Library says it provides other means for the disabled to access resources
By Aria Brent
AFRO Staff Writer
abrent@afro.com
The historic Pennsylvania Avenue Branch of the Enoch Pratt Free Library is not fully accessible to members of the community with physical disabilities. The branch, referred to as Penn-North since it sits at the intersection of Pennsylvania and North avenues, underwent renovations in 2023, and although these changes provided new equipment and spaces for members of the community to enjoy, the building’s elevator was removed, making the space inaccessible for disabled and certain elderly patrons.
Credit: Photo Courtesy of Enoch Pratt Free Library
In March of 2012, Title III of the Americans with Disabilities Act was revised by the Department of Justice to issue a rule that created enforceable accessibility standards. Under this rule, public places such as restaurants, hotels, banks, movie theaters, hospitals and museums are legally required to have features such as ramps or elevators that make the building accessible to disabled members of the community.
Local attorney Dionna Lewis, founder and managing partner of District Legal Group, explained the legal process behind the ADA and why a lack of accommodations in public places is illegal.
“It is illegal by the Americans with Disabilities Act for entities to discriminate against individuals in all areas of public life, which includes the access to public facilities, transportation, employment and various services,” said Lewis. “Also, the state of Maryland has a state specific statute that protects civil rights, including disabilities.”
Libraries are public facilities, making them required to have ADA compliant accommodations for patrons. The AFRO reached out to Enoch Pratt Free Library to further discuss this issue and what solutions they have to offer.
“We have worked with our Facilities Department and the Baltimore Office of Equity and Civil Rights over the past two years to explore solutions for the lack of an elevator at the Penn North branch,” wrote CEO Chad Helton. “Unfortunately, the structure of the building does not allow for wheelchair lifts and the current freight elevator has been deemed unsafe for use. Repairing or replacing it to meet passenger safety standards would cause undue financial hardship, making it unfeasible at this time.”
Penn-North is the only Enoch Pratt location that doesn’t have ADA compliant accommodations such as an elevator, ramp or chair lift.
Marvin L. Cheatham, a local activist and long-time member of the Penn-North community, said he is highly upset to see the facility is now inaccessible to certain members of the community. He understands the financial toll of replacing or fixing the elevator, so he’s offered to spearhead a fundraiser for the cause.
“The Americans with Disabilities Act is a law and they have broken the law. I’ve asked the Community Law Center to take on our case and they have agreed to do so,” said Cheatham. “We’re willing to sit down with the library and some representatives of other communities that are also affected , and we would like to come up with an idea for us to get the funding to put the elevator back or to get the library remodeled so that it meets with the ADA guidelines.”
However, Cheatham said his efforts seem to be falling on deaf ears. He has tried to solicit aid from elected officials but, as far as he knows, they haven’t done anything to help resolve the issue, he said.
“Senator Antonio Hayes and Councilman James Torrence knew the elevator wasn’t put back into the library. Why would these two elected officials allow for something to be built and it’s violating the American with Disabilities Act?” said Cheatham.
Both Hayes and Torrence were contacted for comment regarding the matter. Hayes shared that there are plans in place for a whole new version of the Penn-North branch to be constructed in the next two years.
“The Penn-North Branch of the Enoch Pratt Free Library is an invaluable asset to West Baltimore. Most recently cosmetic improvements were made to the branch in preparation for a larger plan to build a brand new state-of-the-art library at the location,” said Hayes. “Therefore, spending significant resources on the branch to install an elevator at this time would not be fiscally prudent.”
This statement was backed up by Torrence, who explained that plans to demolish the current Penn-North branch and completely rebuild the facility are underway. However, a groundbreaking date or estimated date of completion are not available at this time.
This issue was brought to the attention of Gov. Wes Moore, who shared concern for how disabled patrons were receiving access to computers and other resources that are located on the upper level of the branch.
Enoch Pratt media representative Amy Burke explained that a series of options are available to library guests that are unable to use the upstairs computers.
“According to Pratt Library, the branch has an ADA computer in the lobby for use by anyone, and the circulation desk has laptops they can hand out to anyone who needs a computer in the branch. There are multiple computer resources available,” she stated.
Enoch Pratt shared an additional statement explaining how the building’s lack of full physical accessibility has not stopped them from providing disabled patrons with access to all of the library’s amenities.
“When our ADA Coordinator, alongside staff from the Baltimore City Office of Equity and Civil Rights, assessed the Penn North building, it was determined that due to its structural limitations, there was no way at the time to make the building fully ADA-accessible,” the statement read. “However, we want to emphasize that this conclusion was not the end of our efforts. We are still actively looking for ways to make Penn North more accessible while balancing the constraints of the building and available resources.”
The statement went on to explain how their accommodations are, in fact, legal and under compliance of Title II of the ADA.
“Our accessibility and leadership teams have had many conversations with our legal team and others knowledgeable on the topic and it’s important to note that due to the circumstances, the Pratt Library is not breaking any laws.”
The Library cited details from the ADA guidelines specific to the Penn-North branch and what they are doing to support the community:
Compliance Under Title II of the ADA
- Program Accessibility for Existing Facilities (§ 35.150):
Title II of the ADA requires public entities to make their programs, services, and activities accessible to individuals with disabilities when viewed in their entirety. However, this does not mean that every facility must be fully accessible. While Penn North is not fully physically accessible, we have implemented alternative methods to ensure accessibility:
- Library staff assist patrons by retrieving materials from upper floors.
- Patrons with mobility challenges can use the accessible computer on the main floor to browse the catalog and access resources.
- Surrounding branches, such as Walbrook, are fully ADA-compliant and offer the same storytime programs and materials as Penn North. Walbrook is located less than 2 miles away and is easily accessible by bus.
- Alternative Methods (§ 35.150(b)):
The ADA allows public entities to use alternative methods to achieve accessibility when structural changes are not feasible. Our staff is dedicated to assisting patrons in every way possible to ensure equitable access to materials and services. We also ensure that signage at the Penn North branch and information on our website clearly inform patrons that the building is not fully physically accessible before they visit.
- Structural Modifications and Renovations:
The recent cosmetic improvements at Penn North were funded by a private donation specifically designated for items such as carpeting and furniture upgrades. These updates did not include structural changes, as the funding would not cover and could not be used for such modifications.
- The ADA requires structural modifications only for new construction or major alterations, and these renovations did not trigger an obligation to retrofit or make significant structural changes.”
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