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File photo of a kissing gate. Shutterstock/JohnatAPW

'My heart sank': Use of 'kissing' gates criticised over lack of accessibility for wheelchair users

Journalist Ellis Palmer Babe, who is a wheelchair user, was unable to get through a kissing gate in Dodder Valley Park earlier this week.

THE USE OF ‘kissing’ gates in Dublin’s Dodder Valley Park has been criticised for making it “impossible” for wheelchair users to use a greenway in the area.

Journalist Ellis Palmer Babe, who is a wheelchair user, posted a video of himself on Twitter trying to get through a ‘kissing gate’, which he encountered while cycling on the Dodder Greenway with members of South Dublin County Council.

Kissing gates are designed to control access to certain areas. They usually consist of a square or semi-circular enclosure on one side and a hinged gate that swings between two shutting posts, allowing one person to pass through at a time. 

The gates were installed in 2020 by South Dublin County Council (SDCC) in order to prevent scrambler bikes from entering the park.

The bikes have been involved in numerous accidents in recent years which resulted in people sustaining severe injuries, or in some cases, losing their lives.

However, Palmer Babe highlighted how the gate prevented him from cycling through the estate and taking in some of the local area, which he would have liked to do.

A video taken by him and posted on social media shows how, after making several attempts to get through the gate, he was unable to do so with his wheelchair and handcycle.

“When we got to that point, and I saw all the kissing gates kind of leading off into that estate, my heart just sank if I’m honest with you,” he told The Journal.

“Because disabled people, elderly people, parents pushing children or somebody who’s a little bit infirm and struggles with their balance: all of these people are being excluded from that fantastic, phenomenal greenway facility.

“That particular park had a significant number of greenways and I thought: ‘I’ve got to try and see if I can get through one of these [gates] just to see if I can’.”

“It’s more that it just stops it being an active travel route and it stops it from being easy to go from A to B to C quickly, safely and easily.”

A spokeswoman for SDCC told The Journal that the council ”regrettably” had to install the gates at various locations in recent years, including at Dodder Valley Park, because the use of scramblers and quad bikes was “putting park users in danger”.

“It is unsatisfactory that the illegal operation of scrambler motorbikes in public parks is still an issue in the county,” a statement read.

“It is hoped that the introduction of new legislation in the area in the near future will give the Gardaí the powers they need to address this issue more effectively by enabling them to seize and destroy scramblers when required.”

However, Palmer Babe questioned this.

“The funny thing is, the kissing gate goes up higher than the actual wall does. So if I was young, and I came to that wall, then the first thing I’d do is chuck the scrambler over the wall,” he said.

Dodder Valley Park covers a number of electoral areas in Dublin, and independent councillor for the Firhouse-Bohernabreena area Alan Edge told The Journal that he has put down a motion to call for the removal of the kissing gates in his locality due to the lack of accessibility for disabled people.

But he said that residents in Tallaght have opposed the removal of the gates due to problems with scramblers.

“To be fair to them, there were problems with scramblers and people’s lives were made miserable. My response to that would be that kissing gates don’t prevent scramblers. If a scrambler wants to get in, they’ll get in,” he said.

It’s really, to my mind, about the balance of harm. I think if we have wheelchair users, people in adapted wheelchairs and Ellis, sadly, isn’t the first to face this problem, then it’s a problem that we simply have to tackle, and that is going to mean some difficult conversations around this. But they’re conversations we need to have.

An amendment to the Criminal Justice (Public Order) (Quadbikes and Scramblers) Bill 2021 which aims to give Gardaí the power to seize scramblers and quad bikes when being used unlawfully has passed the second stage of debate in the Dáil. 

But Edge said that there is an “urgent need” for tougher legislation when it comes to scramblers. 

“I don’t think it’s a tenable position for us to be locking people out, effectively, until the Government does its job as regards controlling scramblers I just don’t think that’s a viable option,” he said.

