Residents asked Jim Thorpe Borough Council on Thursday night to consider making the opening of a set of concrete steps connecting High Street and West Broadway a priority.

The municipality is awaiting results of an appeal of a June civil lawsuit decision by Carbon County Common Pleas Judge Joseph Matika, who ruled the borough is responsible for maintenance of the steps.

The steps have been a hot topic of discussion in the community ever since they were closed in response to legal disputes and liability concerns.

“There are a lot of questions with the recent court decision about what this all means for the borough,” Strubinger said during Thursday’s workshop. “They still have to be answered. I don’t think we’re prepared to answer those questions tonight.”

Ownership of the steps was called into question following a slip-and-fall insurance claim in 2017. The claim prompted a land survey commissioned by Jim Thorpe’s council that showed the steps cross three property lines including that of the borough, Three Towers Apartments owner Tom Loughery at 49 W. Broadway, and an LLC at 61 W. Broadway, which is now a short-term rental.

Loughery closed off the steps and, in 2019, initiated legal proceedings, seeking a declaratory judgment that would either force the borough to maintain the steps or remove them from their property.

Council hesitant

“The steps would still be open today if there was not a slip-and-fall lawsuit filed against the borough,” Strubinger said. “It became a liability and opened up the question of who is responsible.”

The legal implications and potential financial burdens that the borough might face, he added, are central to the council’s hesitancy to reopen the steps without further guidance.

Several community members voiced their opinions, including Jim Thorpe student Lila DeJessa, who previously lived on High Street and recounted how the closure has impacted her daily life.

“There was a bus stop available at the bottom of the steps and if they were open, I would have been able to easily walk down there to catch the bus,” she said. “When they were closed, I would have to walk around down Broadway to Quarry Street or walk down the hill. I believe that poses a greater threat to residents than the steps.”

Jill Williams, a former High Street resident, added her perspective on the safety issues posed by the closed steps.

“The steps are very important for residents and workers being able to get to High Street,” Williams said. “The High Street hill is dangerous to walk up and down on a fair-weather day. The cinders make it a walking hazard. I know the steps are steep and come with strange levels, but even when they were closed I was using them because I felt safer on them than going up and down the hill.”

Trish Spillman, another Jim Thorpe resident, questioned the financial consequences of abandoning the steps, noting the potential costs that could arise if they deteriorate further.

“If the steps are just let go and become an eyesore, what prevents Tom Loughery from suing you to remove them?” Spillman asked. “Then you would have the cost of removal, the cost of creating a retaining wall, and the concern that if anything goes wrong, you have that sewer tower sitting right behind those steps.”

Legal process

Council members assured residents that they are not looking to permanently close the steps, but instead are navigating the legal process cautiously.

“Our goal is not to keep these closed forever,” Councilman Tom Chapman said. “We have to get through this lawsuit. It’s not as easy as just taking it over. There are a whole lot of steps to get to that.”

Other council members voiced different opinions on the matter. Mike Yeastedt, for instance, questioned the need for the steps to remain closed, citing similar situations where public areas were not cordoned off due to liability concerns.

“Why couldn’t we open the steps tomorrow?” Yeastedt asked. “It’s the same with Spring Street steps or Twining Park or anything. We have suits filed for slip and falls on the pavement, but we don’t go out and block that off and put fences up.”

For some residents, the High Street steps hold significant personal and historical value. Ann Yeastedt shared a poignant memory involving her elderly parents, who had enjoyed sitting along the steps before they were closed.

“My parents are 92 and 90 years old, and my mother has lived on High Street since she was born,” she recounted. “Those steps have been open for as long as I can remember. My parents don’t have much time left on this Earth, and one of their favorite things to do was sit on the wall as you’re going down the steps. They no longer do that because of that fence.”

While the council members said they remain open to exploring solutions, financial constraints and liability concerns loom large. Strubinger noted the potential costs, indicating that if resources were unlimited, they could address infrastructure concerns more freely. “

As borough council members, we have to look at the bottom line of dollars and sense. If we had an endless pot of money, maybe if the Reading Railroad was helping us out a little bit, we would be able to look at that infrastructure,” he said.

Some residents proposed creative solutions for preserving the steps without incurring too much cost. Williams suggested that the borough could pursue a historical grant to repair the steps and, if necessary, add a “historical-looking gate” for restricted access when required. Meanwhile, resident Jane Owens advocated for signs that could absolve the borough of liability while allowing residents to use the steps responsibly.

“I’ve lived in a lot of communities and they have a lot of steps, and nobody ever went bankrupt over a lawsuit. There has to be some precedent that people have to be responsible for themselves. Put a sign up and cover yourselves, and you’re done,” Owens said.