Disabled woman ‘trapped on a footpath’ wins legal battle in York

A disabled woman has won a legal battle with City of York Council after she accused them of breaking equalities law.

Flick Williams, a visually impaired wheelchair user, found herself trapped on a footpath while out shopping in York city centre in May last year.

On leaving a shop, she found cafe furniture had been put out while she was inside, blocking the dropped kerbs on either side – effectively creating an island on which she was trapped.

The disability rights activist and campaigner said: “This was an extremely distressing experience that put me into conflict with the staff of the business with the furniture out on the pavement.

“They were busy justifying that they had a licence from the council, regardless
of the fact that it had effectively prevented me from leaving.”

Ms Williams submitted a claim to York County Court for disability discrimination, with the council eventually settling out of court for an undisclosed sum.

She added: “As someone who has been disabled since before we even had legislation to protect us from discrimination, I decided that I must use this hard-fought for legislation (the Equality Act 2010) to try to rectify the situation.

“I had tried repeatedly to get the council to listen but all they did was defend their position on cafe licensing, despite the fact I believed they were licensing unlawfully.”

Not listening

The council allowed York businesses to set up pavement cafes more easily under the government’s emergency Covid legislation in 2020.

But Ms Williams and others consistently argued that the way it was implemented in York broke equalities law, as many cafes did not leave the necessary 1.5 metre width clear on the footpath to allow pedestrians to pass unimpeded.

The council changed the rules towards the end of last year after admitting that allowing pavement cafes in every part of the narrow, historic city centre was not possible without impacting disabled people.

Ms Williams, a medically retired disability equality trainer and access consultant, said she would have defended herself if her case had got to court as she would not have been able to afford a solicitor.

She added: “Disabled people are often described as ‘difficult to reach’ but I think it is more a case of local authorities having difficulty listening to what we tell them.

“Had they heard us from the start, this legal action would not have been necessary. I took it as the only available means left to me to effect change.

“Cafe furniture was making getting around impossible for those disabled people still able to get to the city centre despite the blue badge ban. I am delighted that this has helped make positive change happen.”

A City of York Council spokesperson said: “While we do not comment on individual cases, we are sorry that any individual has experienced difficulties with access issues. 

“We recognise that we got it wrong, and are grateful that issues were brought to our attention. In working to meet our ambitions to deliver a more accessible city for all, we will continue to listen and learn from the lived experiences of disabled people.”