SacBee: sidewalk repair

The SacBee published an article in January entitled ‘$20k? Homeowners in some Sacramento neighborhoods are billed more for sidewalk repair‘. The article is about the charges the City of Sacramento has made to homeowners, primarily in low income areas.

City code specifies that property owners are completely responsible for repair of sidewalks adjacent to their property. State streets and highways code seems to allow the city to claim this. The two relevant sections within Chapter 22: Maintenance of Sidewalks are: Article 2. Repairs and Article 3. Collection of Cost of Repair. I have previously made the claim that both state code and city code are unconstitutional, because they make persons responsible for maintenance of property that belongs to the city, not the person. In almost all cases, sidewalks and the land on which they lie is city property, not private property. This is particularly egregious when the sidewalk damage is due to city-owned trees in the sidewalk buffer (which the city calls planting strips).

Therefore, I believe that it is illegal for the city to charge property owners for sidewalk repair.

The major focus of the article is that low income communities are being unfairly targeted for sidewalk repair, with a graph that indicates that. That is one interpretation of the data, and it would not be surprising. The city has always and continues to treat lower income communities and people of color with bias. There is another explanation however. Sidewalks in lower income communities were very likely built to lower standards than in others, and it is likely that the city has never maintained any of them, except in some locations placing ADA ramps at corners. I notice in the central city that many sidewalk cracks are covered with asphalt patches, which were placed by the city. I have not noticed these patches in lower income neighborhoods. It is likely that the city is doing work in moderate and high income areas that they are not doing in lower income areas. The central city has more construction projects than other areas, which often result in the sidewalks being repaired or replaced. The central city has also seen a lot more installation of new corners with ADA ramps that other areas of the city. This makes some sense because much of the central city has higher pedestrian (walker) levels, but this fact does not overcome the fact that there are walkers in disinvested neighborhoods, and in particular, children walking to and from school deserve good sidewalks more than anyone else.

I have been in the habit of reporting sidewalk issues through the city’s 311 app. This article has made me rethink reporting. Am I causing unaffordable repair bills for people who can’t afford it? Is the sidewalk flaw really that bad? I’ve decided to stop reporting sidewalk locations, until these issues are resolved.

My next steps are to make a suggestion for how the city can mitigate these repair costs, and for the city to inventory its sidewalks so that it knows what the situation is throughout the city, rather than a complaint-driven system that is almost certain to have bias. Coming up!

photo of broken sidewalk, V St, Sacramento
broken sidewalk, V St, Sacramento
photo of sidewalk repaired due to damage by a city owned tree in a city owner sidewalk buffer, P St
sidewalk repaired due to damage by a city owned tree in a city owner sidewalk buffer, P St

our racist and classist transportation system

I almost continuously find myself thinking about our transportation system, as it exists now, and wondering, how did we get here? How did we get to a car dominated city, where the lives of people who walk and bicycle and take transit are valued less than those who drive? How come our sidewalks are in poor condition, and the city insists that it is not their problem to solve? How come we spend nearly all of our transportation dollars on freeways and interchanges, and relatively very little on streets? How come people outside cars don’t feel safe, both from traffic and from concerns about personal safety? How come the police don’t enforce laws against driver behavior which endangers people walking – specifically, egregious speeding on streets, and failure to yield to people in crosswalks? How come the city is so spread out that many people feel it necessary to drive? How come?

Well, the answer is obvious for those who care to look, and to think. We have a transportation system that was built around racist and classist values. The City of Sacramento (and Caltrans) built freeways through low income neighborhoods, on purpose. The freeways were built, not for the benefit of the communities they run through, but for commuters passing through, on their way from single family houses to jobs. The freeways don’t even serve freight and commerce very well, because they are congested with commuter traffic through which trucks must crawl. The city and Caltrans are further widening these freeways, as we speak.

The city approved developments, from World War II onward, that did not have sidewalks. Of course there are some neighborhoods, high income, that don’t want sidewalks because they want to preserve that rural feeling, but I doubt there was ever a middle income or low income neighborhood that didn’t want sidewalks. The city did not require them because leaving them out made for a higher profit for developers, less space taken up by sidewalks, and lower street construction costs. (I am not against developers, but governments routinely cave to developer requests to reduce infrastructure costs, rather than ensuring good infrastructure for all citizens).

And where there are sidewalks? They are often in poor condition. I live in the central city, where sidewalks get repaired, or at least patched. But I also walk in other neighborhoods populated by lower income people of color. There, the sidewalks are not in good condition. Many are too narrow for people to walk side-by-side, and certainly too narrow for people with mobility devices to pass. Curb ramps are scarce. Root heaves go unrepaired. People park blocking sidewalks, and the city does not enforce that. Most city parking enforcement is focused on the central city, where there is metered parking and therefore easy-to-write tickets. The outlying areas, where sidewalks are much more frequently blocked by illegal parking, not so much.

