Two News Reports on Disability Access

by Joseph A. Luciano, disability rights activist

1) Seymour shows hostility against downtown senior-disabled residents

All 38 residents of Seymour’s downtown Columbus Street may have gasped in dismay when they realized their street had been re-paved and white-striped—but without the handicapped parking spaces that had been there when they moved in. Instead, a glut of new signs warns of no parking on their side of the street and two-hour parking on the other.

One Columbus Street resident, Amanda (not her real name) goes for dialysis three times a week. Exhausted afterwards, she just wants again to park close to her apartment and go in for a nap to recover. Now that there are no handicapped spaces on Columbus—where 37 other senior-disabled per-sons live—she drives around looking for a parking space. Most always there is none: customers of the growing antiques and gift shop businesses in downtown have taken all of them.

So, Amanda resorts to parking in the municipal parking lot, which is on the other side of the block she lives on. Town Hall know-it-alls blithely think that lot is convenient for her. But they aren’t pushing a walker over pot holes, cracked pavement, and then over fake-brick bumps as they trudge around Tony’s Diner to get home. For her, it’s a long, laborious walk. It’s a hardship.

There is no justifiable reason for having a fire lane nearly the entire length of Columbus Street instead of parking spaces. There is also no reason for not having handicapped parking in the downtown district. The selectmen, P&Z, economic development and engineering have simply adopted a generally hostile attitude towards seniors and senior housing downtown. It may be that town leaders feel Amanda has little to offer the community when, in fact, over 18% of the population (50 million Americans) have disabilities and are living more independently and participating more actively in their communities. Each is a potential customer.

2) Want to be marooned somewhere? Try “Cross Service Area Transit”!

This writer, an ADA certified passenger, warns about using wheelchair bus transport called “Cross Service Area Transit” (CSAT). For it to work without being marooned depends on precise timing and coordination worthy of a circus trapeze act. Recently I was marooned if not abandoned at the transfer station established by Connecticut ADA service providers.

A year ago without public or rider input—and without safeguards—CONNDOT invented CSAT. In theory, the first bus company takes you to a transfer station, where a different bus company takes you to the next transfer station. Coordination between bus companies is poor to nonexistent. There is no real-time shared information about locations of buses of different companies that are meeting up at transfer points.

I have just updated the Underground Travel Guide of “Accessible” Places to Visit in New Haven County. Readers will notice that venues and visitor attractions outside of New Haven County will not be reviewed for ADA compliance and accessibility. Because of my location, trips out of New Haven County require CSAT, which I refuse to try again. Readers are welcome to submit their reviews (for ADA compliance/accessibility) of venues and visitor attractions outside of New Haven County. Please send text and photos to [email protected]. 250-300 word limit. (203) 463-8323.

State Commission on Human Rights Files ADA Complaint against Seymour Police Dept.

by Joe Luciano, Founder, Disability Rights Action Group of CT

The Connecticut Commission on Human Rights and Opportunities has filed an ADA complaint (CHRO Case 1730312) on my behalf against Seymour Police Department, which will have thirty days to answer. Citing Conn. General Statute § 46a-64, the complaint charges that a Seymour police officer expressed bigotry by mocking my mobility device, a power (wheel)chair, by calling it a “little cart” and by identifying me to other officers as “our motorized complainant” who needs to be “appeased.”

When, on Nov. 10, I called to report vehicles parked at Seymour’s Fishway Park blocking access on the sidewalk, the desk officer belittled my complaint, saying, “You can’t get your ‘little cart’ up on the sidewalk?” When I corrected him by saying, “It’s not a cart; it’s a power chair,” the officer said curtly, “Same thing!” Though I had identified myself by name and did not reveal I use a power chair for mobility, in conversations with other officers he referred to me as the “motorized complainant.” I feel he has a grudge against me either because I am a disabled person or openly an advocate for older persons. Or perhaps he has contempt for civil rights that the ADA of 1990 provides.

In settlement proceedings I will demand, among other things, that Seymour’s police department obtain—from a recognized training and development organization—sensitivity training to enable respectful police encounters with persons with disabilities and ADA education so that officers can learn about, and enforce, responsibilities and rights of persons with disabilities.

In my opinion, Seymour PD needs to accept that we older persons are here to stay. The community should get used to seeing, not ‘little carts’ drawn by ponies, but scooters, walkers, and wheelchairs of all kinds downtown. We live there.

