Bill Tinker wants to ride his scooter on the sidewalks near Interstate 93's Exit 20 in Tilton, and he's suing the town to clean them for him.

Tinker suffers from arthritis in both knees, congestive heart failure, hernia problems and migraine headaches, conditions that force him to ride in a scooter, he says. He rides the sidewalks about 1.5 miles along Route 3 five times a week from his Northfield home to stores near the exit - the pharmacy at the Shaw's supermarket, the Northway Bank and the Wal-Mart.

During the winter, the town doesn't clean the snow and ice off those sidewalks, forcing Tinker to ride in portions of the shoulder of Route 3. When it's warm, the town doesn't sweep the sidewalks of sand, which gets into his wheels and wears down his scooter, he says.

"These sidewalks have to be accessible 12 months a year," he said. "If the roadway is accessible to vehicles, then, excuse my French, these damn sidewalks have to be accessible for pedestrians. I'm a pedestrian."

The town has argued that it shouldn't be forced to maintain the Route 3 sidewalks year-round, which would cost between $14,000 and $15,000 in a year with a typical winter, said Bob Veloski, the town's administrator.

"According to Mr. Tinker's counsel, the obligation (to clear the sidewalks of snow and ice) stands even if helicopters, the National Guard and the Town's entire public works budget are required to safely clear the sidewalk," the town's lawyers wrote in their court brief.

Veloski added that he hasn't received any other complaints about the sidewalks that Tinker uses.

Tilton's selectmen last month passed a new ordinance that could help it avoid further spats over its sidewalks. The ordinance gives them the ability to close sidewalks that the town doesn't maintain in the winter. A person caught using a closed sidewalk during the winter would be fined between $10 and $20.

Selectman Tim Cavanaugh said that the town can't clear every single sidewalk in town. It tries to maintain the sidewalks used by children going to school, he said.

"It's much more important to have manpower and equipment on that as opposed to a stretch that maybe one person might use every week or two," he said. "I'm not referring just to Mr. Tinker. I'm referring to anybody."

Every day, about 16,000 cars use Route 3 at Exit 20 of Interstate 93, according to the Department of Transportation's 2004 data. Last week, as Tinker traveled the path with two supporters to Shaw's, a truck rumbled by on the four-lane road, knocking off his hat, which had a logo of a man in a wheelchair breaking chains between arms.

The only swept portion of the sidewalk near Exit 20 are the pathways on the highway overpass. Department of Transportation spokesman Bill Boynton said that state crews often clean sidewalks after winter so they can apply linseed oil, which helps preserve the structure .

Sand covers the portions of sidewalk on either side of the overpass. Pieces of a Heineken bottle, half of a "Support our Troops" car sticker and a dental floss pick were among the debris that Tinker rolled by. He also encountered two bicyclists and a jogger en route to Shaw's.

Tinker, 61, has been using a wheelchair since 2000, when his conditions caught up with him. He can stand and walk short distances, which the town's lawyers cited in their claim that he does not have a disability, as defined by the Americans with Disabilities Act. A Belknap County Superior Court judge ruled, however, that Tinker is disabled. He must still decide whether the law applies to the upkeep of the sidewalks.

The town has also argued that Tinker hasn't shown sufficient evidence that the town is obligated to clear the sidewalk of ice and snow. Its lawyers have argued that the town hasn't discriminated against him, as he has the same access to the sidewalk as all other pedestrians. (next page »)