ABSTRACT: The City of Carmel-by-the-Sea’s copy of complainant Kenneth B. Cusson’s Title II of the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form filed on February 27, 2015 with the U.S. Department of Justice Civil Rights Division is embedded. Selected excerpts from the Complaint, as follows:
Describe the acts of discrimination providing the name(s) where possible of the individuals who discriminated (use space on page 3 if necessary): The Carmel City Council approved plans for the Forest Theater remodel that creates a 1) inadequate and dangerous emergency exiting for disabled audience members, limited to one side of a 500 seat auditorium; 2) inadequate and dangerous emergency exiting for disabled performers/volunteers, limited to one side of the stage; 3) subjects audience members with disabilities to embarrassment and undue and unavoidable attention when entering, exiting or using public services such as restrooms, concessions or box-office; 4) subjects performers with disabilities to embarrassment and undue, unavoidable attention when entering or exiting the stage, or when accessing public services such as concessions or box-office; 5) lack of an accessible dressing room/restroom in close proximity to the main stage, where private dressing rooms are provided for able-bodied performers; and 6) the planned addition of only one (1) handicapped parking space, for a 500 seat facility, in a very awkward and dangerous location is inadequate and that beyond the one space being provided, the currently existing spaces in the general parking lot are not accessible, nor is there an easily accessible path from the two (2) currently existing handicapped parking spaces from the general parking lot to the theater. Alternate ideas, proposed by the community, which would move all existing and potential handicapped parking places to an easily accessible, safe location have been ignored by the City Council.
Describe the acts of discrimination providing the name(s) where possible of the individuals who discriminated (use space on page 3 if necessary): The Carmel City Council approved plans for the Forest Theater remodel that creates a 1) inadequate and dangerous emergency exiting for disabled audience members, limited to one side of a 500 seat auditorium; 2) inadequate and dangerous emergency exiting for disabled performers/volunteers, limited to one side of the stage; 3) subjects audience members with disabilities to embarrassment and undue and unavoidable attention when entering, exiting or using public services such as restrooms, concessions or box-office; 4) subjects performers with disabilities to embarrassment and undue, unavoidable attention when entering or exiting the stage, or when accessing public services such as concessions or box-office; 5) lack of an accessible dressing room/restroom in close proximity to the main stage, where private dressing rooms are provided for able-bodied performers; and 6) the planned addition of only one (1) handicapped parking space, for a 500 seat facility, in a very awkward and dangerous location is inadequate and that beyond the one space being provided, the currently existing spaces in the general parking lot are not accessible, nor is there an easily accessible path from the two (2) currently existing handicapped parking spaces from the general parking lot to the theater. Alternate ideas, proposed by the community, which would move all existing and potential handicapped parking places to an easily accessible, safe location have been ignored by the City Council.
Have efforts been made to resolve this complaint through the
internal grievance procedure of the government, organization, or institution?
Yes__XX__ No______
If yes: what is the status of the grievance? Not being
an employee issue, or a union issue, there doesn’t seem to be a grievance
process on a city capital project such as this. The normal planning and
community advisory process was eliminated, or “fast-tracked” (by the City) and
the only public comment period was at a regular or special meeting of the city
council. Handicapped individuals, and community members speaking on behalf of
handicapped individuals, have appeared numerous times at these meetings before
the Council, and at the Forest Theater site visit, attended by members of the
community and city officials - all public meetings advertised to obtain public
comment – all expressing the very same concerns. Similar issues were raised at
the site visit to the Forest Theater where the architect described the extreme
fire danger and threat of a lawsuit. All expressed concerns have been
effectively ignored and the City plans to proceed with the plans they have.
U.S. Department of
Justice
Civil Rights Division
Disability Rights Section
OMB No. 1190-0009
Title II of the Americans with Disabilities Act
Section 504 of the Rehabilitation Act of 1973
Discrimination Complaint Form
Complainant: _______Kenneth B. Cusson
REFERENCES:
Complaint filed over Forest Theater renovation planPosted: 03/05/15, By Tom Leyde, The Monterey County Herald
MONTEREY COUNTY WEEKLY
Posted: Thursday, March 5, 2015
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