[email protected]

Seymour’s Public Comment Policy Discriminates Against Disabled Citizens

This article is written by Joseph A. Luciano, Disability Rights Action Group of CT about himself.

Seymour Americans with Disabilities Act (ADA) and elder rights advocate Joe Luciano, says his hometown treats public comments provided by citizens with disabilities differently than those given by citizens without disabilities. He has filed an ADA discrimination complaint with the U.S. Department of Justice against the Town of Seymour and its first selectman, Kurt Miller.

“Citizens who appear in person to speak their comments have an unfair advantage,” says Luciano. “Their comments are entered into meeting minutes in detail. Mine, however, are entered merely as ‘Correspondence received,’” Luciano says. “All state municipalities, including Seymour, must accommodate persons with disabilities,” he says.

Luciano is unable to travel to evening town meetings because there is no wheelchair transport when meetings begin and end. So he sends his public comment by email and snail mail. Paratransport services are not provided at night in Seymour. “While I use my wheelchair in daylight to ride to downtown places, I do so at risk of life and limb riding in streets and gutters. Absent crosswalks, an impassable sidewalk on DeForest, absent curbcuts—and unremoved snow—are mobility barriers blocking access to sidewalks. At night I cannot safely travel the block and a half to town hall to speak my public comment,” says Luciano.

According to Luciano, the pitfalls and shortcomings of the snow-removal ordinance addressed in his emailed public comment were not entered into the minutes, which show comments in detail spoken by other citizens who presented theirs. “The minutes omitted essential points of my comment. That is, the same property owners year after year flout the snow removal ordinance. They do so with impunity because town safety authorities do not monitor and enforce compliance of ordinance even though enforcement with fines of up to $100 a day is mandated. Sidewalks with unremoved snow are mobility barriers,” explains Luciano.

According to Luciano, barriers to public accommodations and public services have inflicted staggering economic and social costs on American society and have undermined our well-intentioned efforts to educate, rehabilitate, and employ individuals with disabilities. Municipalities that refuse to accommodate persons with disabilities equally in public meetings prevent society from benefiting from the knowledge, skills and of PWDs. “The ADA guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.” [email protected] (203) 463-8323.

Seniors at Risk in Seymour: Elder Abuse at Columbus Street Senior/Handicapped Housing

by Joseph A. Luciano, Disability Rights Action Group of CT

Kimberly Dulka, owner of the All-American Valley General Store, has become principal advocate for the safety and rights of 12 handicapped seniors living in senior housing at 16 Bank Street (entrance on Columbus St.). Inaction of town officials has these seniors in harm’s way.

Architect/builder/developer Joe Migani has begun construction of more senior/handicapped housing on the very parking lot that was originally designated as parking not only for these resident seniors, but also for the proprietors of three established businesses: the General Store, an antique shop and a tea and pastry restaurant.

A picture of the construction site by author Joe Luciano

A picture of the construction site by author Joe Luciano

During construction, which is expected to last 18 months, these seniors have been advised by town safety officials to use municipal parking lots that officials deem “convenient.” However, access routes are in violation of ADA and state safety standards. Going to the nearest lot forces seniors to travel over earth and rubble and areas where sidewalks and curb cuts are absent. Then seniors have to pass over a state highway gutter between parked vehicles and fast-moving traffic. Routes to the distant (more than 1,000 feet) lots, besides being without crosswalks and curb cuts, are heaved like a roller coaster and are impassable to wheelchairs because of broken sidewalks. Also sidewalks that begin with a ramp do not have curb cuts at the other end. Town officials have sparked the ire of businesses by giving these seniors placards or stickers entitling them to park anywhere, thus using spaces needed for customers.

Questionable, if not illegal, decisions or approvals at planning and zoning meetings (some informal) have been dis-covered in Dulka’s review of minutes. State auditors have been asked to investigate whether terms of grants and loans are being followed. Many town citizens are backing Dulka’s petition to call for a special town meeting to stop construction as they believe this project is violating zoning laws and will cause inestimable damage to economic development, parking, businesses, as well as the health and well being of these senior/disabled residents. PAR readers and members: please consider signing and commenting on the petition at http://www.change.org/p/dannel-malloy-special-meeting-for-38-columbus-st-seymour-project-affecting-seniors-businesses-parking.

For updates and to get involved, contact  Joseph A. Luciano, (203) 463-8323, [email protected].