Salem Man Sues City Over 'Parklets'

SALEM, MA — A Salem man filed a federal lawsuit against the city, claiming that two "parklets" the city created in parking spaces on Lafayette and Washington Streets earlier this year do not comply with the Americans With Disabilities Act. Stephen C. Kapantais Jr. has disabilities that impair his movement, including extensive neuropathy. In his complaint, he says the parklets are "inaccessible to persons using white canes, service dogs, [and] wheelchairs."

Dominick Pangallo, chief of staff to Salem Mayor Kim Driscoll, declined comment because the litigation is still pending.

Kapantais wants the parklets at 60 Washington Street and 45 Lafayette Street "immediately removed" until they are designed to comply with ADA. "By failing to remove the architectural barriers...defendant discriminates against plaintiffs and violates the Americans with Disabilities Act," the complaint said.

When they were installed, the city said they would remain in place "at least through September" and could be reinstalled next year. Salem Building Inspector Tom St. Pierre inspected the parks last week and briefed Driscoll and City Solicitor Elizabeth Rennard on Monday about the problems.

"Tom pointed out issues with the parklets such as the depth of the turf at both and turnaround space off the ramp and umbrella height at Lafayette. I just left a message for the DPW asst. dir. about this work (some of which I thought was already done) and when they are scheduled fix them or take them out entirely," Rennard said in an email to Kapantais Monday. "Tom has looked at designs/regs for parklets in other communities and will assist if they are planned for next year."

The city opened its two parklets last month. Other parklets have been opened by nonprofit organizations in Salem this year. The parklets typically take up one or two street parking spots in front of a business and use them as an outdoor space with chairs and other amenities.

The case was filed last month and a summons was issued to the city Tuesday. The Massachusetts Office on Disability has declined to make a ruling on whether the parklets comply with state and federal laws because of the pending litigation.