I just made one correction to that blog post; it’s really a drainage field, not a ditch. There are at least three big ones around the parking lot there.

Cynthia, you are so right to be working to establish the liability and culpability of businesses (and municipalities too Aaron). I suspect that a major factor in this victory was the danger of people getting hit while walking in the east auto entrance to the store, where they often do and motorists can’t see them well. I was sure to make that point in my initial message to Kroger.

Another thing that could shake businesses from their complacency regarding car-free access is the threat of being charged with a violation of the Americans with Disability Act. If anyone knows of a precedent for this, I’d love to know about it.

That’s interesting. Keep us posted on how your case goes, would you? Is this unprecedented or has anyone ever won a law suit like this before?

Also, are you going to argue that the municipality is also responsible for the design of the streets?

Can’t the businesses just respond to you by saying: Well, zoning allows us — even encourages us — to design our properties like this. Sue City Planning if you don’t like it.