Kalamazoo ADA Compliance: Remote Public Comment, Accessible Parking, and Disability Equity

Disability is a protected class under federal law. Under Title II of the Americans with Disabilities Act (ADA), local governments must ensure that people with disabilities have equal access to public services, programs, and activities.

That includes public meetings. It also includes meaningful access to downtown infrastructure, including accessible front-door parking for residents who rely on driving.

ADA “Major Life Activities” and Why Access Is Not One-Size-Fits-All

The ADA’s definition of disability is not limited to what the public can see. A disability may include a physical or mental impairment that substantially limits one or more major life activities—for example: walking, standing, lifting, speaking, breathing, working, concentrating, communicating, caring for oneself, or the operation of major bodily functions (such as neurological, respiratory, circulatory, immune, or endocrine functions).

That matters because “access” is not just a ramp at the door. Access is whether a person can realistically participate without triggering symptoms, risking health, or losing functional independence.

Visible Disabilities and Physical Barriers

Some residents face barriers because they cannot safely attend City Hall or stand at a podium due to:

• Wheelchair use, walkers, mobility aids
• Paralysis or spinal cord injury
• Severe arthritis or joint degeneration
• Amputations
• Multiple sclerosis (MS)
• Parkinson’s disease
• Neuromuscular disorders
• Chronic pain conditions that limit standing/sitting endurance
• Respiratory conditions that limit exertion

Traveling downtown, navigating parking, entering a building, waiting through long agendas, and then standing to speak under time pressure can be physically prohibitive. Remote participation can remove or reduce these barriers.

Invisible Disabilities: Not All Barriers Are Visible (and Not All Are Mental Health)

Many disabilities are invisible—meaning a person may look “fine,” while still being substantially limited in major life activities. This includes mental health and neurodivergent conditions, but also serious medical and neurological conditions.

Examples of invisible disabilities and health conditions that can make podium-only participation prohibitive

• Neurological: epilepsy/seizure disorders, chronic migraine (including vestibular migraine), traumatic brain injury (TBI), peripheral neuropathy, MS with fluctuating symptoms
• Cardiovascular: congestive heart failure, coronary artery disease, arrhythmias, Postural Orthostatic Tachycardia Syndrome (POTS)
• Pulmonary: COPD, severe asthma, other conditions limiting breathing or exertion
• Cancer / immunocompromised: active cancer treatment (chemotherapy/radiation), post-cancer fatigue syndromes, transplant recipients, immunosuppressive therapy
• Autoimmune / inflammatory: lupus, rheumatoid arthritis, Crohn’s disease and related conditions
• Endocrine/metabolic: diabetes (risk of hypoglycemia during stress/long waits), thyroid/adrenal disorders
• Chronic pain/fatigue: fibromyalgia, ME/CFS (chronic fatigue syndrome), Ehlers-Danlos syndrome, degenerative disc disease
• Mental health / neurodivergence: generalized anxiety disorder, social anxiety disorder, panic disorder, PTSD, autism spectrum disorder, sensory processing disorders, major depressive disorder, bipolar disorder
• Communication impacts under stress: speech disorders or stuttering that worsens with pressure, selective mutism, stress-triggered cognitive shutdown

Why in-person podium rules can be an access barrier

For some residents, speaking in City Hall can be disabling due to factors like:

• Stress-induced symptom flares (pain, dizziness, shortness of breath, heart symptoms)
• Panic attacks or trauma responses in hostile or confrontational environments
• Sensory overload from crowds, lighting, noise, or being recorded/on-camera
• Medical needs (medication timing, blood sugar management, oxygen equipment)
• Fatigue or limited stamina from chronic illness or treatment
• Safety concerns for people who cannot safely appear on camera or be publicly identifiable

The point is simple: disability access is not limited to whether someone can stand at a podium. It’s also whether the format permits participation without excluding people whose disabilities limit speaking, communicating, traveling, or tolerating high-pressure public confrontation.

