Is this going to put the town and the Land Trust in jeopardy?
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| Handicapped access is a legally protected civil right |
By Will Collette
At the December 28 Planning Commission meeting, Commissar Ruth Platner led a 45-minute discussion about how to advise the Town Council on the proposal to spend at least $475,000 of town funds to buy the derelict YMCA Camp on Watchaug Pond.
The total acquisition cost to make yet another 27.5 acres permanently tax-exempt is an estimated $946,000, of which $367,000 would come from the state of Rhode Island
After spending almost $1 million in taxpayers’ money, the plan is to give title to the Charlestown Land Trust. The exact purpose and use of the land, currently covered with 15 derelict buildings and leaking cesspools, is unclear. A recent fund-raising flyer by the Charlestown Land Trust says the property will become a “nature sanctuary.”
During the rambling discussion, the most contentious issue among the Commissioners was parking and access, particularly for the handicapped and for small children.
The neighbors to the north in Watchaug Heights
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| Entrance to Sonquipaug's private road – the only practical solution to the handicapped access problem |
The Sonquipaug neighborhood to the south apparently isn’t even being considered for parking, even though of the three abutting areas, they are the closest (see Google maps at the end of this article).
Plus, they are the NIMBY group that killed the proposed conservation development (i.e., taxpaying homeowners) that would have gone on that site. Instead, the Sonquipaug neighborhood insisted the land be set aside as open space largely for their benefit and enjoyment.
Whether the town of Charlestown
Ms. Platner mentioned there is a long public trail, the Vin Gormley Trail, that goes from the ocean shore up past the Y Camp area heading north. She claims this trail is handicapped-accessible. She said this trail links with Prosser Trail. But that puts the closest access point between the Vin Gormley Trail and the point of access to the pond at just under 2,000 feet.
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| Constructing an ADA-compliant trail |
That is, as Platner admitted, impossible for a handicapped person. But Platner dismissively noted that “the number of people who hold handicapped plates is not great.”
Platner didn't give a number. She also didn't say if she was talking about Charlestown residents, part-time residents or visitors. But it really doesn't matter how many handicapped people there are – it only takes one qualified handicapped individual to file a complaint or a lawsuit under the Americans with Disabilities Act.
Other Commissioners noted that the distances proposed are also too long for small children.
This December 28 Planning Commission discussion puts its members on record as fully aware the site poses a serious handicapped access problem, one for which there is no current solution.
Failure to make sure the land use plan complies is just begging for a civil rights complaint to the Justice Department as well as legal action that would also put the town and the Land Trust in line for major legal costs and likely fines and penalties.
The federal Americans with Disabilities Act applies not just to federal facilities or those funded with federal dollars, but to municipal facilities (Title II of the Act ) and to non-profit organizations like the Charlestown Land Trust (Title III of the Act) .
The Act includes “park[s], zoo[s], amusement park[s] and other place[s] of recreation” within its long list of “places of public accommodation” that are covered by the Act, even if they are operated by a private entity, including non-profit organizations, in §36.104
Handicapped persons can file complaints with the Office of Civil Rights of the US Justice Department or bring suit themselves. If the DOJ pursues the complaint, it can seek fines of up to $55,000 for a first offense and up to $110,000 for each subsequent offense. (Subpart E, especially §36.504)
Since RIDEM has awarded a $367,000 matching grant to purchase the YMCA Camp and they are responsible for enforcing RIGL 32-1-17, there’s yet another reason why Charlestown needs to comply with its legal (and moral) duty.
Unless the project complies with state and federal law on access for the handicapped, RIDEM may change its mind about the $367,000 grant.
Planning Commissar Ruth Platner seemed to take the position that handicapped access isn’t going to be the town’s problem – we (and the state) will simply pay $1 million and hand it over to the Charlestown Land Trust. Then, handicapped access becomes their problem. You should listen to the discussion on Clerkbase audio for yourself.
Maybe so, though Ms. Platner is not a lawyer or a specialist in handicapped rights. However, the town Planning Commission is keenly aware that there are significant access problems for the handicapped.
In my opinion, it would be irresponsible for the Planning Commission to recommend the town spend half a million dollars of your tax money and mine without ensuring that there is ADA-compliant access to the site. I doubt that simply transferring title to the Land Trust allows Charlestown
If you look at the maps below, the only logical place to have accessible parking is in the Sonquipaug neighborhood. That would cut the distance from parking to pond access to around 300 feet, compared to over 1000 feet for a Bayberry parking lot or well over 2000 feet for parking on Prosser Trail.
The Sonquipaug Neighborhood is signposted “Residents Only,” so this area is probably private and self-maintained. But in my opinion, they should be grateful for the $1 million gift they would be getting if the Y Camp is indeed purchased for open space. Parking for the elderly, handicapped and families with small children is the least they can do to show that gratitude.
Without that accommodation, there are serious ADA Boston
If the Sonquipaug neighborhood doesn’t want to help make the site ADA-compliant, let them buy the YMCA Camp themselves. With their own money.
Ms. Platner may think there aren’t many handicapped people or that their legal rights don’t matter. She is entitled to her own personal opinions and biases. However, as head of the town Planning Commission, her stance is irresponsible. If the Planning Commission advises the Town Council to go forward with this transaction without clear ADA compliance on the important issue of access, the Commission is derelict in its duty to the town.
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| Access from the closest point on |
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| Access from the closest point on Prosser Trail (most favored parking location), which is opposed by residents living on Prosser Trail. Straight-line distance – 1813 feet; likely walking distance by trail – well over 2,000 feet |
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| Access from the closest point in Sonquipaug Neighborhood – an option apparently not even under consideration, even though this whole plan is driven by the Sonquipaug neighborhood. Straight-line distance – 243 feet. Likely walking distance by trail – around 300 feet. |