Date: Fri 07-Aug-1998

Publication: Bee

Author: STEVEB

Quick Words:

ADA-Justice-Department-Beres

Full Text:

Justice Dept. Dismisses Complaint Against Town

BY STEVE BIGHAM

Like most advertisements these days, meeting agendas put out by Newtown's

local government include some fine print at the bottom. It states that all

disabled persons can call ahead for assistance in attending any public

meetings.

The fine print appears to have gotten the town off the hook with the US

Justice Department, which was investigating charges that the Town of Newtown

had violated the rights of disabled persons.

Members of the town's Persons with Disabilities Committee, formerly headed by

Wendy Beres, filed the complaint this past November, alleging that the town

had violated federal disability laws by holding public meetings in buildings

that are inaccessible to persons with disabilities. Joining Mrs Beres in the

complaint were committee members Patti Clay, Arthur Bennett and Robert

Berkins.

According to Justice Department investigator, Carolyn Russell, towns may not

deny the benefits of its programs, activities and services because its

facilities are inaccessible. However, public entities are not necessarily

required to make each of their existing facilities accessible.

Mrs Beres said she was not surprised by the decision, but hoped the issue

would serve as a reminder to the town that the rights of disabled persons must

never be violated. These rights are provided for under the Americans with

Disabilities Act (ADA) of 1990.

"Certainly, I was a little disappointed they didn't go after the town for

that," Mrs Beres said. "On the other hand, the letter indicated that this was

an ongoing thing and the town needs to be careful about what it's doing in

terms of handicap accessibility."

Mrs Beres, who recently resigned as chairman and member of the local Persons

with Disabilities Committee, actually made the recommendation for the

assistance policy which helped the town avoid any punitive action.

"Carolyn Russell [of the Justice Department] told me it was written so well,

`It actually protected the town from you,'" Mrs Beres said.

Problems between the disability committee and the town date back to June 1996

when Mrs Beres filed a grievance after a hearing of the Planning & Zoning

Commission was moved from Town Hall South to the difficult-to-access

Alexandria Room at Edmond Town Hall.