Wheelchair-Bound Man Found Guilty

Save

Posted: 12:48 PM Apr 22, 2008
Last Updated: 6:31 PM Apr 22, 2008

29 comments

A | A | A

A Garrard County judge handed down a guilty verdict on Monday for a man, charged with reckless driving in his wheelchair.

Ohmer Portwood was cited for driving his power chair in the road. He says he has no choice but to hit the road, because there was no sidewalk for him to use.

District Judge Bill Oliver ruled Portwood was guilty to an amended charge of breaking the pedestrian code.

Portwood was sentenced to pay a $20 fine and court costs and was ordered to not drive his chair in the street any more.

Portwood says he plans to sue the city of Lancaster in federal court to make sure they bring sidewalks and streets up to code in accordance with Americans With Disabilities Act.

More Stories
Attorneys Say Budget Cuts Could Hurt The Public Safety & Criminal Justice

Change In Coal Mining Regulation

Judge Executive Asks Governor To Consider Tolls

Eastern Kentucky Legislators Hold Forum

Officer Is Under Investigation

Christmas Tree Safety

Chemical Spill In Laurel County

Heating Assistance

Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: dcmerkle Location: Towson, Md on Apr 24, 2008 at 05:53 PM
Where the prosecutor said that Lancaster having no sidewalks for Mr. Portwood was irrelevant to the case just goes to show how Lancaster has no concern for the handicapped. Did that prosecutor realize what he was opening up when he made that statement? Does Lancaster's government realize just how badly they've been portrayed. Guess how much this is going to cost them in tourism trade this summer?

Posted by: Bill on Apr 24, 2008 at 08:28 AM
good ol Kentucky will arrest anyone for 20 bucks.What a bunch of bull.who ever this judge was he needs run out of town,along with the cop writting the ticket.

Posted by: someone with an opinion Location: pikeville on Apr 23, 2008 at 08:40 PM
Though I have never been to Lancaster, I cannot believe in 2008, there are towns that do not provide adequate pathes or walkways , easy access ramps, etc. What is up, what does everyone else do to get around there? Why is he rendered with no choice but to drive.

Posted by: SR Location: Garrard on Apr 23, 2008 at 07:26 PM
You think the Judge will bring him everything he needs? How else will the man get food and the other things he needs. I see him too, and yes I will have to say it is dangerous, but what choice does he have. The sidewalks are a mess in this town, I don't know if the homeowners or the city is resposible for keeping them up, but something needs to be done.. There are other handicapped people in this town too, that I am sure would like to see things made better..

Posted by: Wow Location: Richmond on Apr 23, 2008 at 06:54 PM
@Mary Location: Lancaster Your god must hate you. You think you can judge others and say god will punish them. Then you drive by speedind while on your cell phone and get mad because some one with a disability that has no means of gettin around other than the one he uses might slow you down for a few seconds or make you dirve more carefully. DO us all a favor and finish your martyrdom so that your backward hypocrit ways that ruin this country by your fairy tell book will end.

Posted by: Can't walk Location: Ky on Apr 23, 2008 at 02:44 PM
I am barely able to walk,okay. I have been getting ready to get out of the car(passenger side) at WalMart, to get a wheelchair. Some lazy fat (edited)jumps out of her car and "RUNS" to get the chair ahead of me.People with true handicaps should get special treatment in these cases. If the man in the story has this as his only means of transportation, Lancaster is dead wrong in citing him.I seen the lazy woman I spoke of in the store that day. I could only go to about 2 isles that day. I left there with nothing I came for.People like this should be the ones cited for offenses!!!!

Posted by: Fred Location: Lexington on Apr 23, 2008 at 01:53 PM
Way to go, Lancaster, another huge step back for the Commonwealth of Kentucky!

Posted by: DC Location: Hazard on Apr 23, 2008 at 01:01 PM
This should have never been a vehicular offense. I know of a man in Louisville, KY that got a citation for drunk driving in his wheelchair.That was a gross injustice. That's not a vehicle, people, that wheelchair is his legs. Obstructing traffic, yes. Vehicular offense, NO.

