Wheel Me On, et. al. VS City Of Clarksville

Case Number 3-02-1082

A Class Action for Persons Using Mobility Devices and ALL Others Similarly Situated

All persons required to use devices such as wheelchairs or scooters for mobility residing in the City of Clarksville or visiting the City of Clarksville, are considered Plaintiffs in this Class Action. We would like to hear from persons who are willing to roll forward, speak out, inform or help provide assistance. Please telephone 931-551-9204 or Contact Wheel Me On...

City of Clarksville ADA Title II

ADA Coordinator
Hatem Shah
One Public Square
Clarksville, TN 37040
Telephone 931-645-7464

City of Clarksville ADA Title II
Accessibility Advisory Committee & ADA Task Force Members

The Accessibility Advisory Committee and ADA Task Force Members suggested and implemented during a Federal Court Mediation was originally established by the City of Clarksville with John Mosley, as the ADA Coordinator, with the Accessibility Advisory Committee and Task Force Members consisting of Russell A. Cain, President, Uniformed Services Disabled Retirees (Past-President); Julia Hollenbeck, President/CEO, Wheel Me On; David Griffith, Director of Access, Wheel Me On; and Beulah C. Oldham, Director, Office of Disability Services, Austin Peay State University; all residing in Clarksville, Tennessee. The Mayor of the City of Clarksville later eliminated the Accessibility Advisory Committee and Task Force Members without advice or notice to all members.

City of Clarksville ADA Title II Consultant

John Mosley
Telephone 573-424-5081

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Wheel Me On, et. al., VS. City of Clarksville

City of Clarksville Access

February 10, 2006

It is my impression that the numerous February 9, 2006, emails between Julia Hollenbeck, the CEO of Wheel Me On; Hatem Shah, the ADA Title II Coordinator for the City of Clarksville, Tennessee; and Beulah C. Oldham, Director of the Office of Disability Services at Austin Peay State University, indicates that some of the public concerns and comments of December 13, 2005, surrounding the Mayor's Accessibility Advisory Committee, and the City's ADA compliance records, policies, and practices are finally being addressed.

The reason and purpose of this and similar requests are defined in recent emails such as February 9, 2006. I hope that this action will quickly assert and build public confidence and trust in the independency, integrity, and professionalism associated to the committee membership, dedication, goals, purpose, and intentions.

For the sake of clarity and brevity, I am providing a little insight and historic information regarding the Mayor's Accessibility Advisory Committee and the Interim Settlement Agreement.

According to the public documents that are currently in my possession, on March 31, 2004, the first City of Clarksville, TN, ADA Title II Advisory Panel meeting occurred and within days, Mayor Donald Trotter began identifying members of his Accessibility Advisory Committee. In addition, public requests for effective accommodation assistance and information pertaining to the City's ADA compliance actions began.

I believe the first public record on file that actually mentions the City of Clarksville's ADA Accessibility Advisory Committee Appointments is dated November 7, 2005. The list included the names of:

1. Jay Albertia
2. Russell Cain
3. Julia Hollenbeck
4. Beulah Oldham
5. Steve Traylor
6. Gary Tuttle

Public records that I possess (i.e., dated November 7, 2005, through December 13, 2005) establish the reliability and creditability of the November 7, 2005, public record and its definition of the City of Clarksville's ADA Accessibility Advisory Committee Appointments and purpose.

According to recent Clarksville ADA compliance records, the events and public comments surrounding the December 13, 2005, public ADA meeting are already public records and the issues and topics involving the City's ADA Accessibility Advisory Committee Appointments are public records as well and are self-explanatory.

A public record of December 16, 2005, prepared by David Haines, the City Attorney, establishes a change to the City's ADA Accessibility Advisory Committee Appointments. The names identified as members of City's ADA Accessibility Advisory Committee as of December 16, 2005, were:

1. Jay Albertia
2. Russell Cain
3. Julia Hollenbeck
4. Seth Till
5. Steve Traylor

Please note the City Attorney's roster deletes Beulah C. Oldham and Gary Tuttle while adding Seth Till (Seth Till's name is not mentioned within any of the February 9, 2006, emails that I have received). I am aware that the Wheel Me On Organization had taken the necessary actions to change its appointed City's ADA Accessibility Advisory Committee members, but the public records that I currently possess (i.e., December 16, 2005, through February 7, 2006) do not indicate whether our Mayor had finalized appointments and revisions to his ADA Accessibility Advisory Committee.

