You are on page 1of 3

Seventh Floor

1501 M Street, NW
Washington, DC 20005-1700
Phone: (202) 466-6550
Fax: (202) 785-1756

October 20, 2010


(Ivan Seidenberg, Chairman and CEO, or another need name/title)


{Inside Address}

Dear Mr. Seidenberg:

I have been asked to represent the interests of Ms. Nancy Flinn in her dispute with
Verizon, the District’s Public Service Commission and possibly other covered entities
who authorize and maintain the continued existence and use of a utility pole in question,
relative to the proposed change in location of the utility pole that currently sets adjacent
to and leaning on her home on 2714 ½ Poplar St in Northwest Washington, DC.

She has for several years brought to the attention of your company and the Commission
the interference this pole has caused her to the quiet enjoyment of her home. She has
written numerous letters and testified before the DC Public Service Commission. I am
attaching the testimony she verbally delivered before Commission regarding these
matters. She has attempted in every way to amicably resolve this matter, but there seems
to be no appropriate response to her continued pleas for understanding, security, safety,
and peace in the use of her home. Now, my client learns the pole in question will be
moved from the northeast to the northwest corner of her home and resolves none of the
concerns she has raised with you before.

Today, we raise a significant and new concern regarding where the proposed placement
of the new pole will be located. In the event the new placement of the pole will impede
pedestrian traffic, especially people who use wheelchairs and motorized scooters, along
and in front of Ms. Flinn’s home, which is very likely as Ms. Flinn enjoys relationships
with numerous people with disabilities who use mobility devices of various types and
forms, Verizon, the City of Washington, DC and possibly other of its authorized entities
engaging in this decision and act of pole placement, may well be violating the Americans
with Disabilities Amendments Act and regulations promulgated thereunder by the U.S.
Department of Justice and The Access Board (5 U.S.C. 301; 28 U.S.C. 509, 510; 42
U.S.C. 12134.)

The ADA standard to be achieved is to permit adequate accessible space to exist between
the pole and any parked car or other structure along the sidewalk space of Poplar St, NW
so that any and every pedestrian can move freely and safely along the route of travel in
front of Ms. Flinn’s home. If the pole’s placement blocks a required accessible element
(e.g., narrowing the sidewalk unnecessarily), the ADAAA and its regulations would
require moving it or removing it as a matter of program access, unless the City can
demonstrate that a second placement of the pole would constitute an undue burden, which
is highly unlikely. We suggest the pole not be placed along any part of the front of Ms.
Flinn’s home but to another location, preferably across the street from Ms. Flinn’s home,
where there appears to be adequate passage space on the route of travel that no violation
of the ADAAA and its regulations would occur.

I am copying Derek Orr, Director, the District of Columbia’s Office of Disability Rights
on this correspondence so that his office is forewarned of this probable ADAAA
violation by the District and if he chooses to become engaged in assisting us in resolving
this matter as appropriately as possible.

We respectfully request that Verizon desist from moving the pole location from the
northeast to the northwest corner of Ms. Flinn’s home and resolve this issue as quickly
and as amicably as possible.

We expect a reply to this request.

Sincerely yours,

EMBED Word.Document.8 \s

John D. Kemp

cc: Nancy Flinn

Ivan Seidenberg
October 20, 2010