The city has started to pay more attention to low income neighborhoods and people of color. There have been projects completed, and awarded but not constructed, that start to address the past inequities. But it is too little, and too slow. The city is still focused on maintaining the speed and flow of motor vehicles, and not on the people who live here.

The city is also making progress on allowing a greater density of homes, both infill in the central city and incremental densification of single family house neighborhoods. But they are also encouraging and supporting greenfield developments at the periphery, which exacerbates all of these problems.

You might think I’m picking on the City of Sacramento. No. All of this is true of every other city and unincorporated place in the region. But the city is where I live, and where I experience this every day.

I am a white, male, older, middle class person. I am not the person against who these harms were directed, other than being a walker, bicyclist, and transit user.

Why is this history important? If we don’t recognize the racist and classist nature of our existing transportation system, we can’t undo the damage done in the past, and make sure that it never happens again in the future. I think the recognition of this should part of every discussion on transportation, of every engineering and planning action. In the same way that an acknowledgement of native lands helps us remember the harms of the past, the need to address these, and the people still living here, an acknowledgement of the racist and classist transportation system can help us to a better system.

These concerns fall under the category of equity, but I’ve not used that word here. Equity has largely become a checkbox for transportation agencies, and when it is taken seriously only says “we’ll do better in the future”, it does not recognize the damage to be reversed.

Our existing transportation system is profoundly racist and classist. We must acknowledge this in each and every transportation decision, so that we may work to undo the harms of the past and ensure that no harms are perpetrated in the future.

Dan Allison, Getting Around Sacramento
broken sidewalk on Sutterville Rd

Since I’d like this to be part of every discussion and decision, I welcome your input on how to make this statement more succinct and powerful.

Is law enforcement the answer?

From my post on Vision Zero and law enforcement, it might be assumed that I think increased enforcement is the answer. I’m not so sure. The problem is that law enforcement in general, and traffic enforcement specifically, has long been used as a tool by law enforcement to harass and oppress people of color, low income people, and the homeless. As a white male, or course, I don’t experience this, but I certainly observe it happening to others. I see it in Sacramento, I see it everywhere I travel. It is part of the purpose of law enforcement to maintain privilege for those in power. And it can, and does, also protect people. But the privilege function seems to me to overwhelm the protection function. It is certainly true that people of color and low income, and the homeless, do not trust law enforcement officers, because they have long been victims. Having a tail light out, which results in a stop, and frequently a search, and sometimes brutality, and sometimes even death, does not lead anyone including me to think that simple enforcement is a solution to traffic violence. And yet, ignoring the real threat of traffic violence, which affects people of color, low income, and homeless, far more than people of privilege, is not a solution either.

So, what to do?

Automated speed enforcement (ASE) is part of the answer. Cameras don’t racially profile, and assuming that there is no bias in sending tickets, does not oppress. The city has included a recommendation for ASE in the Vision Zero Action Plan: 3.4 Support state Automated Speed Enforcement legislation. Of course speeding is much better controlled by street design, but ASE can contribute to a reduction in the number and severity of collisions, particularly during the long period of time it will take to fix our unsafe streets.

I have a theory that most traffic violations, at least the ones likely to result in fatality and severe injury (KSI), are the result of what I call egregious violators, those who continuously and flagrantly violate the law. These are the ones that are not going 30 in. 25 mph zone, but going 50 in a 25. If ASE can catch these drivers, and eventually remove them from the road, I would expect a great decrease in KSI.

Another solution is to prevent law enforcement from using stops as a pretext, for the purpose of racial profiling. A stop should be just a stop, dealing with the violation and no more. That will take a change in law enforcement policies and attitudes, and probably changes in law that restrict officers in what they can do on traffic stops. When traffic stops shift from low riders to Escalade drivers, we will have made some progress.

Another solution, one implemented in some European countries, is that a traffic violations of safety significance results in a ticket whose amount depends on either the value of the vehicle or the income of the driver, and is not a flat rate. Standard violation fees, with court and processing costs added on, are a huge burden to many lower income people, while high income people hardly notice. If you don’t think that income matters, look at parking violations. Many higher income people routinely get parking tickets, every day, but it does not change their behavior, they see it just as part of the cost of getting the best parking spot and keeping it.

To implement Vision Zero in Sacramento, the community is going to have to talk about how law enforcement has long affected people of color, and continues to. We are going to have to come up with solutions that reduce and eliminate the effects of profiling based on race, income, and housing status, and the disparate impact of tickets on different income levels. I don’t have the answers, but I have faith that the WHOLE community does.

What do you think?