Adjustable gate

The SDCC spokeswoman also said the kissing gates in the park will not be a permanent fixture, and that once new legislation is in place and being implemented, SDCC will review the position and “hopefully remove these controls”.

She said the council has recently trialled an adjustable kissing gate, which can operate as a kissing gate when necessary, but in other times can be left open.

“This modification is being examined in relation to some access points in Dodder Valley Park. It will only be possible, however, to leave such gates open when there is no longer a threat of access to the park by scramblers,” she added.

Palmer Babe said that there has been good work done by the council to remove kissing gates and barriers in certain areas already.

“I mean, it’s not about removing all of them. Sure, you might have to keep a few of those kissing gates to stop the scramblers, that’s grand, but maybe have at least one or two entrances and exits from that estate where you can get in easily, because at the moment you’re just kind of hemmed in. There’s no way you can get off to the next bit,” he said.

That’s still a gate that you might have to open if you’re trying to travel independently as a disabled person, if you’re trying to pop to the shops by yourself or anything like that. Not actually having a key system or having something in place just means that disabled people become reliant on non-disabled people, rather than being able to do things as independently as they can and should do.

“I do understand that there are concerns about antisocial behaviour, but ultimately you know, in law, there is right for reasonable accommodation for disabled people when it comes to public infrastructure, and it’s disappointing to see but this hasn’t been considered on what is otherwise excellent route,” he said.

Article 9 of the UN Convention on the Rights of Persons with Disabilities (CRPD) says that States should take appropriate measures to enable people with disabilities to live independently and participate fully in all aspects of life.

It specifically calls on States to ensure that people with disabilities can access physical environments, transportation and other facilities and services which are open and provided to the public “on an equal basis with others”.

A spokesperson for the Irish Human Rights and Equality Commission (IHREC) told The Journal said the commission noted the obligations of the council as a public body under the Public Sector Equality and Human Rights Duty.

“All public bodies in Ireland have responsibility to promote equality, prevent discrimination and protect the human rights of their employees, customers, service users and everyone affected by their policies and plans,” a statement said.

“This is a legal obligation, called the Public Sector Equality and Human Rights Duty, and it originated in Section 42 of the Irish Human Rights and Equality Act 2014.”

SDCC spokeswoman added that it would be preferable not to have to spend money on the gates and barriers to protect users and parks facilities/pitches from the illegal use of vehicles in these spaces.

“The council continues to work with An Garda Síochána and the elected members to eliminate this illegal activity and works with all users to improve safe access to parks and public spaces,” the spokeswoman said.

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    Mute Paul Cunningham
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    Apr 2nd 2022, 9:16 PM

    Less about the gates and more to do with the young muppets on scramblers. Deal with them as they are universally associated with antisocial behaviour in Dublin.

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    Mute Aidan Bergin
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    Apr 2nd 2022, 10:15 PM

    @Paul Cunningham: Gardai don’t want to know. Rang them recently to report one of those clowns riding his scrambler across our local football pitch destroying it in the process and was told by our local station that they have other priorities. Only sorry I didn’t get the Garda’s name.

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    Mute Gareth Wogan
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    Apr 2nd 2022, 10:21 PM

    @Paul Cunningham: hate the scramblers BUT you can’t say that these gates are the answer. They are very probibatative to a lot of people. They’re awful and need to be got rid of pronto.

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    Mute Martin Lynch
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    Apr 2nd 2022, 11:56 PM

    @Paul Cunningham: Scrambler Bikes are lifted over the kissing gates as I’ve seen at Eamonn Ceannt Park (Sundrive Park )and nobody on a wheelchair can access the park -city council do not put much thought into these issues -in fact its to save money so as gates are not locked at night time !

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    Mute Steve Chalk
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    Apr 2nd 2022, 10:27 PM

    My mother’s in a wheelchair so I’m very familiar with these gates and the challenges all sorts of infrastructure poses to the disabled.

