Sidewalk Nation

There is something in virtually every city and town that we use every day but rarely stop to think about.

The sidewalk.

We walk on it, shovel snow from it, place signs beside it and occasionally complain when it becomes cracked or uneven. Yet most of us probably could not answer a seemingly simple question: Who owns the sidewalk?

That question is not nearly as simple as it sounds.

This week, I had Michael Pollack, author of Sidewalk Nation: The Life and Law of America’s Most Overlooked Resource, as a guest on the Amazing Cities and Towns Podcast. Michael is a professor of law and associate dean at the Benjamin N. Cardozo School of Law.

He has taken something most people overlook and demonstrated how it touches almost every aspect of community life.

A sidewalk is part of our transportation system. It connects people to schools, stores, offices, parks, restaurants, places of worship and public transportation. For someone who does not drive, it may be the most important transportation infrastructure in the community.

Sidewalks are also places where constitutional rights are exercised. They are where people distribute campaign literature, carry protest signs, hold conversations, collect signatures and express their opinions. Public sidewalks have historically received some of the strongest First Amendment protections because they are traditional places for public expression.

They are commercial spaces where restaurants offer outdoor dining, merchants display products and vendors conduct business. They are social spaces where neighbors meet, children play and people experience the life of a community.

They are also places where questions of accessibility become very real. A broken sidewalk may be an inconvenience for some people. For someone using a wheelchair, walker or cane, it can become an impassable barrier.

Pollack uses an interesting story to demonstrate how long cities have struggled with sidewalk responsibility.

In January 1851, Ulysses S. Grant, then serving as an Army quartermaster, slipped on an icy sidewalk in Detroit and injured his leg. He sued the owners of the adjoining properties. One of them was Zachariah Chandler, who also happened to be Detroit’s mayor.

During the trial, Chandler reportedly complained that soldiers who remained sober might not fall on other people’s pavement. Nevertheless, the future president won the case. Chandler received a fine of only six cents plus court costs.

There were apparently no lasting hard feelings. Years later, President Grant appointed Chandler secretary of the interior.

The story is amusing, but the question behind it remains relevant: Is the sidewalk the responsibility of the property owner or the city?

The answer varies considerably from one community to another. In many places, cities own the public right-of-way but require the adjoining property owner to maintain or repair the sidewalk. Responsibility for snow removal, tree-root damage, accessibility, construction and injuries may be divided in different ways.

Pollack believes this fragmented approach helps explain why sidewalks receive less attention than streets. Roads normally have a clearly identified department, professional staff, maintenance program and dedicated funding. Sidewalk responsibilities may be scattered among public works, planning, transportation, parks, code enforcement and individual property owners.

His provocative recommendation is that communities establish a “Department of Sidewalks”—or at least designate one office with clear responsibility for sidewalk policy, construction, maintenance and funding.

Not every city needs another department. Small communities certainly do not need another layer of bureaucracy. But every community should know who is responsible for its pedestrian network and whether that network is safe, connected and accessible.

Cities routinely prepare street-paving plans and evaluate the condition of bridges, water lines and public buildings. Perhaps we should give similar attention to the infrastructure located just a few feet from the street.

After talking with Michael Pollack, I came away looking at sidewalks differently.

They may be ordinary, but they are not insignificant. A good sidewalk connects more than two locations. It connects people to opportunity, commerce, government and one another.

That makes the humble sidewalk one of the most important public spaces in any community.