Date: Fri 20-Feb-1998

Publication: Bee

Author: STEVEB

Quick Words:

Booth-library-ADA-Beres

Full Text:

Beres Asks Council To Stop Meeting In The Library

BY STEVE BIGHAM

The Persons With Disabilities Committee of Newtown believes the Legislative

Council is violating a federal law when it conducts its meetings at the

Cyrenius H. Booth Library.

On Tuesday, the board voted to send a certified letter to all council members,

informing them of the alleged violation of the Americans with Disabilities Act

(ADA), which guarantees equal access to public places.

Committee chairman Wendy Beres claims the sloped sidewalk leading to the

library is not accessible to those in wheelchairs. She also believes the

library's handicapped parking spaces are too steep to allow safe access for

the handicapped.

Despite the protest, council Chairman Pierre Rochman went ahead with

Wednesday's meeting. He claims Public Works Director Fred Hurley, who also

serves as the town's ADA coordinator, gave the OK.

"I've been told by Fred that we do meet the ADA requirements," Mr Rochman said

Wednesday. "Until we hear otherwise, I think we'll be OK to meet at the

library."

Mrs Beres disagrees, saying the sidewalk and parking lot are unacceptable as

far as the ADA law goes. She also believes the council should be more

sensitive to the handicapped residents of Newtown.

Mr Hurley is on vacation this week.

"If a complaint is levied, all Legislative Council actions could become null

and void," Mrs Beres said. "You put a rubber tire on the brick (alongside the

sidewalk) and you can kiss that wheelchair goodbye."

The council held its third-straight meeting at the library Wednesday night,

which included a public hearing. Persons With Disabilities Committee member

Patty Clay suggested showing up at the library to protest, but the idea was

put off with the hopes that councilmen will change their meeting site.

Last month, Mr Rochman said that the building is probably the most accessible

public building in town and felt it was unreasonable for Mrs Beres to expect

the town not to use it.

"After talking with the first selectman, it was my impression that there is

only one person that is questioning the accessibility, and that's Wendy

Beres," Mr Rochman said in January.

But, as Mrs Beres points out, it does not take any more than one person to

point out a violation.

"If it's against the law, it's against the law," she said, pointing out that,

under the charter, the council is the only board that truly represents the

people. "It's not a question of putting in an elevator, it's a question of

simply moving the meeting to a more accessible location."

Is the building accessible to the handicapped? The answer to that question has

never fully been answered. However, the town has considered altering the

problem areas, in order to make the library more accessible.

"The town is slated to fix it. Why can't Pierre wait?" Mrs Beres wondered. She

is concerned that once the council holds its meeting at the library, all other

boards will follow suit and then "everyone's neck is in a noose."

The newly renovated library opened its doors just over a month ago.

First Selectman Herb Rosenthal has opted not to hold his selectmen meetings at

the library until things are resolved.

The state's Freedom of Information (FOI) Commission recently ruled that

because the building has received its certificate of occupancy, the town would

not be in violation of any FOI laws.