Hoping to put her case in the Department of Justice's (DOJ) hands, Chera Ann Simpson, a resource consultant and advocate for the disabled, filed a Citizen's Complaint Form with the DOJ against Newtown, Wednesday, June 13, through the US attorney's New Haven office.

Naming Michelle Duprey, Esquire, director of disability services, New Haven, as the person who referred her to the DOJ office, Ms Simpson wrote in the form that she has been "attempting to assist a number of people with disabilities against discrimination in… Newtown." Her complaint form states that the town "has directly violated their rights by refusing them access to the water at their public beach/marina."

Ms Simpson writes that she has "filed and won" grievances against the town regarding ADA compliance at the public beach and marina - Eichler's Cove. "Yet they still fail to comply" with accommodations. She writes, "As I am not an attorney, I cannot force them to comply." She states she has "spoken to your attorney David Huang, who advised me to submit this complaint."

Ms Simpson writes that, "This is an urgent matter, as summer is upon us, and yet again, the disabled have been denied water access." Her complaint states, "Your immediate assistance is desperately needed here…"

The formal DOJ complaint follows a letter Ms Simpson sent to town officials on Monday, June 11, in which she seeks to learn the town's "plans to bring your town into compliance with the ADA. If you wish to remedy this issue quickly… by allowing immediate accessible water access to those with disabilities and comply with the ADA, feel free to contact me. Your town cannot continue to deny accessible water access for yet another summer without my clients seeking damages through the DOJ."

She indicated in Monday's letter to First Selectman Dan Rosenthal and town attorney David Grogins that she would be making a complaint with the DOJ.

Ms Simpson said Wednesday that the DOJ "will make a decision to take over the case, which is what I am hoping here. They have power to enforce the laws. I don't have the power to force [Newtown] to comply."

She said, "I am just an advocate. I have no legal power and have to rely on the DOJ."

The complaint is accompanied by attachments, including two American With Disabilities Act (ADA) grievances her clients filed in Newtown in December 2017 for failure to provide an accessible dock allowing a disabled person to access the water "to waterski in your community."

Regarding the DOJ complaint, Mr Rosenthal said this week, "We are prepared to respond." In past months, he and town staff have, "researched ad nauseam the ADA requirements…"

He said, "We have researched it, and we are making Eichler's ADA compliant." He does not begrudge Ms Simpson's efforts, but feels that regarding compliance "We are having a difference of opinion over this. We have no objection to being compliant, but the key distinction is we don't think we have to make Eichler's a ski facility."

Once upgrades to infrastructure are complete, Mr Rosenthal said, "People with disabilities will have access to the water and designated boat slips." If there is a DOJ inquiry, he said, "We will absolutely respond as necessary."

Ms Simpson is "reaching out to DOJ, and if the DOJ contacts Newtown, we will respond, but the town is denying no one access to the water," Mr Rosenthal said.

ADA Grievances

Ms Simpson's clients who live out-of-state, and who had filed the ADA grievances in December, had been in Newtown to participate in Sandy Hook-based LOF Adaptive Skiers clinics held for the disabled. Caren Landis of Valley Cottage, N.Y., and disabled veteran Gerard Miserandino of North Woodstock, N.H., had participated in LOF events, including one clinic run from the Eichler's Cove Marina.

Both grievances seek access to the water "to waterski," which currently is not an activity offered at the beach/boat launch/marina.

In response to the two grievances, Mr Rosenthal said the town is working to install boat slips accessible to the disabled. "We are doing that and also installing a boardwalk where someone with a disability can gain access to the water."

However, waterskiing access is not part of the plan. "There is no ADA requirement saying we have to allow skiing from the property." The town is "proceeding with upgrades" to make Eichler's Cove ADA compliant. Mr Rosenthal expects work will be done by the end of the year. "People will have access to the water and boats, but not to skiing," as Eichler's Cove is not a waterskiing facility, he emphasized.

Newtown's Chief Building Official and ADA contact John Poeltl had received and responded to the December grievances, met with both parties, and issued a letter of reply, in which he states, "Thank you for bringing to our attention the deficiencies in regards to accessibility at the Town of Newtown's Eichler's Cove Marina. I have been in contact with [Parks & Recreation Director Amy Mangold]. She informed me they have retained the services of Stantec Consulting. They will be providing the town with a scope of work to bring the marina into compliance with state and federal accessibility laws."

Does Mr Rosenthal believe the town has discriminated against people with disabilities? "No," he said. ADA grievances were filed, "and we responded" by making Eichler's Cove compliant, he said. "But that does not mean it's waterski compliant…"

During a recent Parks & Recreation Commission meeting Tuesday, June 12, Ms Mangold said planning for the Eichler's Cove improvements are "happening now."

The LOF clinic ran out of the Eichler's Cove facility after LOF founder Joel Zeisler received from the town a cease and desist order for running clinics from his Housatonic Drive address. The activity was a zoning violation, officials had said. The town then offered the use of town property at Bridge End Farm Lane, which also proved problematic.

Eichler's Cove, another town facility, served as a potential location to run the LOF clinics, which have served the disabled for more than 20 years. Most recently, an LOF event took place from the town-owned Lake Lillinonah boat launch, for which Mr Zeisler received the proper event permits.