ADA Title II and Public Meeting Access: Why Remote Comment Can Be a Reasonable Modification

Under ADA Title II (implemented through regulations in 28 CFR Part 35), public entities must provide people with disabilities an equal opportunity to participate in services, programs, and activities. This often includes providing reasonable modifications and ensuring effective communication where needed.

Public comment is not a “nice-to-have.” It is part of civic participation—and participation is meaningless if the format effectively excludes people with disabilities. That is why remote call-in / virtual comment can function as an accommodation for people whose disabilities substantially limit major life activities such as traveling, standing, speaking, breathing, concentrating, or communicating in a public setting.

A key practical issue: comments should be included in the official record the same way in-person comments are. Hybrid formats can do this by:

• Taking live call-in comments during the same public comment period
• Allowing remote video testimony as an equivalent option
• Accepting written comments read into the record or logged as part of meeting minutes

If remote participation is removed after being proven feasible, disabled residents may reasonably question whether equal participation is still being provided in a meaningful, functional way—not merely in theory.

Driving Is Access: Disabled Residents Aren’t Required to “Walk or Roll” Downtown

A frequent blind spot in urban planning rhetoric is the assumption that “access” means walking, biking, or rolling short distances. In reality, many people with disabilities depend on driving to live independently.

For many disabled residents, a car is not a luxury—it’s a mobility aid. Some people cannot:

• Walk more than a short distance due to pain, balance issues, neurological limits, or cardiopulmonary conditions
• Push a manual wheelchair for long distances, inclines, snow/ice, or uneven pavement
• Carry oxygen equipment, medical supplies, mobility devices, or caregiving items from distant parking
• Tolerate exposure risks in crowds due to immune compromise

That’s why front-door ADA-designated parking—close to entrances—can be the difference between access and exclusion. When accessible spaces are reduced, moved farther away, or functionally replaced without equivalent front-door accommodations, disabled residents may lose practical access to:

• Banking and financial services
• Downtown retail and restaurants
• Medical appointments
• Government offices and public services
• Community events

If a planning framework treats “walking city” outcomes as the default and car access as optional, that can create structural inequity for people whose disabilities make driving essential. Inclusive planning must serve residents who walk, roll, ride, and drive.

How to Report Disability Discrimination Against a Local Government

If you believe you experienced disability discrimination involving a local government (such as meeting access barriers, denial of reasonable modifications, or unequal participation), you can document the issue and consider filing a complaint.

Step 1: Document the barrier

• Date/time and location
• What happened (specific barrier or denial)
• What accommodation you requested (remote comment, alternative format, etc.)
• Who you contacted and what response you received
• How the barrier affected your ability to participate or be included in the official record

Step 2: Local ADA Coordinator / Grievance Process

Title II regulations generally require public entities to designate an ADA coordinator and have a grievance procedure. You can request the City’s ADA coordinator contact and the grievance process in writing and submit a complaint through that channel.

Step 3: Michigan Department of Civil Rights

You may also contact the Michigan Department of Civil Rights (MDCR) to inquire about filing a discrimination complaint.

Step 4: U.S. Department of Justice (ADA Title II)

The U.S. Department of Justice Civil Rights Division accepts ADA complaints involving state and local governments. (Search: “ADA Title II complaint DOJ” to find the official complaint portal.)

Note: This article is civic commentary and not legal advice. If you need case-specific guidance, consult an attorney experienced with ADA Title II matters.

Conclusion: Accessibility Is Participation

Disability is not always visible. “Major life activities” can be limited in ways the public doesn’t recognize.

Driving is access. Remote participation is access. And for public meetings, access includes having your comment included in the official record.

If disability equity is to be treated with equal priority, it must be embedded structurally in civic participation formats and downtown access planning—not treated as an afterthought.

Richard Stewart
Kalamazoo, Michigan
www.richardstewart.com

Independent Opinion Disclosure:
This article represents the independent personal opinion of Richard Stewart. It does not reflect the views, policies, or positions of REO Specialists LLC, Real Broker LLC, any governmental entity, or any organization with which he is affiliated. The discussion is provided for civic commentary purposes only and does not constitute legal advice.