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    Sunday, May 05, 2024

    East Lyme pre-empts federal lawsuit with ADA settlement

    East Lyme – First Selectman Kevin Seery this week signed a settlement agreement with the U.S. Department of Justice after a complaint was filed with the federal agency alleging that the Town Hall is inaccessible to people with disabilities.

    The agreement with the U.S. Attorney’s Office in New Haven was reached before the case ended up in federal court under the Americans with Disabilities Act. The town has until the end of 2025 to complete the upgrades.

    Seery said one of the biggest projects involves ADA improvements to the bathrooms on each of the building’s two levels. Officials are also looking into installing an elevator or platform lift.

    The first selectman said people with mobility issues who need to get from one floor to the other without using stairs must currently go down the ramp in front of the building and around to the back entrance.

    According to the settlement agreement, a complaint from an unnamed person led to a visit early in 2022 by the federal agency during which the deficiencies were noted.

    Resident and longtime civic volunteer Joe Mingo, who uses a wheelchair, has been critical of the Town Hall’s accommodations for disabled people. He said Saturday he is not the one who filed the complaint leading to the settlement agreement, though he has made his concerns known.

    “I already told them they’ve got to put an elevator in,” he said of his talks with local officials.

    Mingo, now 80 years old, said he was 55 when he developed a chronic and worsening condition affecting the muscles in his legs that has left him increasingly dependent on his wheelchair.

    Mingo said the ramp in front of the building is too steep for him to manage in his wheelchair without help. And there’s only one accessible bathroom stall on the main level.

    “They do have a handicapped toilet, but it’s in the women’s room,” he said. “If I’m on my way to the toilet and a woman wants to get in there, I have to wait. And then, once I’m in there, I can’t negotiate my wheelchair.”

    The settlement agreement noted the bathrooms on both levels lack space to maneuver a wheelchair. Stalls in the men’s bathrooms are 36 inches wide, while 60 inches is required to meet guidelines for accessible stalls.

    Then there are parking spaces for those with disabilities Mingo described as anything but accessible.

    “There are handicapped spaces in this town that are so far away from the front door you can’t access it,” he said.

    The settlement agreement requires accessible parking spaces to be relocated closer to the main entrance and existing 5-inch high curbs to be removed in places so it’s easier for those in wheelchairs or mobility devices to get onto the sidewalk.

    Mingo blamed his recent resignation from the Water and Sewer Commission after 40 years on the lack of accommodations at the Town Hall.

    “For people with disabilities, it’s disconcerting that you can’t participate in public government,” he said.

    Other required upgrades to be finished by the end of 2025 include lowering counters in public spaces including the tax collector’s office, assessor’s office, building department and public works department. The installation of handrails in multiple places and more signage are also part of the agreement.

    The agreement includes a shorter, 18-month time frame for making drinking fountains ADA-compliant.

    U.S. Attorney Vanessa Avery in a news release commended town leadership for working “cooperatively and collaboratively” with her office to address the ADA issues without litigation.

    “Among the most important protections provided by the Americans with Disabilities Act are those ensuring individuals with disabilities have access to public services, especially key local government facilities such as Town Hall,” said Avery.

    The ADA authorizes the U.S. Department of Justice to investigate complaints and do periodic reviews to ensure compliance. The agency can also bring civil lawsuits in federal court.

    “We greatly appreciate the willingness of the town of East Lyme and the commitment of its first selectman to greatly increase the accessibility and usability of East Lyme’s Town Hall,” Avery said.

    Seery said the U..S Attorney’s office worked with Town Attorney Mark Zamarka to come up with a timeline that worked for both parties. He said an initial draft of the agreement only gave the town 60 days to make all the required fixes instead of the 33 months in the approved settlement.

    The agreement requires a registered design professional to look at accessibility issues when it comes to getting inside the building and getting from one floor to another. The deadline for the ADA surveys is July 31.

    Seery said Town Engineer Alex Klose is looking into options for a platform lift that would be more economical and efficient for the space than an elevator.

    “They didn’t tell us we had to do that, but we decided it was time to address that concern,” he said.

    Seery said it’s too early to tell how much the improvements will cost. He is requesting $175,000 in capital expenses for the project as part of the 2023-24 budget proposal currently going through a months-long approval process.

    The Board of Selectmen on Feb. 1 voted unanimously to authorize Seery to sign the settlement agreement.

    “It’s time to do this, and it’s time to do it right,” he said.

    e.regan@theday.com

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