Date: Fri 24-Apr-1998

Publication: Bee

Author: KAAREN

Quick Words:

Beres-ADA-Rosenthal

Full Text:

Town Notified Of Federal ADA Complaint

BY KAAREN VALENTA

First Selectman Herb Rosenthal has received a letter from the US Department of

Justice officially notifying him that a complaint was filed against the town

alleging violations of Title II of the Americans with Disabilities Act (ADA).

The complaint was filed by the Persons With Disabilities Committee of Newtown

with the Justice Department's Civil Rights Division last November, before Mr

Rosenthal took office. The town has 30 days to respond to the Justice

Department letter, which arrived in the first selectman's office on April 15.

Mr Rosenthal came to the local ADA committee's meeting Tuesday at Town Hall

South to discuss the letter and the ongoing complaints by the committee

members that the town is not acting quickly enough to comply with the 1990

law.

"I gave the letter to the town attorney," Mr Rosenthal said. "Most of the

items mentioned in the letter are already in the works. We have applied for a

federal Small Cities grant to make handicapped renovations at Edmond Town

Hall, modifications have been approved for parking at the library, and the

handicapped accessible door is open at Canaan House."

The committee also complained that town boards and commissions continue to

hold meetings in buildings that are not handicapped accessible. Committee

chairman Wendy Beres said the library board meets in the library, the Edmond

Town Hall Board of Managers meets in the town hall, the Pension Committee

meets in the town hall, and the Public Building and Site Commission held a

meeting in the library in January.

Mr Rosenthal said he has directed the Pension Committee to move its meeting

place. The Public Building and Site Committee met at the library because it

was doing a site inspection at the library that day. And telling the library

board and the Edmond Town Hall Board of Managers to move their meeting places

from their own buildings is difficult, he said, particularly because the board

of managers is an elected board.

"I do not have authority over them," he pointed out.

Mr Rosenthal said former first selectman Bob Cascella sent two letters to all

board and commission chairmen emphasizing that all meetings should be held in

rooms that are handicapped accessible.

Mrs Beres said an attorney from the State Office of Protection and Advocacy

for Persons With Disabilities toured the Booth Library with her recently and

expressed concern about the ramps between the old and the new sections of the

building and about the kitchen off the new meeting room.

"She said these things might be a problem. She doesn't believe they meet the

(handicapped) code," Mrs Beres said.

But the disabilities committee appeared to be satisfied with the plan to add

three handicapped parking spaces on the south side of the library, about 34

feet from the main entrance. A 12-foot-wide driveway will be created from the

rear parking lot to provide access to the handicapped parking.

Mr Rosenthal said the plan has to go to the Borough Zoning Board and possibly

to the Historic District Commission for approval before work can begin.

The first selectman also cautioned Mrs Beres that he could not find in the

minutes of disability committee meetings the authorization needed for her to

write some of the letters she has written on committee letterhead to state and

federal agencies. Mrs Beres said some letters had to be written quickly,

without calling a committee meeting, but the committee was aware of her

actions. She said she had no problem writing "as a private citizen" if

necessary.

Responding to Mr Rosenthal's comment, committee member Ruby Johnson made a

motion for Mrs Beres to tour the Hawley School addition to check handicapped

accommodations "and to write a report afterwards." The motion was approved

unanimously.

"We want to be sure that when all the projects are done, they are perfect,"

Mrs Beres said. "It is really easier to do it right before than to try to make

corrections afterwards."

Mrs Johnson said she would like to do a study of devices to assist the hearing

impaired before deciding which types should be purchased for use in town

buildings. She thought the project could be done at the Senior Center if

willing volunteers can be recruited.

"Hearing is such a complicated issue," she said. "Often people are unwilling

to admit they need help. And I need more direction as to which buildings

should be addressed first."

Mr Rosenthal said the hearing assistance devices are part of the high school

contract but he did not know if the same is true for the library project.

Mrs Beres said that she and the other committee members have continued to

press their complaints against the town because they have had no other choice.

"Nothing ever has been done voluntarily [about ADA] in Newtown," she said.

"The town never addresses an issue until I threaten them. That shouldn't

happen."