In my county, cyclists have the right to take the sidewalk if it is too dangerous to ride in the street. For example, if there was glass in the road or you are moving very slowly, way below the speed limit, it is legal to ride on the sidewalk (with conditions, such as limiting your speed and not cycling in an erratic manner). I don't see why the same type of law couldn't be applied to bike lanes for people who use wheelchairs. Any time a pedestrian walkway or sidewalk is dangerous for a wheelchair user (or impassable) to traverse, they should have the legal right to take the bike lane (or street) when necessary. I also agree with other posters that the bigger issue is the city's lack of regard for wheelchair users as evidenced by our often ignored sidewalks that are all torn up, and that the larger issue aught to be addressed in force. However, no matter how much advocacy and repair is conducted, there will ALWAYS be rough patches and potholes and sidewalks with glass and crap on it, which is really what I think the guy from the article is talking about.
I think anyone but the saddest human being wouldn't have an issue with someone in a wheelchair taking a bike lane because a sidewalk is all torn up, and I'd be a little surprised if a LEO was to cite a person using a wheelchair for taking a bike lane during a stretch of impassable road, regardless of whether it's legal or not.....but then again, I've heard of worse, so you never know.
Basic rules should apply of course: must be going with the flow of traffic (I almost ate it big time and possibly wound up in a wheelchair myself when I hit a blind turn in my bike lane and almost slammed into some *****hole pushing a scooter up the path, against traffic, in my lane. I most certainly would have nailed the person if they were in a boxy wheelchair), must have a reflector, must obey all traffic laws, etc. Those are just basic safety issues that everyone should follow (in particular, going with the flow of traffic).
In short: Wheelchair users should have the right to take the bike lane when the road is impassable or unsafe, so long as they are required to follow the basic safety laws that will keep everyone who uses the bike lane in one piece. This shouldn't necessarily have to be turned into a law though, I woudl haev expected it to be basic human decency and common sense. What do you anti-wheelchair-in-bike-lane folks expect someone in a wheelchair to do when they come across an impassable terrain? Cry? Sit there all day just staring at the road? I don't get some folks.....
-TPM