In a news item that was published in The New Haven Register on Thursday November 17,2011 " Maturo to take oath as East Haven's next mayor on Green Saturday"
I brought to the Mayor of East Haven's attention that the Town Gazebo was covered under the Federally Mandated Americans with Disabilities Act that the Gazebo failed to comply with the accessibility Standards when I stated "it is not accessible to people with disabilities and Maturo will be violating the act from the moment he takes office."
Mayor Maturo's response at that time was "Maturo said that the Green is accessible, and “none of the people in the gazebo are in wheelchairs.” He said he had no intention of changing his plans based on Hoff’s criticism."
Title II requires city governments to ensure that all of their programs, services, and activities, when viewed in their entirety, are accessible to people with disabilities. Program access is intended to remove physical barriers to city services, programs, and activities, but it generally does not require that a city government make each facility, or each part of a facility, accessible. For example, each restroom in a facility need not be made accessible. However, signage directing people with disabilities to the accessible features and spaces in a facility should be provided. Program accessibility may be achieved in a variety of ways. City governments may choose to make structural changes to existing facilities to achieve access. But city governments can also pursue alternatives to structural changes to achieve program accessibility. For example, city governments can move public meetings to accessible buildings and can relocate services for individuals with disabilities to accessible levels or parts of buildings. When choosing between possible methods of program accessibility, however, city governments must give priority to the choices that offer services, programs, and activities in the most integrated setting appropriate. In addition, all newly constructed city facilities must be fully accessible to people with disabilities. 28 C.F.R. §§ 35.149, 35.150, 35.151, 35.163. It is now July 6, 2012 and as the attached photo will clearly show The Town Of East Haven has made no improvements to the Gazebo and accessibility is denied to those residents in wheelchairs or with other disabilites which is a violation of the Title II requirement of the Americans with Disabilites Act.
The Town of East Haven Has just announced their summer concert series dates and in so doing without updating the gazebo is once again violating Title II as the entire event including the gazebo will not be accessible to residents with disabilites. There are many talented performers who if the gazebo complied with the federally mandated law that could be brought in for the summer music series and perform for the benefit of East Haven's residents.
Ten Years and eight months is far too long for this Mayor to turn his attention away from the disabled residents of this community.