However, recent February 9, 2006, e-mails from Hatem Shah and others show that Steve Traylor has been replaced by David Griffith. In addition, the list again includes Beulah C. Oldham. It is my understanding that the individuals appointed to the City's ADA Accessibility Advisory Committee are now:

1. Jay Albertia - Executive Director of PDI
2. Russell A. Cain - President of the USDR
3. David Griffith - Board Member and Access Director for Wheel Me On
4. Julia Hollenbeck - CEO of Wheel Me On
5. Beulah C. Oldham - Director of Disability Services for APSU

Seth Till (status was undefined and later removed)

It is my impression that Mr. Shah has been designated all applicable responsible and duties associated to the administrative requirements, resourcing, and staffing functions aligned to the Mayor's Accessibility Advisory Committee. In addition, it is my belief that Hatem Shah will accomplish the necessary tasks to ensure that the City's ADA Accessibility Advisory Committee is provided all public records and information inherent to the acceptance of appointment to the committee as specified and implied by the Interim Settlement Agreement and our Mayor's intentions.

From the information that is currently available, I must assume that Mayor Trotter has retained his commitment and legal responsible to ensure the establishment of an ADA Accessibility Advisory Committee quorum and operational interactions/functions between his ADA Accessibility Advisory Committee and the applicable City Officials and departments.

It is my understanding that John Mosley, the City ADA Consultant, has already accepted the duties and responsibilities coupled to the needs and requirements of Mayor Trotter's ADA Accessibility Advisory Committee tasks and obligations.

It is my opinion, that according to the information contained within several City of Clarksville ADA compliance and public records, members of the Mayor Trotter's ADA Accessibility Advisory Committee and the City's ADA Task Force are the same exact individuals. It is my belief that our Mayor has indicated that these same individuals can effectively serve the City in several unique roles and purposes.

In summarization, I propose that the members of Mayor Trotter's ADA Accessibility Advisory Committee meet at the Mayor's Conference Room for a meeting/briefing on Wednesday, February 22, 2006, beginning at 4 P.M.

Sincerely,
Russell A. Cain, President
Uniformed Services Disabled Retirees

Letter to the Public

February 7th, 2006

In April 2004, Mayor Donald Trotter, Clarksville, Tennessee, asked me to assist and support the City's Americans With Disability Act (ADA) compliance and education endeavors by accepting an appointment to the Mayor's Accessibility Advisory Committee and later to the City's ADA Task Force as the veteran's representative. It was my understanding that City Officials, such as our Mayor, had wanted to capitalize upon our City's military retiree's collective knowledge and expertise, management and oversight skills, and effective communications capabilities. I had served in the United States Army for over 24 years in many unique and demanding areas of the law enforcement field. However, in January 1998, I was medically retired from the United States Army because I suffer from chronic and progressive Meniere's Disease (i.e., vision and hearing impairments, etc.) and an assortment of chronic musculeosketal problems. In addition, the Department of Veterans Affairs lists me as 100 percent and totally disabled and I do receive Social Security Administration disability payments.

Unfortunately, the Mayor's Accessibility Advisory Committee and the City's ADA Task Force have repetitively encountered numerous stumbling blocks and communication barriers. The Interim Settlement Agreement is vague in description in many areas and these unforeseen loopholes allows individuals to assume that they collectively and singularly are empowered by conflicting and controversial interpretations of the Interim Settlement Agreement to negate honest and productive involvement by the Mayor's Accessibility Advisory Committee; the City's ADA Task Force; and the residents of Clarksville, Tennessee.

Public Notices in the Leaf-Chronicle for November 30, 2005, and December 7, 2005, indicated that the City ADA Advisory Task Force would meet on December 13, 2005. Instead, due to an assortment of communications and notification errors identified during the meeting by members of the general public, the ADA meeting was facilitated by the defendant's and the plaintiff's attorney(s) and not the City's ADA Task Force. Since that meeting, many individuals have expressed the view that a "Bait and Switch" swindle had occurred, especially since many public comments and questions about the City's ADA compliance practices, policies, and records, the City of Clarksville, TN, ADA Transition Plan, the Mayor's Accessibility Advisory Committee, and the City's ADA Task Force are still unresolved.

As of February 6, 2006, despite numerous verbal and written requests by Clarksville residents, beginning in March 2004, neither the Mayor's Accessibility Advisory Committee nor the City ADA Task Force has received sufficient assistance or information that would encourage either group to successfully establish a quorum nor accomplish many of their civic duties or the specified and implied Interim Settlement Agreement responsibilities. The situation has deteriorated to the point that individuals, like myself, that do want to participate in the City's ADA advisory actions, and want to learn the scope and content of the City's ADA policies and compliance endeavors, have begun submitting formal Freedom of Information Act (FOIA) requests.

It is my impression that the City of Clarksville, Tennessee and its ADA Title II Coordinator have a moral, ethical, civic, and legal responsibility to inform the residents of the City whenever, the City of Clarksville, Tennessee, cannot comply with its Public Notices and the City's posted ADA website announcements. For the sake of clarity and brevity, I have accepted the recent recantations by City employees and the City's position that the reason why certain public records are not available is simply because many City of Clarksville responsibilities implied and actually specified by the Interim Settlement Agreement were not accomplished in a professional, accurate, and timely manner. Luckily, City officials, such as our Mayor, Donald Trotter, and David Haines, the City Attorney, have recognized that correct measures are clearly warranted and pending. The bottom line is, that based on recent events, I believe that many City Council members understand that no citizen should be systemically victimized by a documented system of governmental misinformation and misconduct regarding its public records and its ADA policies, practices, and services.

