Town paperwork referring to any mention of the LOF Adaptive Skiers programs is piling up - from e-mails and letters addressed to First Selectman Dan Rosenthal, to recent Americans with Disabilities Act (ADA) grievances filed against the town.

Making a request for most of that paperwork was LOF Founder Joel Zeisler, who during the winter filed a public records request saying: "We would like to have access to this information as soon as possible." His request was reportedly for all correspondence regarding the LOF between October 1 of 2017, and late March 2018.

The request came as a parallel matter  resumed since the end of last season - resolving where the LOF can or will hold its adaptive water skiing clinics. A year earlier, the town issued a cease and desist order for programming originally run from Mr Zeisler's waterfront Housatonic Drive home.

Officials offered the use of an alternate temporary location for LOF programs on town-owned property on Walnut Tree Hill Road for the 2017 season. (See related article)

Paperwork reveals a number of issues simultaneously at play.

In January, LOF Chairperson Kathryn Wolf wrote to Mr Rosenthal, saying that LOF has been "misrepresented by a private party, Ms Chera Simpson, regarding ADA grievances initiated against the town." The LOF Board of Directors stated that "Ms Simpson does not speak on behalf of the LOF," but had in past years come to LOF clinics "as a participant" and "occasional volunteer."

The LOF directors said, "Any grievances she has initiated, she has done on her own." Mr Zeisler also said that Ms Simpson does not represent the LOF.

"Disturbing Events" Alleged

Another letter dated February 25 to town attorney David Grogins and Mr Rosenthal from Ms Simpson makes several assertions.

She alleged that "disturbing events" had taken place that she has witnessed in town; and that "Skiers with disabilities were skiing on the property owned by the director of LOF due to his kind and generous heart because Newtown had not complied with the ADA."

Ms Simpson said that Mr Rosenthal made an attempt "to tear the adaptive ski team apart." She states, "I have never witnessed such unprofessionalism and pure hatred from a town … It could not be clearer to me that discrimination is alive and well in the town of Newtown."

In her letter, Ms Simpson said a civil rights attorney has agreed to take over the case with Newtown.

She also states, "It is clear that Newtown has no intention short of a Court of Law to cease their discrimination and that their hatred and discontent of those with disabilities will continue until such time." She contends the town has presented "inaccessible venues" for alternate ski club events, and that the disabled have "every right to and will ski in Newtown."

Newtown Land Use Director George Benson said that the town is in the process of making Eichler's Cove facilities ADA compliant, "and the work will start this summer. It will take time to finish."

Among the scope of work is creating several ADA compliant boat slips at the marina, he said.

Parks & Rec Director Amy Mangold said, "We are making Eichler's cove ADA compliant because all of our facilities should be ADA compliant, and we strive to provide quality recreational opportunities for all of our residents.

"Making Eichler's Cove compliant is something that we wanted to do so that more community members could enjoy the beach and boating opportunities," Ms Mangold added.

'Securing A... Lawyer'

Ms Simpson said this week that she is "securing a civil rights lawyer" for her clients. Not a lawyer herself, she said, "I am turning over to someone with ability to try this in civil court."

She said the disabled skiers "have been denied access" to Eichler's Cove since the town purchased the formerly private property within the last ten years, "and should be compensated for this failure."

Her next steps, she said, is "to make a decision … to determine of it's a Newtown case or a civil case - broader." Eichler's Cove is a public lake, "not a private arena," and per the ADA, it must be accessible, she said.

As of April 17 she did not have enough information to proceed with the decision, she said.

To the suggestion that the LOF use Lake Lillinonah, Ms Simpson said, "I'm appalled." She said the town is "intent" that "they do not want disabled water skiers, it seems that way to me."

Any upcoming lawsuit will be for "discrimination against the disabled and failure to comply with ADA boating amendments," she said.

"I had to put this into hands more powerful than mine," Ms Simpson said. "People with disabilities have the right to be where they want to be in public and when those rights are violated, to me as an advocate, it is offensive."

Officials have refused offers to talk or meet with her, she said. "They're bringing this on themselves, in my opinion. They have slammed the door."

Mr Benson agreed he is not going to talk with Ms Simpson.

"I am not going to talk to her at all," and suggested she talk with town attorneys. "She has threatened us. She threatened that if he does not find a place for the LOF she made threats about court."

"Right off the bat," Ms Simpson threatened to "look at every [town] facility." Mr Benson said speaking civilly is fine, "but we don't have to take threats."

Because officials have "refused to talk with me," Ms Simpson said "I have to tell skiers to move forward with grievances."

She said, "Any skier has the right to file a grievance" in the future, she said. "It's unfortunate. They just want to enjoy the water like any other skier. It saddens me, greatly saddens me."

She thinks the situation is "going to end in court. Sad, in my opinion," although she hopes for a good resolution.

From The Neighborhood

Also among the papers were e-mails from Housatonic Drive resident Bill May, writing to Mr Rosenthal in February.

He asked about a prior conversation regarding an injunction against the LOF and stated he had made inquiries with the town's attorneys. Following was a printout of his e-mail to Newtown attorneys stating asking about an injunction for LOF operations from Housatonic Drive.

Mr May wrote asking for the "status of obtaining and enforcing an injunction to stop LOF Adaptive Skiers from running its business in a residential neighborhood as it has, largely unimpeded, for many years."

He notes from a February post on the LOF Facebook page that an event took place in February.

The LOF post announced an indoor adaptive snow ski training event on the evening of Wednesday, February 14, from 5:30 to 8 pm. Mr May states, "Attending were about 20 people creating a traffic mess of at least 15 cars making passage difficult on what is an already narrow street."

He concludes his e-mail, stating, "I need to put an end to this so that my family can enjoy our property in peace."

Other e-mails indicate that Mr Rosenthal had conversations with, or met with Mr Zeisler and his board chairperson Kathryn Wolf in December.

Ms Wolf wrote to Mr Rosenthal after one meeting saying, "I, and all of us at LOF will do everything possible to make a new site for LOF work for everyone …" Anxious to work with the new administration she closed saying, the group was pleased the new first selectman "is willing to work with us."

About a month later, Mr Zeisler wrote to Mr Rosenthal that his organization "was not treated properly by the town," naming various reasons, and that "I am responsible for LOF progressing with a site to be able to operate in the summer of 2018 and that is all that I'm trying to do."

Mr Zeisler 's hope was to "resolve potential issues," he wrote.

Mr May has since heard from Town Attorney David Grogins about an injunction is being "sought in court" regarding the LOF.

"After putting up with not being able to use my home for the purpose we intended when we moved here, it will be refreshing [for] this [to] finally come to an end," Mr May added. "I am asking that current town regulations be appropriately enforced."