No elevator, no new stairs.

That probably means the iconic green stair tower in St. Paul's West Side will not be rebuilt.

The U.S. Department of Justice recently reiterated a Federal Highway Administration opinion that a new stair tower linking Wabasha Street to the bluffs above must be accessible to all people; otherwise it would be discriminatory.

Known as the "green stairs," the tower was a neighborhood landmark that provided transit, grueling cardiovascular training and sweeping views of the Mississippi River Valley and the downtown skyline. About 350 people used the stairs daily until the 93-year-old tower had to be demolished in 2008 after a boulder crashed into the structure and damaged it.

"It's beyond ludicrous," Council Member Dave Thune, whose ward includes the West Side, said Wednesday. "This is something the community has wanted. It's a symbol of the neighborhood."

The city doesn't want to build an elevator into the stair tower because of safety concerns. An elevator also would double the project's price and cost nearly $100,000 per year in maintenance, according to the Public Works Department.

City officials and community members thought they had a lock on $2 million in federal stimulus money to build a new 200-step tower, and they worked speedily to find a new design.

When the elevator issue arose last fall, the city resubmitted its application with some changes, such as putting signs on a sidewalk that leads up to the bluff and adding handicapped parking spots at the top and bottom. A viewing deck at the top of the bluff would be wheelchair-accessible, and rest areas would be built on the stair landings.

City Engineer John Maczko said only those who use wheelchairs wouldn't be able to use the stairs.

The city lobbied Vice President Joe Biden. Sen. Amy Klobuchar, D-Minn., offered support, as well as the Minnesota Department of Transportation and Mayor Chris Coleman's Committee on People with Disabilities.

It wasn't enough to bypass the law.

The stairs would provide a "significant shortcut" for pedestrians, not for people who use wheelchairs, wrote Assistant Attorney General Thomas Perez in a letter to Klobuchar. The only access for people in wheelchairs would be along more than a half-mile of sidewalk.

"We do not believe that a 3,300 feet long walkway is equivalent when the primary goal ... is to provide a direct route between two points," the letter said.

"We're disappointed," said Bob Hume, spokesman for Coleman.

Coleman lives on the West Side and has supported rebuilding the stairs. Although he wasn't optimistic of the project progressing any time soon, Hume stopped short of declaring it dead.

Chris Havens • 612-673-4148