City records, especially the document exchanges surrounding FOIA's, such as the January 27 and 29, 2005 correspondences, clearly demonstrate that disabled residents and guests to Clarksville, Tennessee, are the intentional victim of a bureaucratic maze that borders on unethical, unprofessional, and criminal conduct. Consequently, on the behalf of the veteran organizations of Clarksville, Tennessee, I am asking for your support to correct this unjust and discriminatory situation.

The present determinations to impede the Mayor's Accessibility Advisory Committee and the City's ADA Task Force endeavors have long-term ramifications and implications. Therefore, please file this document, your response, and the other supporting evidence assorted to this letter within the City's ADA compliance records, and the City's historical files.

Sincerely,
Russell A. Cain, President
Uniformed Services Disabled Retirees

Letter to Counsel January 16th, 2006
Regarding Initial Draft Final Consent Decree

In 2002 Wheel Me On entered into a Title II lawsuit involving the City of Clarksville. The City of Clarksville agreed to this lawsuit as a Class Action.

Information concerning the Interim Settlement Agreement between Wheel Me On, et. al, and the City of Clarksville can be obtained by contacting either the appropriate City Employee or a City Council Member. Access to the proper office or ADA official is located on the City of Clarksville ADA Index page of their website.

As a courtesy to persons who live in or visit the City of Clarksville, and either have disabilities or association with persons with disabilities, included below is an extract of a 3-page letter pertaining to an Initial Draft Final Consent Decree submitted in behalf of persons with disabilities or their associates on January 16th, 2006:

Several individuals have informed me that their request for records and information concerning the City of Clarksville ADA Transition Plan is still unresolved. These concerns not only impact upon the documents labeled, "Initial Draft Final Consent Decree" but also the ability of individuals with disabilities to learn about their government, achieve effective accommodation, and in particular participate within our nation's democratic process. The comments and suggestions previously submitted to the City of Clarksville ADA Coordinator need to be addressed and resolved within this document you provided to the Plaintiffs.

Inasmuch as this is a Class Action Title II Federal Lawsuit, what means have you made to bring the information contained in the Finalized Transition Plan and the Initial Draft Final Consent Decree to the general public, who have already expressed their requirements and requests to be an informed and knowledgeable citizen? The sequence of events surrounding the meeting of December 13th, 2005, was indeed an eye-opening experience with the end result proving ineffectiveness of the Transition Plan, and was therefore demonstrated as inadequate by the majority of attendees. The Transition Plan needs to be established, precise, and meet the needs of the intended audience before we can complete and thoroughly evaluate any Initial Draft Final Consent Decree. However, pursuant to your request, I have reviewed the Initial Draft Final Consent Decree you provided, and wish to address a few issues.

The issue of the Accessibility Advisory Committee has been raised regarding its overall Mission and Duties. The document you submitted to the Plaintiffs demonstrates the need of this committee along with its defined responsibilities. Incorporation of this committee into the documents as a check and balance entity is self-explanatory. The document you provided for submission to me, (delete), and (delete), as the Initial Draft Final Consent Decree shows there is insufficient written evidence demonstrating the Accessibility Advisory Committee potential and future, and therefore needs to be incorporated into the Finalized Transition Plan and the Initial Draft Final Consent Decree.

The issue of the Task Force is still unresolved and unanswered. Minutes of Meetings, (including public comments) from March 2004, March 2005, August 2005, December 2005, and the special meeting held regarding the grievance filed about new construction of the "Eternal Flame" should be available, incorporated in the Initial Draft Final Consent Decree, and are not. (i.e. Persons with vision, hearing, speech impairments, etc.) The Task Force actual mission membership and meeting agendas is not defined within the Interim Settlement Agreement or the Initial Draft Final Consent Decree, but a few restrictions are noted within the Initial Draft Final Consent Decree. (delete) Similar concerns involving the Task Force have been raised on numerous occasions and some of these comments have already been filed with the appropriate City officials. Your assistance to rectify these concerns and public comments is warranted because of the impact and potential effects with the Interim Settlement Agreement and the Initial Draft Final Consent Decree are both reasonably and prudently justified.

The City has already acknowledged its document and record keeping problems and has acknowledged how it has negatively impacted persons with disabilities. Additionally, the City has continuously voiced a financial problem, but has been unable to provide supporting records and evidence. Please remember that during the August 2005 meeting, comments indicated that a possibility exists, to actually link the City Budget Expenditures with its ADA Transition Plan.

