or cane. Although universal standards were followed, Katz acknowledged a preference for a change in elevation. As a result, the city has adopted beveled curbs as the default design for raised bikeways going forward.

Momentum Mag November 21, 2023

Originally posted at https://momentummag.com/accessibility-concerns-new-bike-lanes/

Blind lawyer raises accessibility concerns over risky new raised bike lanes | Momentum Mag

In a YouTube video posted by prominent disability activist and AODA Alliance Chair, David Lepofsky, concerns have been raised about the legality and safety of a new bike lane along Eglinton Avenue West in Toronto. The contentious bike lane, constructed on the sidewalk instead of at road level, has sparked a debate on accessibility, particularly […]

Written by:

Momentum Staff

In a YouTube video posted by prominent disability activist and AODA Alliance Chair, David Lepofsky, concerns have been raised about the legality and safety

of a new bike lane along Eglinton Avenue West in Toronto.

The contentious bike lane, constructed on the sidewalk instead of at road level, has sparked a debate on accessibility, particularly for individuals with visual impairments.

Lepofsky, a former lawyer and leading advocate for disability rights, sheds light on the lack of clear tactile differences in the bike lane’s design, posing significant risks to blind pedestrians and others. The situation, he said, contradicts the right to equality protected by various laws aimed at ensuring accessibility and well-being for individuals with disabilities.

The City of Toronto’s decision to implement the bike lane on the sidewalk has prompted inquiries into the approval process and responsible design authority.

Lepofsky is questioning the individuals behind the decision, asking in the video, “Who designed this, who approved this?”

The problem with the design seems to stem from the need to have marked differences in texture between the safe sidewalk and the raised bike lane in question.

According to Lepofsky, with just a slight change in paving texture between the sidewalk and the bike lane there is not enough difference between the two areas for him or any other blind person relying on a cane, which results in a serious hazard.

To illustrate the dangers of the new bike lane, David Lepofsky offers a visual demonstration in his YouTube video, emphasizing the immediate need for corrective measures. The

AODA Alliance, in response to the situation, invited individuals to learn more about the issue on their website and the dedicated built environment page.

In a conversation with the

Toronto Star, a representative from the city affirmed that the recently implemented bike lanes did actually adhere to AODA legislation.

According to Becky Katz, the manager of pedestrian and cycling projects at the City of Toronto, bikeways at sidewalk level incorporate a textured surface between the sidewalk and the elevated cycle track, providing detectability for pedestrians using a foot or cane. Katz acknowledged a preference for a change in elevation and mentioned that the city has now adopted beveled curbs as the standard design for raised bikeways moving forward.

National Observer November 29, 2023

Originally posted at https://www.nationalobserver.com/2023/11/29/news/bikes-people-everyone-wants-safe-lane-travel

Bikes and people: Everyone wants a safe lane to travel

By Abdul Matin Sarfraz | News | November 29th 2023

Experts say it is important for cities moving ahead with more sustainable and environmentally friendly initiatives, like bike paths, to consider safety for disabled, blind and sensory-impaired people, as well as all pedestrians. Photo City of Vancouver

Advocates of the visually impaired in Toronto are raising the alarm about a bike lane design they argue poses a significant danger to some pedestrians.

David Lepofsky, chair of Accessibility for Ontarians with Disabilities Act Alliance (AODA), recently experienced the hazardous design first-hand during a walk with a sighted friend.

Lepofsky, who is blind released a video that shows his walk with a cane along the north side of Eglinton Avenue, east of Avenue Road. In the video, he highlights his difficulty distinguishing between the sidewalk and the raised bike lane, which are at the same level. This transition is nearly imperceptible to those who rely on tactile cues rather than visual ones, he noted.

“For Toronto to establish a new bike path right on the sidewalk, and not at road level, very obviously endangers blind pedestrians who have no way of knowing they’re straying into a bike path,” said Lepofsky in a statement sent to Canada’s National Observer. “I certainly don’t want to walk in the middle of a bike path, but when I’m on this sidewalk, I have no way of knowing there is a bike path here!”