Posted by: Anonymous Location: KY on Apr 23, 2008 at 12:25 PM
I think that most of these people just ride those things because they are just lazy. There are people on them that do not need them.They are a road hazard anyways.If he has to ride in the road to go to a place, he might want to change his route, and he might have just wanted a law suit anyways beacuse people are just sue happy anywas

Posted by: Pmalea Location: Harrodsburg on Apr 23, 2008 at 10:39 AM
I use to work in Garrard Co. over 10years ago and this man was driving in the road then. I also know that people drive way too fast but I think the judge did the right thing but if there is a sidewalk problem they do need to address the problem. My cousin is in a wheelchair and I know the difficulties when sidewalks or old or not wide enough..My cousin cant even come to my house because our bathroom doors arent even wide enough Unless you face the problem personally you dont really think about the different things that need to be considered when making it accesible for disabled people.

Posted by: Beverly Location: Lancaster on Apr 23, 2008 at 09:30 AM
If you are not from Lancaster, please be careful if you do drive through Lancaster! Everyone who is making comments from out of town do not realize what a hazard Mr. Portwood is on the roads. When he left court yesterday I was driving on Danville Road and had to come to a complete stop because he was holding up traffic. Maybe some of our sidewalks aren't the best and do need to be repaired but I don't think it is the city's responsibility to provide sidewalks from a subdivision into town.

Posted by: Diane Location: Mt. Sterling on Apr 23, 2008 at 08:59 AM
I have a brother-in-law who is confined to a wheelchair. He is law abiding and hard working. So I find it hard to understand this judges ruling. If you have ever had to navigate through rough terrain in a wheelchair you would understand why he chose the road. Access is everything to a disabled person. They want to be as independent as possible but can't if a city refuses to at least maintain their sidewalks. Cities pass ordinances all the time requiring homeowners to maintain snow removal or upkeep on their properties. How are these same cities absolved of any responsibility? This judge is out of touch with humanity.

Posted by: c Location: fkt on Apr 23, 2008 at 07:08 AM
I hope Mr. Portwood sues the socks off the city and wins! If the sidewalks are not in good shape, then what the judge has said to this disabled man is: stay at home! Get rid of the judge & those like him who will not even defend our disabled citizens! I further think the federal government should take a look at this case & do something to protect disabled citizens from this type of harassment! Because that's all it is, harassment of a disabled man!

Posted by: Mary Location: Lancaster on Apr 23, 2008 at 06:25 AM
If you haven't tried to drive on the road, or just seen anyone try to drive with Mr. Portwood on the road, then you don't understand. He holds up traffic on a regular basis. I understnad taht some of our sidewalks aren't the best, but he won't even use the brand new ones that are perfectly fine. I think that him being charged will show him that he can't just drive in the middle of the road when he pleases. He is putting himself and other motorists at risk.

Posted by: Wow Location: Richmond on Apr 23, 2008 at 04:12 AM
While District Judge Bill Oliver showed leniency by means of a $20 fine court costs can be as much as $135 or more. By barring the man from his ability to maintains his life by his means of income the judge showed carelessnes. Its an insult that this country cares nothing about the poor or many of the people in this country with real problems. Like lack of sidewalks for handicap and affordable food for everyone.

Posted by: june Location: Ky on Apr 22, 2008 at 11:54 PM
It is SAD that this judge actually ruled against Mr.Portwood - what else was he expected to do but ride in the street when there wasn't a sidewalk to ride on? I hope that Mr. Portwood will indeed sue Garrard Co and will have to bring up to code the sidewalks for the disabled.

Posted by: Anonymous on Apr 22, 2008 at 10:23 PM
the county dont care to sue you so lay it on them there should be a place for the chair to be so im for him the chair rider

Posted by: Elaine Location: Lancaster on Apr 22, 2008 at 09:16 PM
The people that feel sorry for this man should try to drive in Lancaster at a busy time of the day on Hwy. 52 and try to get around him and the other cars without hitting him or the cars coming the other way. The biggest promblem is I have seen people not see him in there cars and almost hit him.

Posted by: Josh Location: Lexington on Apr 22, 2008 at 08:26 PM
I would be ashamed to be the officer who wrote a violation to someone under these cirumstances. If stuff like this occurs in Garrard County, I can assure you I will never be going through there again. On the other hand, I may be ignorant to there local laws on where motorized vehicles should be driven. It would be interesting to see how the book truly reads.

Posted by: agree with both sides on Apr 22, 2008 at 08:00 PM
I am disabled so I understand Mr. Portwood's side regarding making sure streets are up to code in accordance with Americans Disabilities Act. I however do agree that driving a wheel chair on roadways is so dangerous. The motorized wheel chairs are to help with getting around but they are not meant to be on roadways. This is a danger to all involved.