I have read the Initial Draft Final Consent Decree and the following information provides comments as agreed by the Plaintiffs, which I am submitting on the behalf of Wheel Me On, et. al:

(Delete): This exhibit has been modified on several different occasions, however written evidence remains vague. Several previous legal interpretations are questionable, such as the Accessibility Advisory Committee, the Task Force, the Freedom of Information Act (FOIA), the Privacy Act (PA), and the 1996 Electronic Freedom of Information Act. Additional information defining these issues and concerns are already filed at the City ADA Coordinator's office (i.e. Jennifer Byard; Hatem Shah). This information serves as a vital foundation to the development of the Initial Draft Final Consent Decree and contains numerous pubic comments regarding the needs of Clarksville residents and visitors, therefore whenever access and disclosure issues are raised, additional complaints or suggestions should be provided by the City, and included in the Initial Draft Final Consent Decree because this is a Class Action Federal Lawsuit.

(Delete): It is stated in the document that the City of Clarksville has generated and attached this document; however I am missing this document in the packet you provided. I cannot address Exhibit II until receiving this document. Exhibit II should contain the bulk of the information, previously submitted by public comments to the appropriate City of Clarksville official. Please expedite this disclosure and access concern.

(Delete): Annual progress reports addressing "Time Table for Retrofitting Intersections Resurfaced Between January, 1992 and January, 2006", please provide this document as it should include the entire City Sidewalk Plan, which has been defined during the August 2005 meeting as including ALL territory within the City jurisdiction.

(Delete): Annual progress reports addressing "Time Table for Retrofitting Defective Curb Ramps at Intersections NOT resurfaced between January, 1992 and January, 2006", please provide this document as it should include the entire City Sidewalk Plan, which has been defined during the August 2005 meeting as including ALL territory within the City jurisdiction.

(Delete): Please provide the Plaintiffs with a copy of the "Time Table for Replacing Sidewalks". Without this documentation, the Plaintiffs cannot make any logical determinations as to the overall potential to correct noted deficiencies within the City's Pedestrian Pathway, Sidewalk Plan, and effective Accommodation endeavors.

(Delete): Please provide the Plaintiffs with a copy of the document for the "Removal of Utility Poles". Without this documentation, the Plaintiffs cannot make any logical determinations as to the overall potential to correct noted deficiencies within the City's Pedestrian Pathway, Sidewalk Plan, and effective Accommodation endeavors. Additionally, there has to be a system to identify and correct obstacles within the Sidewalk Plan, such as Fire Hydrants, Signs, Barriers, Vegetation such as Trees, or any other hindrance.

(Delete): Please provide the Plaintiffs with a copy of the document for the "City Buildings". Without this documentation, the Plaintiffs cannot make any logical determinations as to the overall potential to correct noted deficiencies within the City's Effective Accommodation Plan.

(Delete): Please provide the Plaintiffs with a copy of the document for the "Class Notice". Without this documentation, the Plaintiffs cannot make any logical determinations as to the overall potential to correct noted deficiencies within the City's Effective Accommodation Plan and Currant Policies and Practices.

In regards to (Delete), "Attorneys Fees and Costs", it would not be in the best interest of the general public to excuse your services on the date that the Initial Draft Final Consent Decree is presented to the Federal Court because this would not be in the best interest of the Plaintiffs. As you are aware, in March 2004, we began careful negotiations and meetings with an assortment of City Officials. Many issues and concerns brought up during these meetings are still unresolved and/or unanswered. Additionally, it is the Plaintiff's impression that a Federal Court would not release attorneys from their moral or legal responsibilities, while numerous items pertaining to an Interim Settlement Agreement, while Plaintiffs require both legal and professional assistance.

Once you provide the Exhibits previously mentioned in this document, and the concerns raised by the General Public directly to City Officials, the Plaintiffs can address Item Numbers (Delete). Once I receive copies of (Delete), along with your comments concerning this letter, I will provide additional comments and observations on the behalf of the Plaintiffs and Wheel Me On, et. al. Please provide me in a timely manner, any alterations or revisions of this undated Initial Draft Final Consent Decree, provided with your January 12th, 2006 cover letter.

As a courtesy to persons who live in or visit the City of Clarksville, either having disabilities or association with persons with disabilities, and to help advise the public on recent events, I will include extracts of this letter from me pertaining to the Initial Draft Final Consent Decree (provided by you) both by E-mail and post on the Wheel Me On website.

Most Respectfully,

Julia Hollenbeck
President/CEO

Read the Agreement Made in DEC 2003!

Interim Settlement Agreement

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(Download a copy of Acrobat Reader by Clicking Here)

December 13th, 2005
5:30 PM
Clarksville Montgomery County Public Library 350 Pageant Lane
Clarksville, Tennessee

It is pertinent for ALL persons with disabilities and their associates, family, or friends, residing in the City of Clarksville or persons with disabilities who visit the City of Clarksville, Members of Wheel Me On, Local Community Leaders who work with persons with disabilities, fellow local Disabled American Veterans groups and other supporters of persons with disabilities to attend the December 13th, 2005 meeting for the City of Clarksville, Tennessee, Americans with Disabilities Act (ADA) Title II Transition Plan of the City of Clarksville. Your input is needed. This is a Public Meeting regarding the City's ADA Transition Plan which will have a great impact on all residents and visitors to the City of Clarksville, Tennessee, that have or may develop a disability and require effective accommodations.

