Ahead of expected council vote, Austin Planning Commission weighs hospital safety
Dec 11, 2024
Project Summary:
This story is part of KXAN’s “Preventing Disaster” investigation, which initially published on May 15, 2024. The project follows a fatal car crash into an Austin hospital’s emergency room earlier that year. Our team took a broader look at safety concerns with that crash and hundreds of others across the nation – including whether medical sites had security barriers – known as bollards – at their entrances. Experts say those could stop crashes from happening.
AUSTIN (KXAN) -- The Austin City Council is preparing to vote Thursday on an ordinance to make hospitals safer in direct response to a series of KXAN investigations into a deadly ER crash earlier this year -- one of hundreds of similar crashes we found across the country in the past decade.
Pushback on potential change to protect patients
"We've had some they said, 'We don't like being forced to do this either through site plans or our existing facilities,'" said Curtis Beaty with the Austin Transportation Department, recalling conversations with unnamed area medical facility operators.
"What is that going to do to -- I don't want to be flippant -- but their architectural, and their vision of how they want to present their facilities," Beaty told the Austin Planning Commission, sharing some of the cosmetic concerns relayed to him.
The meeting comes nearly 10 months after an alleged drunk driver crashed into St. David's North Austin Medical Center, killing herself and seriously injuring five, including two toddlers.
Photos of the February 2024 crash at St. David’s North Austin Medical Center, killing the driver and injuring five others, including the Bernard family (Courtesy Diane Warmoth; Howry, Breen & Herman; KXAN Photo)
"Would bollards have been helpful in that case?" APC Board Member Danielle Skidmore asked.
"There's a potential," said Beaty. "Yes."
At Tuesday's meeting, KXAN's investigation was referenced several times along with our findings that State Sen. Royce West, D-Dallas, and Congressman Lloyd Doggett, D-Austin, are looking into state and federal bollard measures in response to our reports.
"I was reading the KXAN report that was talking about how many facilities they found without bollards, which ones did have bollards," APC Board Member Grayson Cox said during the meeting.
"If you look up the news articles from KXAN, they show you the bollards that they installed at the hospital that had this accident," Cox said at another point.
EXPLORE: KXAN's "Preventing Disaster" investigation uncovers 300+ crashes nationwide
Some expressed concern over the Austin City Council's upcoming final vote to require crash-rated security bollards at new hospitals, urgent care clinics and stand-alone emergency rooms -- a safety measure currently not required by any local, state or federal laws even though experts say, and KXAN saw firsthand at the Texas A&M Transportation Institute, they are effective at stopping a speeding vehicle.
Curtis Beaty with the Austin Transportation Department spoke to the Austin Planning Commission about an ordinance sparked by a KXAN investigation that, if passed, would require crash-rated bollards at new hospitals. (Courtesy ATXN)
Safety beyond hospitals
"Does it raise some concerns with y'all's department that we're not looking at this more broadly?" asked APC Board Member Felicity Maxwell. "Or, how can we be using safety bollards in situations to more effectively prevent crash deaths?"
"Was there any conversation about expanding that to other types of facilities like child care facilities?" asked APC Board Member Ryan Johnson.
"That question was probably the number one question we've got," said Beaty. "We've gone through this process, why didn't we expand this to libraries, child care facilities, recreational facilities? And, basically, staff needed to respond directly to what the resolution was and the resolution had a very narrow window."
The ordinance could "quite easily" be expanded to include other facilities, said Beaty.
A decade ago, a four-year-old girl was killed and 11 children were injured when a SUV ran a convertible off the road and into a day care center near Orlando, Florida. In 2016, Orange County commissioners passed the "Lily Quintus Ordinance" to require safety barriers at all new day care centers.
Recently, KXAN visited 10 federally leased buildings housing the IRS, OSHA and the Social Security Administration. While most were designed so security barriers aren’t needed, we found at least three without bollards, or where doorways were only partially protected, including buildings housing the Social Security Administration, OSHA and the IRS.
The Storefront Safety Council, which has tracked 30,000 vehicle-into-building crashes and shared some of its data with KXAN, said these type of accidents happen 100 times a day on average.
"They happen where we live, work, play and shop," said SSC co-founder Rob Reiter, who has been contacted by Council Member Zo Qadri's office about a downtown bollard measure and is working as a consultant in a $1 million lawsuit against St. David's NAMC filed by the Bernard family, who were badly hurt in the February crash.
"More people die in these storefront crashes than die in weather events in the United States every year," Reiter said. "These things are foreseeable. They're predictable. And they're preventable."
St. David's NAMC, which doesn't comment on litigation, is accused of "gross negligence" for not having bollards. It installed a dozen after the crash and following our questions.
“St. David’s HealthCare will work with policymakers to ensure compliance with any new legal or regulatory requirement, if they are passed,” the hospital group said in a statement after the July vote.
Watch: Texas-tested security barriers could prevent ER crash disaster
A recommendation, not needed, postponed
APC Board Member Alice Woods asked if a "comprehensive breakdown of how many hospitals are already using bollards at their entrances" was conducted.
"We did not take a comprehensive survey," said Beaty, who noted the city found "a number" of hospitals with "some type of barrier."
Earlier this year, KXAN asked that same question. We visited dozens of hospitals across Central Texas and found at least 16 with partial or no protection.
The APC ultimately voted nine to four to postpone recommending the bollard ordinance, choosing to discuss it again on Jan. 28. Johnson opposed postponing a recommendation saying it would be "OK for us to make a small step in the right direction now and continue working on this issue."
It may not matter.
The resolution to request a bollard ordinance -- introduced by Council Member Mackenzie Kelly after watching our investigations -- received unanimous support from the City Council in July. The agenda for Thursday's meeting is "waiving the requirement" for the commission's review.
"I look forward to the public hearing on item 74 regarding hospital bollards, an item I have been working on for months," Kelly said in a statement to KXAN. "Bollards have the potential to save lives, and it is heartening to know we can move forward on council without a recommendation from the Planning Commission."
This will be one of the final items Kelly aims to see through. Her term is up at the end of the month.
"The public deserves to have their voices heard on this important safety measure for our community," she added.