    But….. the gates in the video look suitable to nearly all sizes of wheel chairs. The users wheel chair-bike is probably awice as long as a normal wheel chair, that’s why he’s struggling.

    If he could have gotten that through, a scrambler would have gotten through too.

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    Mute Elaine Phelan
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    Apr 4th 2022, 11:02 PM

    @Steve Chalk: that was my thought too. That is not a standard wheelchair

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    Mute lelookcoco
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    Apr 2nd 2022, 11:02 PM

    Look. There are loads of places available without kissing gates. Those who can’t access them should go there instead. I am sightless so I don’t often go to the cinema.

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    Mute Anne
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    Apr 2nd 2022, 11:33 PM

    @lelookcoco: dont wheelchaur users have to call a train station 24 hours in advance to let them know they want to use a train. Utterly ridiculous! Ireland is so backward in many ways, and this is one. They should have the same access as everyone, including here at Dodder Valley and along the canals.

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    Mute Colin McCarthy
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    Apr 2nd 2022, 11:40 PM

    @lelookcoco: but the cinema haven’t stopped you going there. That’s the difference.

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    Mute Ciaran McCann
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    Apr 3rd 2022, 12:18 AM

    @lelookcoco: Did you really just utter and text those words and that sentence? Seriously, did you?

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    Mute Ian James Burgess
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    Apr 2nd 2022, 10:50 PM

    All designers and architects should have disabled people to help design. I worked in construction and constantly had to argue with designs as my father was in a wheelchair

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    Mute Felicity Hensen
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    Apr 2nd 2022, 10:18 PM

    Having a wheelchair or scooter user involved in the design discussion, and giving them an opportunity to try to use a similar gate would have shown the gates are discriminatory. Simply design changes would ensure the gates serve their intended function while allowing disabled people, caregivers, and people with babies/children in prams or buggies, access to (green) amenities. #InvlusiveDesign is not that hard.

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    Mute Colm Ducker
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    Apr 3rd 2022, 7:03 AM

    How are people losing their lives because of kissing gates??

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    Mute Mickey Finn
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    Apr 3rd 2022, 8:24 AM

    @Colm Ducker: They’re not, article is about the gates preventing access to people with mobility issues.

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    Mute Colm Ducker
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    Apr 3rd 2022, 11:38 AM

    @Mickey Finn: Paragraph 5 of the article

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    Mute Mickey Finn
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    Apr 3rd 2022, 3:23 PM

    @Colm Ducker: I’m aware that the article refers to injury and death, I was referring to the “people losing their lives because of kissing gates” comment. It should be possible to stop people using scramblers without preventing access to people who want to use the facilities for what they are designed.

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    Mute Rosa Lopez
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    Apr 3rd 2022, 9:03 AM

    Why not build a dedicated park for scramblers in places where they are popular? That will make everyone happy and will be safer for everyone, the public and the users of scramblers. It could turn into a regional sport instead of taking garda resources and spoil the fun for those who enjoy it.

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    Mute Jason Walsh
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    Apr 3rd 2022, 11:18 AM

    @Rosa Lopez: those that are causing the hassle won’t use it as they trive on being a nuisance

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    Mute Rosa Lopez
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    Apr 3rd 2022, 3:04 PM

    @Jason Walsh: I just read 200.000 funding were approved in December 2021 for scrambler tracks in 8 areas. We will see where this funding ends up, and hopefully the papers take a note to follow up on this proyect. Hopefully people care also to make sure the money goes in creating decent tracks for youths and half of it is not wasted in who knows what.

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    Mute Niall Dunleavy
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    Apr 3rd 2022, 10:26 AM

    In February ,the Minister for Transport instructed all councils to remove obstructions, barriers and kissing gates from all cycle paths. I’ve seen zero evidence of this barrier removal by the council where I live.
    So if they can ignore Government, I would expect citizens to be listened to either.

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