Lepofsky’s concerns aren’t unique. Across Canada, similar challenges are being launched in cities such as Maple Ridge and Victoria, B.C. This comes as many communities are working toward becoming greener and more sustainable with such initiatives as increasing bike lanes.

Even when a line of dark pavement is added to indicate the bike lane on a sidewalk, Lepofsky said blind individuals cannot detect the colour change and only depend on the surface texture to navigate.

“It is especially infuriating that this happened in a city and province which are required by law to become accessible and barrier-free to Ontarians with disabilities by 2025. Our city should not treat people with disabilities as expendable second-class citizens,” said Lepofsky, a lawyer and associate professor at the University of Toronto.

The video suggests the design contravenes the right to equality for individuals with disabilities as outlined in the Charter of Rights, the Ontario Human Rights Code, and the Accessibility for Ontarians with Disabilities Act.

David Lepofsky, who is blind, released a video that shows his walk with a cane along the north side of Eglinton Avenue, east of Avenue Road. Screenshot from video

However, a City of Toronto official defended the design, asserting that placing bikeways at the same level as sidewalks enhances road safety.

Experts say it is important to prioritize safety for disabled and visually impaired individuals, along with all pedestrians, as Canadian cities pursue sustainable and environmentally friendly initiatives, like building bike paths.

“Most traffic collisions that result with fatalities or serious injuries are a result of interactions involving a person operating a motor vehicle,” said Becky Katz, manager of cycling and pedestrian projects for transportation services at the City of Toronto. “Bikeways at the same level as sidewalks, such as the bikeway on the north side of Eglinton Avenue West, east of Avenue Road, have shown to increase road safety by reducing such conflicts.”

This design is being used elsewhere in the city and in other jurisdictions, Katz added.

Katz also highlighted adherence to the Accessibility for Ontarians with Disabilities Act (AODA) legislation, stating that tactile paver strips, detectable by cane or underfoot, were incorporated into the design. While acknowledging beveled curbs are the city’s preferred design for raised bikeways, Katz said sidewalk-level bikeways are still supported in specific contexts.

The City of Toronto emphasized its commitment to refining designs and ongoing engagement with the disability community to meet safety expectations.

Experts say it is important for cities across Canada moving toward more sustainable, zero-emission and environmentally friendly initiatives, like building bike paths, to consider safety for disabled, blind and other sensory-impaired individuals, as well as all pedestrians.

“Green infrastructure needs to be inclusive. It needs to be safe infrastructure,” said Ron Buliung, a professor in the department of geography, geomatics and environment at the University of Toronto. “We need to be equally committed to compliance with accessibility regulation, creatively going beyond compliance, and making it work for everyone.

“We should keep in mind that designing for inclusion creates all manner of possibilities. When we do things right, and actually, according to law, when we design and build inclusively, the outcome may benefit everyone,” added Buliung.

Bike paths at the same level as sidewalks are a cause for concern in other cities.

In June, a visually impaired woman in B.C. filed a discrimination complaint related to city roundabouts and bike lanes. She alleges the City of Maple Ridge created unsafe walking conditions for individuals with disabilities.

In 2020, the B.C. Human Rights Tribunal agreed with a complaint that argued bike lanes in Victoria discriminated against the blind by separating sidewalks from “floating bus stops.”

In Vancouver, the city is expanding its cycling network of 331 kilometres and adding low-stress routes that are safe and comfortable for people of all ages and abilities.

“When designing new cycling facilities, we consider a wide range of design guidelines and best practices for building cycling routes,” said Fiona Hughes, senior communications specialist with engineering services at the City of Vancouver. “We also engage with stakeholders to ensure cycling routes meet the needs of all road users, including people with accessibility challenges, such as the city’s persons with disabilities advisory committee and other local stakeholders.”

When designing protected bike lanes adjacent to sidewalks, the type of separation can vary but, in general, the city strives to provide cane-detectable separation by grade separating the biking area from the sidewalk with a beveled curb or using a landscaped buffer, Hughes added.

This story was produced in partnership with Journalists for Human Rights for the Afghan Journalists-in-Residence program funded by the Meta Journalism Project.

November 29th 2023

Photo of Abdul Matin Sarfraz

Abdul Matin Sarfraz

Journalist

@matinsarfraz