Update: November 22nd, 2005

The Wheel Me On organization believes that asking and learning about the City of Clarksville, Tennessee, Americans with Disabilities Act (ADA) violations and the City's drafted ADA Transition Plan could encourage a person to use Clarksville's electronic records and similar information to better their own community's ADA compliance efforts and effective accommodation practices.

Since March 2004, the Wheel Me On organization, an assortment of local Veterans Organizations, numerous Officials from the City of Clarksville, Tennessee, and several local disability and Civil Right Groups of the City of Clarksville, Tennessee, have acknowledged and are attempting to correct many of the City of Clarksville, Tennessee's, ADA problems, violations, and inappropriate omissions. All concerns involving the health, welfare, safety, and issues involving the City of Clarksville, Tennessee, and the City's ability to provide effective accommodation for persons with disabilities in Clarksville, Tennessee, need to be addressed within the City's drafted ADA Transition Plan. Consequently, residents and visitors' opinions, comments, and E-mails, regarding the City's drafted ADA Transition Plan and their attendance at the December 13th, 2005, meeting would be greatly appreciated.

Senior Officials of the City of Clarksville, Tennessee, along with nationally recognized ADA compliance advisors such as Julia Hollenbeck, Chief Executive Officer (CEO) and David Thomas Griffith III, Board Director - Access, of the Wheel Me On organization, are expected to attend this important meeting. ADA compliance Advisors are expected to address public comments during the December 13th, 2005, meeting. Any individuals wanting to learn more about the Wheel Me On organization or want to provide comments on ADA issues that affect the City of Clarksville, Tennessee, may E-mail

This December 13th, 2005, meeting and the City of Clarksville, Tennessee, drafted ADA Transition Plan will have a long-term impact on the Development and Paving priorities, Annual Budget, the Clarksville's Street Department, the Clarksville Sidewalk and Roadway System, and the future of the City of Clarksville, Tennessee, and Montgomery County, Tennessee. Consequently, City of Clarksville, Tennessee, residents should consider contacting their City Council Member and ask him/her to provide their opinion and insight regarding the City of Clarksville, Tennessee, drafted ADA Transition Plan. Council Members should also be able to explain the City's decision agreeing to the Class Action, in a Federal Court with an Interim Settlement Agreement, and the nationally recognized Wheel Me On organization.

This December 13th, 2005, Public Meeting regarding the City of Clarksville, Tennessee, drafted ADA Transition Plan has a great impact on all residents and visitors to the City of Clarksville, Tennessee, that have or may develop a disability or an effective accommodation requirement. Therefore, any individual that may decide or want to visit the City of Clarksville, Tennessee, are highly encouraged to attend the December 13th, 2005, 5:30 PM, meeting of the City of Clarksville, Tennessee, ADA Task Force. The meeting is projected to be held at the Clarksville Montgomery County Public Library located at 350 Pageant Lane, Clarksville, Tennessee.

A public notice is slated to be posted in "The Leaf Chronicle" pertaining to this important City of Clarksville, Tennessee ADA Title II Task Force Meeting on November 30th and December 7th, 2005.

Individuals wanting to review previously submitted comments and E-mails, submit their own comments, or express their opinions should contact the City's ADA Coordinator, Hatem Shah, at One Public Square, Clarksville, Tennessee. Hatem Shah accepts E-mails and can answer ADA questions. Individuals wanting to learn more or review the "City's Survey of all Structures, Sidewalks, Curb Cuts, Programs, Policies, Practices, and Procedures" need to contact Hatem Shah.

Additional information regarding why the City of Clarksville, Tennessee, must conduct this meeting and compliance with the ADA Title II Federal Code of Regulations are [expected] posted on the City of Clarksville Website.

Individuals are encouraged to provide Wheel Me On a courtesy copy of any ADA related E-mail being sent to Hatem Shah, the City of Clarksville, Tennessee, ADA Coordinator, to any of the City's Council Members, and to any of the City of Clarksville, Tennessee, ADA Advisory Task Force appointees by using this form to Contact Wheel Me On....

ADA Title II Accessibility Advisory Committee and Task Force Committee Questions

The following information pertains to the City of Clarksville, Tennessee, Clarksville's draft ADA Transition Plan require resolution directly related to the City's draft ADA Transition Plan. The City of Clarksville, Tennessee, ADA Accessibility Advisory Committee as well as the Task Force Agendas should be able to address the following comments or similar comments at their meeting(s):

1) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 2: The Court has recognized and both parties attorney's are aware that the City of Clarksville's curb on the corner of Commerce Street and Sullivan Street is not in ADA compliance.

2) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 4: The Court has recognized and both parties attorney's are aware that the City of Clarksville's Bus Stop (CTS) nearest to the corner of Commerce Street and Sullivan Street is not in ADA compliance.

3) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 8: The Court has recognized and both parties attorney's are aware that the City of Clarksville's curb cut and the City of Clarksville's Bus Stop (CTS) on Riverside Drive connecting to the Amoco gas station are not in ADA compliance.

4) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 9: The Court has recognized and both parties attorney's are aware that the City of Clarksville's sidewalk and curb cut at and around the corner of Robb Avenue and Marion Street are not in ADA compliance.

5) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 10: The Court has recognized and both parties attorney's are aware that the City of Clarksville's sidewalk which runs in front of 237 Marion Street is not in ADA compliance.

6) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 11: The Court has recognized and both parties attorney's are aware that the City of Clarksville's curbs at the intersection of Second Street and Castle Heights are not in ADA compliance.

7) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 12: The Court has recognized and both parties attorney's are aware that the path of travel along the Clarksville's public sidewalk in front of the Jenkins and Wynne Honda Auto Dealership on College Street is not in ADA compliance.

8) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 13: The Court has recognized and both parties attorney's are aware that the City of Clarksville's curbs at the intersection of Cumberland Terrace and Second Street are not in ADA compliance.

9) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 14: The Court has recognized and both parties attorney's are aware that the City of Clarksville's curbs at the intersection of Anderson Street and Second Street are not in ADA compliant.

10) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 15: The Court has recognized and both parties attorney's are aware that the City of Clarksville's curbs at the intersection of Georgia Avenue and Second Street are not in ADA compliance.

11) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admission; Item Number 16: The Court has recognized and both parties attorney's are aware that the City of Clarksville's curbs at the intersection of McClure Street and Second Street are not in ADA compliance.

12) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 17: The Court has recognized and both parties attorney's are aware that the City of Clarksville's curbs at the intersection of Forbes Avenue and Second Street are not in ADA compliance.

13) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 18: The Court has recognized and both parties attorney's are aware that the City of Clarksville's curbs at the intersection of Clearview Street and Second Street are not in ADA compliance.

14) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 19; The Court has recognized and both parties attorney's are aware that the City of Clarksville's Bus Stop (CTS) at the corner of Providence Blvd and Peachers Mill Road is not in ADA compliance.

15) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 20: The Court has recognized and both parties attorney's are aware that the City of Clarksville's Bus Stop (CTS), as well as the path of travel on the City of Clarksville sidewalk connected to the bus stop on Madison Street next to the Walgreen's Pharmacy (i.e., located one block from the Beachhaven Shopping Center) are not in ADA compliance.

16) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 21: The Court has recognized and both parties attorney's are aware that the path of travel along the City of Clarksville's sidewalk on Madison Street in front of the Eastview Vet Clinic is not in ADA compliance due to obstructions in the path of travel.

17) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 22: The Court has recognized and both parties attorney's are aware that the City of Clarksville's curbs at the intersection of Madison Street and Lois Lane are not in ADA compliance.

18) According to the information provided within the August 2003 document, Defendant City of Clarksville's Answers to Plaintiffs' Request for Admissions; Item Number 25: The Court has recognized and both parties attorney's are aware that the City of Clarksville's curbs at the intersection of Madison Street and Holly Circle are not in ADA compliance.

Three Primary Questions

1) Has the city resolved its records or information access and disclosure problems? The City of Clarksville's document, record and information "practice and policy of record access and disclosure restriction" continues to negatively impact upon the ability of the Accessibility Advisory Committee Members to provide additional comments regarding the City of Clarksville's Draft ADA Transition Plan. Please note that the ADA concern of effective-accommodation, the State's Open Records Act, and the "1996 Electronic Freedom of Information Act" specifications justifies the posing of this particular question.

2) Has discovery been obtained of the City Roadway, Sidewalk, and/or Pedestrian Pathway System Records are incomplete or that the City Attorney, David Haines, is voicing an opinion that these records are not releasable to the General Public and/or to the members of the City's ADA Task Force?

3) Can the Members of the City's ADA Task Force be provided a copy of the City's Survey of all Structures, Sidewalks/Curb Cuts, Programs, Policies, Practices, and Procedures? Please note that the City had until October 1, 2004, to complete this Court recognized Interim Settlement Agreement task and previously Jennifer Byard, the City's previous ADA Coordinator, did not have a completed copy on file nor the supporting records that are in question. Please note that the City's Street Department and the Regional Planning Commission records conflict in both accuracy and reliability.

Note: Item three (3) helps limit scope, to channel and focus endeavors, and avoid any unnecessary duplication of effort, with particular interest in any City's records that help define the City's Street Department's daily and annual paving, its ADA compliance functions, and its unrestrictive operational tasks that are related to the City's ADA Transition Plan. Locating and promptly releasing any public information regarding the City's short and long-term paving or upgrading anticipations, the city's long-term projections pertaining to streets paving, sidewalks or curb cuts will expedite compliance.

