Page 36 - October2019_BarJournal

FEATUREREAL ESTATE LAW

MAKING JUSTICE

ACCESSIBLE

BY MATT ROLF

or nearly a century, an air of comprehensive regulations on accessibility But other county services (such as the
urgency has driven the planning for pedestrians and disabled users. The library) have located new public buildings
and construction of new justice and Ohio Administrative Code touched on this in places that downgrade access to people
detention facilities in Cuyahoga matter, but its sections were repealed in 2007 without cars. The County also maintains
FCounty. Over-burdened facilities, and superseded by revisions to the Building satellite detention facilities in Euclid
over-budget plans, over-extended time frames, Code. The ADA and the Rehabilitation Act and Bedford. Cleveland’s size, notoriety,
and a criminal justice system in dire need of of 1973 also protect prisoners and create centralized location, and infrastructure
reform have often driven the decision making causes of action for enforcement. However, should foreclose the possibility of the Justice
process. Today’s Justice Center Complex is no new development can adhere to the Center’s out-migration, but the Revised
exception to this way of planning, with myriad minimum requirements of the ADA and the Code authorizes county residents to petition
correctional and humanitarian issues that Building Code while still neglecting inmates the General Assembly to relocate a County
must be addressed or at least acknowledged by and focusing on employees and visitors who Seat. While such an ill-advised scenario
any new construction. arrive in cars. Maintaining and improving might seem impossible, it is fundamentally
In addressing the jail’s humanitarian crisis, upon the current state of affairs, and going a political question that could be opened at
we should not overlook the public accessibility beyond the bare regulatory accessibility any time.
of new or renovated justice and detention requirements should be the goal of any The Revised Code contemplates
facilities. The buildings will be accessed and renovation or new construction. accessibility in Chapter 301 when it lays out
used by thousands of citizens who are disabled, Ironically for a city and region that the process for locating or relocating County
who are children, who are elderly, and who have seen so much disinvestment and out- Seats. The term “County Seat” refers to the
may walk or use public transit and bicycles migration from downtown, county offices Seat of Justice, specifically, the location of
to attend hearings or visit relatives. Inmates are subject to displacement pressure from the General Division of the County Court
with disabilities will need accommodations for private capital seeking to establish The Mall of Common Pleas. When new Ohio counties
their conditions. The equitable administration as a tourist destination. In 2014 Cuyahoga are formed, commissioners “shall proceed to
of justice demands that the buildings be County removed several county offices from examine and select the most proper place as a
pedestrian friendly, convenient to public the corner of Ontario and Lakeside to build seat of justice, as near the center of the county
transportation, and meet the needs of disabled a hotel. Those offices were consolidated with as possible, having regard to the situation,
citizens who visit, work, or are incarcerated. other county functions at the corner of E. 9th extent of population, quality of land, and the
The concept of “complete streets” envisions and Prospect. In 2011 the Juvenile Justice convenience and interest of the inhabitants.”
a built environment that promotes pedestrian, Center departed Downtown’s edge at E. 22nd In reality there is a wide range of discretion
transit, and bike access, equalizing those for E. 93rd and Quincy. given to applying these considerations, nor do
transit modes with the usage of cars. Cuyahoga Both of these new county facilities are they apply to other county offices or facilities.
County’s Planning Department has developed happily convenient to public transit and For example, a long simmering dispute
a Complete Streets Toolkit, and the City of accessible by pedestrians. And County in Geauga County has seen the county
Cleveland has released a Complete Streets Council is currently supportive of a new commissioners move and seek to move a
Typologies Plan. Both documents address Downtown Justice Center. Easing the ability steady stream of county offices from the
issues such as setbacks, parking, and building of people to arrive at court on public transit county seat of Chardon to a rural road near
access, and should be relied upon in developing or under their own power can reduce Geauga Hospital. Against the wishes of the
an architectural plan that integrates well with penalties and fines those citizens may face. local Bar, Geauga County has also developed
the ways people travel to and from court. Doing the same for visitors of inmates creates nascent plans to abandon the historic
The Ohio Building Code and the the a more humane jail that may help societal Court House on Chardon Square. A new
Americans with Disabilities Act (ADA) have reintegration for the incarcerated. Courthouse would be constructed on county-
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