District of Columbia Sued Over Unsafe Crosswalks for Blind Pedestrians

Pedestrian and vehicle accidents often occur when a driver is not paying attention and/or if a pedestrian is careless. Occasionally, the designers of the intersection are also blamed, but proving that roads are a design flaw can be an uphill challenge. However, a new lawsuit seeks to use disability laws to promote pedestrian safety.   

Mary Spitzer, 81 years old, was crossing the street in her electric scooter in downtown DC when a truck missed a stop sign and struck her. Spitzer was taken to Ascension Sacred Heart Bay Hospital, where she passed away.

Spitzer lived in a tower that served as a home to seniors and disabled residents. Elderly residents can often be seen scooting around that portion of downtown. Neighbors contend that the intersection was known to be dangerous, including by Spitzer herself. The neighbors have organized a protest and argue that the stop signs of the four-way stop are hidden by trees or light poles. Two months earlier, 53-year-old Donna Santiago was also killed after being struck by a car.

In May 2025, the DC Council of the Blind and five individual plaintiffs filed a class action against the District of Columbia. The lawsuit alleges that systemic barriers prevent blind and low vision pedestrians from safely crossing the vast majority of signalized intersections in the city. Although the District had installed visual pedestrian signals at about 1,600 intersections to ensure pedestrian safety, only a fraction of those intersections have devices with audio or tactile cues for the visually impaired. Intersections that are equipped with such signals allegedly have installation or maintenance issues.

Disability Law Requirements

Most discrimination laws forbid employers or businesses from taking an action that results in illegal discrimination against a person. Laws against sex or gender discrimination require that businesses treat everyone equally, which means providing the same services or employment benefits to everyone regardless of their sex or gender. Laws against racial discrimination require that businesses treat everyone equally regardless of race. In most instances, the company is only forbidden from taking an action rather than having to actively address inequality.  

However, there are subsets of discrimination laws that require businesses to affirmatively provide services under certain conditions. Under the Americans with Disabilities Act, businesses are required to provide reasonable accommodations for disabled customers. An accommodation is reasonable if it can be implemented without causing undue hardship for the business.

A “reasonable accommodation” does not have to be one specific adjustment. The law encourages businesses and employers to compromise with those who are impaired to come up with a reasonable solution.

Failure to Accommodate Does Not Always Result in Injury

Cities should ensure that their intersections are safe for everyone. Outfitting 1,600 intersections with audio signals would be somewhat time-consuming and potentially costly, but saving lives is worth the money.

However, Spitzer’s death was arguably not caused by the lack of audio signals. The driver who hit her allegedly missed a stop sign. Even if the intersection lacked the necessary audio signals to warn a blind pedestrian, it was the unsafe truck driver who was ultimately responsible.

Should I Speak With a Lawyer for Help With ADA Issues?

If you have any questions about disability discrimination, whether you’re an employee, an applicant, or an employer, it’s best to seek advice from a discrimination lawyer. A discrimination lawyer can advise you regarding the specifics of the ADA, determine if there are any reasonable accommodations that should be made, and represent you in court.