Shenzhen Bay Park's barrier railings converted to convex gates: what legal obligations are involved in accessibility renovations of public facilities?
In June this year, a Shenzhen internet user posted a video saying that the entrance passage of Shenzhen Bay Park had installed pillar barriers to prevent electric bicycles from entering the park, forcing citizens pushing baby strollers to lift the strollers to pass. In September, the same internet user posted another video stating that the park had renovated the barriers, with newly installed convex-shaped gates allowing baby strollers and camping carts to pass smoothly, while electric bicycles were still stopped by security personnel. After receiving feedback, Shenzhen Bay Park began renovations on September 3, and is currently piloting the change at five locations. This seemingly minor facility adjustment involves multiple legal issues, including the obligation to build a barrier-free environment in public facility management, the administrative principle of proportionality, and the managing party's safety assurance liability.
Accessibility modifications to public facilities are not a matter of goodwill, but a legal obligation.
Article 12 of the Barrier-Free Environment Construction Law of the People's Republic of China, which took effect on September 1, 2023, clearly provides that newly built, renovated, and expanded residential buildings, residential areas, public buildings, public places, transportation facilities, and the like shall conform to the engineering construction standards for barrier-free facilities. Article 21 of the Law further requires that where existing facilities in urban public places do not meet barrier-free standards, people's governments at or above the county level shall formulate renovation plans and organize their implementation. The previous bollard barriers at Shenzhen Bay Park had gaps wide enough for only one person to pass through, making it difficult for baby strollers, wheelchairs, and rolling suitcases to pass, and objectively constituting a barrier to barrier-free passage. It is commendable that the management authority took the initiative to renovate after feedback from citizens, but from a legal perspective, this is not merely a matter of “heeding advice” or “goodwill”; it is the inherent requirement of fulfilling a statutory duty. If the management authority still refuses to rectify the situation after receiving clear feedback, groups such as persons with disabilities and older adults may, pursuant to Article 8 of the Law, lodge complaints or reports with the relevant competent departments, and the competent departments shall handle them promptly.
How can preventing electric bicycles from entering parks and safeguarding the right of passage be balanced in a lawful manner?
The original intention behind the park management’s installation of barriers was to prevent electric bicycles from entering the park and darting around and to safeguard pedestrian safety; this management objective is legitimate in itself. The Road Traffic Safety Law of the People’s Republic of China and local regulations generally prohibit electric bicycles from entering parks and other leisure venues, and the park management is also entitled to take necessary control measures under property management contracts or park management rules. The issue, however, is whether the means match the ends. The principle of proportionality in administrative law requires that the management measures adopted be necessary and appropriate and not impose excessive restrictions on the public interest. The previous bollard design blocked all non-motor vehicles, baby strollers, and wheelchairs alike outside the gates, a classic one-size-fits-all approach that caused unnecessary obstruction to legitimate
How can citizens protect their rights when they encounter similar obstacles to passage?
If citizens encounter situations in public places similar to those in which unreasonable facility design prevents baby strollers and wheelchairs from passing, the law provides multiple remedies. First, they may submit written suggestions to the facility management entity or its higher-level competent department, requesting renovation in accordance with the Barrier-Free Environment Construction Law. Second, they may report the matter to the local disabled persons’ federation or civil affairs department; the disabled persons’ federation has the right to put forward opinions and suggestions on barrier-free environment construction. Third, if the managing party refuses to rectify the situation and actual harm is caused—for example, elderly people fall and are injured while taking detours, or persons with disabilities are forced to give up using public facilities because they cannot pass—the injured person may, pursuant to Article 1198 of the Civil Code concerning the safety protection obligation of managers of public places, claim that the managing party bear corresponding tort liability. In Shenzhen, citizens may also file complaints through government service platforms such as “iShenzhen” or the 12345 hotline, and procuratorial organs may also initiate public interest litigation in the field of barrier-free environment construction. Since 2024, Shenzhen procuratorial organs have handled multiple public interest litigation cases concerning barrier-free environment construction, prompting facility rectification at a number of public places.
What legal risks should the management party guard against when adjusting facilities?
For managers of public places such as parks, subways, and shopping malls, facility renovation is not merely an engineering issue; compliance risks must also be considered at the same time. First, the renovation plan should comply with national standards such as the Barrier-Free Environment Construction Law and the General Code for Accessibility in Buildings and Municipal Engineering. There are technical requirements for the width, height, and floor flatness of convex-shaped doors, and construction cannot be carried out based solely on experience. Second, if the renovation process involves occupying green spaces or changing the planned use, relevant approval procedures must be completed in accordance with law; otherwise, administrative penalties may be imposed. Third, managers should retain before-and-after comparison records, records of handling public feedback, and acceptance inspection documents for inspection by competent authorities or in response to possible litigation. Fourth, for unauthorized entry by electric bicycles and other such vehicles, managers should maintain continuous management by posting signs, arranging personnel to persuade and dissuade, and other means. They must not relax controls merely because access control has been renovated; otherwise, if an electric bicycle hits a person, managers may still bear supplementary liability for failing to fulfill their duty of safety protection.
The recent renovation of Shenzhen Bay Park appears, on the surface, to be a change in the form of barriers, but in essence it represents a shift in public management from “managerial convenience” to “balancing rights.” The implementation of the Barrier-Free Environment Construction Law requires every public venue manager to proactively benchmark against the standards and respond to needs in daily operations. Guangdong Zhiming Law Firm has long focused on barrier-free environment construction, public facility compliance, and administrative legal affairs. It can provide compliance review for facility renovations, accessibility standards consulting, and dispute resolution services to management units such as parks, venues, and transportation hubs, and can also provide legal support for rights protection to groups such as persons with disabilities and older adults.