The City of Clarksville ADA Website continues to be monitored by Wheel Me On Board Directors, Members, Advocates, the City of Clarksville ADA Title II Accessibility Advisory Committee/ADA Task Force Committee, and the General Public.

(Wednesday, March 31, 2004, Special Notices (Posted), The Leaf Chronicle Newspaper)

Public Notice

The City of Clarksville does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. The City of Clarksville does not discriminate on the basis of disability in its hiring or employment practices.

This notice is provided as required by Title II of the Americans with Disabilities Act of 1990.

Questions, concerns, complaints, or request for additional information regarding the ADA may be forwarded to the City of Clarksville's designated ADA Compliance Coordinator.

Jennifer Byard
ADA Title II Compliance Coordinator
102 Public Square
Clarksville, TN 37040
Telephone 931-645-7476
TTY 1-800-848-0298
8 AM - 4:30 PM
Monday through Friday

Individuals who need auxiliary aids for effective communication in programs & services of the City of Clarksville are invited to make their needs & preferences known to the ADA Compliance Coordinator.

This notice is available in alternate formats upon requests from the ADA Compliance Coordinator.

ADA Title II Advisory Committee Meeting
March 24, 2005; 1:00 PM
Mayors Conference Room

The following are initial concepts pertaining to what I understood took place during the meeting on March 24th, 2005:

Jennifer Byard, ADA Coordinator, provided the Introduction and PowerPoint Presentation, then directed our attention to the “Comment Forms”, which contained a title of “ADA Transition Plan; Prioritization Form”. This form simply contained information lines with headings including: Facility, Priority, Justification, Comments, Name, Address, Telephone, and E-mail. However, it did not contain any point of distribution, or where to send the form once completed.

During the meeting, key concerns tended toward “facilities” and a “checklist” that was not available, and according to Jennifer Byard, is not currently posted on the City website. The attendees (and members of the Advisory Committee) were asked to personally fill out the “ADA Transition Plan, Prioritization Form”, and later distribute the same form to the general public. In effect, this meeting, which I (and several others) thought was to prioritize the survey, (based on E-mail received from Jennifer Byard, (March 7th, 2005), did not happen at this particular meeting. Instead, we discussed the ability of the city to direct and channel assets and resources to correct many items that are easily correctable and already identified in the survey. The issue of cost estimation, budgeting, financial assets, remain questionable, as we were unable to discuss them in detail, due to the focus on the prioritization form. The “ADA Transition Plan, Prioritization Form” (forms) were requested to be returned by April 14th, 2005.

During the March 24, 2005, meeting of the ADA Title II Advisory Committee Meeting, many important ADA topics were discussed and recorded by electronic means. Paramount was the issue of what exactly defines city property, programs, and facilities that also happen to be jointly controlled, funded, or operated by elements of the State of Tennessee or Montgomery County. Therefore, in order for Advisory Members of the ADA Title II City of Clarksville Advisory Panel to address current and future sidewalk construction and repair, this issue must be resolved. Consequently, since several different members of the ADA Title II City of Clarksville Advisory Panel with city connections were able to express opinions pertaining to this subject, it is more than reasonable and prudent to allow non-city members of the ADA Title II City of Clarksville Advisory Panel to have access to these vital points of interest and information, that is if equality and effectiveness is the purpose of the ADA Title II City of Clarksville Advisory Panel.

During the meeting, the topic of continuing sidewalks on roads and locations adjacent to highways such as Wilma Rudolph Blvd surfaced on several occasions and had been recorded by electronic means. The issue during the meeting was no one could clearly define or explain the exclusive, concurrent, or restrictive agreement, or legal authority binding roads, crosswalks, and curb ramps that exist within the City of Clarksville, that also support or bind the City of Clarksville with Montgomery County or the State of Tennessee. This and similar concerns involving public highways, points of egress, crosswalks, curb ramps, parking, public facilities, and zoning authority continue to impede the City's Transition Plan development and the overall accuracy of the ADA Title II City of Clarksville Advisory Panel's decisions.

Several different participates at the meeting, like myself, appeared puzzled and unsure why does the city police, fire, medical, and emergency services routinely patrol and render service on roads such as Wilma Rudolph Boulevard, yet the city does not accept liabilities or responsibilities for public safety issues such as sidewalks or pedestrian crossings. Therefore, if valuable City of Clarksville assets and resources are currently committed to road and crossroads such as Wilma Rudolph Boulevard, why are the issues of public safety and the welfare of our community unresolved?

The issue and personal opinions that the March 24, 2005, ADA Title II Advisory Committee Meeting was only a meeting for the “advisors” or a meeting open to the general public remains highly debatable. However, the establishment by legal decree and officially sanctioned recording regarding today, complete openness precedence clearly provides the legal interpretation that all future meetings will incur unrestricted to the general public and media participation. Based on verbal and written advice provided by Jennifer Byard and Wheel Me On's legal advisors, I had denied Margarette Auld’s (Alternate Wheel Me On Advisor for Steve Traylor) formal request to attend the March 24, 2005 meeting. Had I known David Haines previous legal opinion, I would have invited Ms. Auld, and members of the local community to the meeting.

