The Second Street stairs are now complete and were reopened a week or so ago, despite the fact that there is no railing. At the Public Works Board meeting on Thursday, David Marston reported that he had run the stairs, going both up and down, and expressed his enthusiastic approval them.
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Of course, if some old man or woman (or anyone, really) falls down the stairs today, tomorrow or any time prior to a railing appearing, their attorney can ask Andy Howard and the contractor's attorney in court why no railing was installed before opening the new stairs to foot traffic. I'd bet that Andy's answers would be amusing. "Yes, the plan all along was to install a temporary railing along the stairs right away so that people would be safe on the stairs, but, ummm.. well.. I don't know why no temporary railing was installed and why we opened up the stairs to the public before doing so. Ask the contractor's attorney, maybe they can explain why their client didn't install a temporary or permanent railing right away."
ReplyDeleteIf there was a railing along the old staircase (as useless as it was) to keep people from falling, doesn't that presuppose that the city understands the importance and legal imperative (?) of allowing people on those new stairs IF AND ONLY if there is a railing to hold on to? That argument may or may not hold up in court, but that's beside the point (though I think a good attorney would make it hold up!). If I fall tomorrow and smash my head or knee on the lovely new concrete steps, you bet your patootie I will be hiring an attorney, and there would probably be no shortage of them who would be interested in presenting my case to a judge. Whether or not a temporary or permanent railing would have kept me from falling, why not try to sue the city if it's so obvious they screwed up and were being so negligent once again. You want trouble? Try this lawsuit on for size!
I get the sense that Andy Howard is not interested in paying attention, or that we don't pay him enough money to pay attention.
Was it always in the plans to install a TEMPORARY RAILING several months after the stairs reopened? How much less will the temporary 200-foot railing cost the city than the PERMANENT RAILING that may be installed in 5 years or so? "Who cares how much a temporary railing will cost, it's all part of the DRI funds given to us! We don't pay a thing!" the mayor responds.
Finally, will the temporary railing be made of plastic, possibly plastic yellow caution tape strung between a dozen or more bright orange plastic DPW cones or barrels at the side of the steps? That ought to prevent the city from being sued and anyone from being hurt or killed on the long and steep concrete staircase. Great job, whoever is in charge! Is anyone "in charge"? It certainly isn't Kamal Johnson, that's for damn sure!
I'm not an attorney, but I know Hudson dumb when I see it. This one is right up there!