Posted by: Proud to be from Lancaster on Apr 22, 2008 at 07:59 PM
If any of you had seen Mr. Portwood driving his chair in the middle of the road against traffic, you would understand what is going on here. I wish the news would cover the number of calls dispatch has received about Mr. Portwood's creating a hazard on the road.

Posted by: unknown Location: sourthen ky on Apr 22, 2008 at 07:58 PM
this is bad a man get into trouble over riding his wheelchair side the road cause there ant no side walks if i was him id sue the socks off the county and i think they need to put side walks for people to walk on and also for disabled people to ride there wheelchairs on cause how else are they going to go any where unless they go them selfs unless they have someone to go for them and most people charge to take you any where even to store and its not right exspaly a handicaped person

Posted by: terri Location: laurel county on Apr 22, 2008 at 06:54 PM
How dare the county do that to the man!!!! i am outraged!!!!! I too am handicapped. What about the Handicap Laws that say that all businesses and cities must be handicap accessible. It just goes to show you how much our government thinks of it handicap people, and to site him a fine also. It is a good thing this judge is not in my county and it be election time, I wouldn't vote for him.

Posted by: RALPH Location: PIKEVILLE on Apr 22, 2008 at 05:52 PM
YOU MEAN LANCASTER HAS NOT GOTTEN UP TO CODE. I THOUGHT THIS WAS SOMETHING THAT WAS TO HAVE BEEN DONE YEARS AGO. I KNOW ALL BUSINESS AND OTHER PUBLIC PLACES ONLY HAD A CERTAIN ADMOUNT OF TIME WHEN THE LAW WAS PAST TO COMFORM TO CODE. YES LANCASTER SHOULD BE THE ONE FINED AND MADE TO CONFORM TO CODE.

Posted by: steve Location: lincoln co on Apr 22, 2008 at 05:46 PM
how pathic... doesnt the lancaster police have anything esle better too do with their time than harrase inocent disabled people who are in wheel chairs... if they have so much time on their hands why arent they out looking for the people who are committing all the home invasions and hurtting innocent people there... i hope Mr Portwood sues the city of lancaster and wins.....

Posted by: Traci Location: Nicholasvlle on Apr 22, 2008 at 03:15 PM
Though I agree with Mr. Portwood that there should be sidewalks for those with disabilities to go from one place to another, I have to agree with the judge as well. My father in law rode across a very busy road in his chair...dropped his phone, ran over it and proceeded to stop traffic trying to pick up the phone. Those kind of incidents are a danger to number 1 the person in the chair and 2 to the drivers who have to quickly maneuver to avoid hitting them.

Posted by: Stephanie Location: Lancaster on Apr 22, 2008 at 03:12 PM
I am ashamed to say that I am from Garrard County! Where is Mr. Portwood supposed to drive his chair if the sidewalks are in such poor shape? Shame on Garrard County for treating our disabled citizens this way! I hope you sue Lancaster Mr. Portwood, and I hope I am on the jury!

Posted by: Charles Location: Berea on Apr 22, 2008 at 03:11 PM
I agree with Mr Portwood to bring suit against the City of Lancaster, this just goes to show that apparently the Law Enforcement in Lancaster has nothing better to do than to site Handicap people for trying to live "normal" lives as everyone else in the world. I can not believe hes was still charged with breaking the pedestrian code because hes in a wheelchair!!

Posted by: dana Location: winchester on Apr 22, 2008 at 02:35 PM
I hope you take it all the way and win. I will be praying to you and your case. There was no reason for someone to be so rude to someone who is disabled.

Posted by: Barbara Location: Lawrenceburg on Apr 22, 2008 at 02:12 PM
I find this SAD... I think the city sould have been citied for not fixing the sidewalks to make them safe for the handicapped. Now, It would have been different if he was drinking, while under the influence... I DO NOT SUPPORT THIS VERDICT....I think the judge should take another look at the sidwalks he is walking on. or put him in a wheel chair and see if he can make his way down the sidewalk...

Posted by: carol Location: winchester,ky on Apr 22, 2008 at 01:13 PM
I am in complete agreement with Mr.Portwood. I support him 100%.Mr.Portwood, I hope you win your case.

WKYT Mobile