Disabled skiers and wounded veterans will no longer be able to participate in waterski clinics conducted for more than 20 years from a Housatonic Drive residential address, following a court order concluding a recent conflict.

LOF Adaptive Skiers and Founder Joel Zeisler "shall not conduct, allow, engage in, or otherwise permit any LOF-sanctioned activities … to occur on [Mr Zeisler's Housatonic Drive address]," states a stipulated judgment through the Danbury Superior Court, which multiple parties signed Friday, July 20.

"It effectively resolves things for now," said First Selectman Dan Rosenthal, regarding a zoning issue that prompted tension between neighbors and the Sandy Hook-based LOF and the town starting two summers ago.

This week, following the judgment, Mr Zeisler said, "LOF's goal at the moment is to get the disabled community back on the water." However, where and when potential ski clinics will be held remains a question.

Mr Rosenthal said Wednesday morning, "There is a willingness [from the town] to work with them. I am still willing to work something out. I am open-minded."

Town officials in August 2016 had served a cease and desist order on Mr Zeisler concerning the alleged use of his property to hold LOF events, which had grown in size and frequency since clinics for the disabled began roughly 25 years ago. Neighbors had raised complaints regarding parking issues, lake use issues, and alleged that Mr Zeisler was operating the nonprofit LOF business from his home address.

The matter landed in Danbury Superior Court earlier this year, concluding Friday, July 20, when Defendants - Mr Zeisler, attorneys Gordon & Rees, and LOF Director David Wiener - and Plaintiffs - Town of Newtown Director of Planning George Benson and town attorneys Cohen and Wolf, P.C. - all signed the stipulated judgment.

Mr Rosenthal "hopes all will live up to the agreement and that all signed in good faith."

Both sides "agreed that Joel can only use his lake-side property for personal use," Mr Rosenthal said. If the town is notified that Mr Zeisler is holding LOF events there, Mr Rosenthal said, "He will meet with us," and potentially go back to court for contempt.

Mr Rosenthal said, "Assuming all parties abide by the agreement, then it ends the zoning issue at Housatonic Drive." An "unfortunate zoning matter," in his mind, Mr Rosenthal said the situation needed to be resolved. As written in the judgment, Mr Zeisler and LOF "deny all material allegations of the Cease and Desist Order and Plaintiff's complaint."

Also included in the judgment language: "Mr Zeisler shall not engage in any commercial and/or club related use of the Property or contiguous properties in Town, except to the extent Mr. Zeisler and/or any person or third-party organization applies for and obtains a special permit or variance or other appropriate approval from the Town," states the judgment.

Mr Rosenthal clarified that yes, the LOF organization can apply for temporary events permits to operate ski clinics from town properties that access Lake Zoar or Lake Lillinonah.

Last year, with the cease and desist order already in place, and in order to work with Mr Zeisler in conducting his clinics from a location other than his neighborhood on Housatonic Drive, the town had offered its property, a small park with water access, on Bridge End Farm Lane. LOF events there soon prompted complaints from neighbors, and vandalism of LOF property that had been placed on site. This year, Mr Rosenthal said Bridge End Farm Lane is "not an option."

The Judgment

The judgment also clarifies: "Nothing herein shall or is meant to preclude Mr Zeisler from using the Property for his personal use and enjoyment, including the ability of Mr Zeisler to invite family, friends and other guests and/or invitees, including persons who happen to have an affiliation with LOF or some other third-party organization, to his Property for activities and/or uses, which may, at times, include waterskiing and other recreational water activities. However, individuals using the Property, as family, friends, invitees or guests of Mr Zeisler shall not pay a registration fee or deposit for such use or provide any other payment, consideration, or remuneration of any kind as a requirement for such use. Such individuals shall also not sign a waiver/release as a requirement of such use.

"This stipulated Judgement is a final judgement… and fully and finally resolves all such matters that were asserted in the Plaintiff's complaint… This Stipulated Judgement is final and shall not be appealed by Defendants," the judgment states.

A Parallel Matter

Two Americans with Disabilities Act (ADA) grievances filed with the town in November 2017 by disabled skiers from out of state who had participated in events with LOF in Newtown are also at play, mentioned in a June 13 complaint filed with the Department of Justice (DOJ).

Hoping to put her case in the DOJ's hands, Chera Ann Simpson, a resource consultant and advocate for the disabled, including the two who had filed ADA complaints, filed a Citizen's Complaint Form with the DOJ against Newtown in June, through the US attorney's New Haven office.

Mr Rosenthal said this week that he has not yet heard from the DOJ about this matter.

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 wrote 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 said.

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."

The complaint is accompanied by attachments, including two 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."

He said, "We have researched it, and we are making Eichler's ADA compliant. 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's clients, who live out of state and who had filed the ADA grievances in December, had been in Newtown to participate in LOF clinics . 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."

LOF, which offers free snow and waterski clinics to children, adults, and veterans with disabilities or injuries, has been operating for more than 25 years. The organization began with one skier in 1992 and had since expanded to offer ski clinics to a growing number of children and adults from Sandy Hook and surrounding towns and states. The organization has participated in numerous Wounded Warrior and other events open to the disabled. Learn more at LOFadaptiveskiers.org.