Mr. Haines informed today's attendees at the meeting, that all meetings were open to the public, and that public notice had been published in the newspaper. However, E-mail received from Jennifer Byard contradicts “public attendees”, and I personally did not see any public notice. However, there was one attendee at the meeting today who did see it announced in the newspaper. I strongly urged David Haines to encourage visibility of community awareness if indeed these meetings are to be open to the public, obtain a more suitable place to meet, and suggested the meetings not be held during working hours, but rather at 5:30 PM at the Clarksville Montgomery Public Library, which is fully accessible. Mr. Haines agreed that he would oversee a press release be submitted to the local paper, however, the next meeting is still not projected.

Julia Hollenbeck
ADA Title II, City of Clarksville – Advisor

ADA Transition Plan Prioritization Form

The City of Clarksville agreed to a Class Action Lawsuit under rules of a Title II Complaint regarding non-compliance with the Federal Law. (Wheel Me On vs. City of Clarksville; Case No. 3:02-1082). All surveys have been completed and 71-facilities have been reported as being not in compliance with the Americans with Disabilities Act (ADA). The Settlement Agreement from the City of Clarksville was to provide compliance (access), (per the Federal Code of Regulations), to all city facilities for people with disabilities who resided in or visited the City of Clarksville. “Facilities” include any building owned by the City of Clarksville, sidewalks, roads, streets, etc., and it is possible not every city-owned facility or program is listed within the 71-facilities list.

Within a “Public Notice” Announcement published by The Leaf Chronicle newspaper on March 17th, 2005:

The Americans with Disabilities Act (ADA) Advisory Task Force for the City of Clarksville will meet on March 24, 2005, at 1:00 PM in the Mayor's Conference Room (?) One Public Square, Suite 400 (City Hall). The purpose of this meeting is to review and discuss and receive public comments concerning the accessibility survey conducted by the City of Clarksville pursuant to an Interim Settlement Agreement entered into between the City and Wheel Me On, et al., on behalf of themselves and other mobility-impaired individuals in an action currently pending in Untied States District Court for the Middle district Tennessee, Case No. 3:02-1082. This survey identifies all structures, sidewalks/curb cuts, programs, policies, practices and procedures subject to the requirements of Title II of the ADA, and identifies existing areas of noncompliance. The survey was produced in order to facilitate the development of a transition plan for ADA compliance by the City of Clarksville. Public input concerning the survey will be solicited at the meeting. Interested individuals may also submit comments in writing to Jennifer Byard, Clarksville ADA Coordinator, 102 Public Square, Clarksville, Tennessee, 37040, no later than March 31, 2005. A copy of the survey is available for inspection at 102 Public Square, and on the City of Clarksville’s website at www.cityofclarksville.com.

Sylvia Skinner, CMC
City Clerk

On March 24th, 2005, the ADA Title II Coordinator for the City of Clarksville and the Clarksville City Attorney presented attendees with an “ADA Transition Plan Prioritization Form” to fill out, and asked the attendees to present additional forms to the community at large, in order to establish exactly what the community of the City of Clarksville desired. Deadline for the return of the form is April 14th. The attendees at this meeting represented persons who had visual, hearing, physical or mental disabilities. Minutes were recorded by electronic means and will be available under the City's open records program.

Based upon the information provided during the meeting, it now appears the City of Clarksville and the designated Advisors for the ADA Title II City of Clarksville will prioritize the public's input, (from the forms), and the survey previously recorded. Consequently, this information will be provided to the City Council and the Mayor, so that they may exercise reasonable care and precaution to protect the life and limb of Clarksville residents and visitors with disabilities. This will insure the Mayor and the City Council can maximize the available resources to meet the intentions established within the Settlement Agreement. In the meantime, members of the City's ADA Title II Compliance Team will be attempting to review and correct as many noted deficiencies as possible within their current budget restraints.

In an attempt to assist the City of Clarksville of prioritizing the needs of the community, the ADA Transition Plan Prioritization Form, revised by one of the ADA Title II City of Clarksville Advisors, is available for download to assure distribution of the form to all citizens and visitors with disabilities and encourage submissions to the City's ADA Title II Coordinator. (This same .pdf format could be used to provide information on other websites.)

The “ADA Transition Plan Prioritization Form” can be distributed to other individuals either by E-mail or printing for distribution. It should be filled out by an individual and returned to the ADA Title II Coordinator for the City of Clarksville. Please fill out the form and allow the City's ADA Title II Coordinator and the City's ADA Title II Compliance Team to answer your questions and provide assistance if needed. (Telephone 931-645-7476)

Please do not forget to contact your Elected City Representative, and ask them for their position regarding the City's compliance with the lawsuit (Wheel Me On vs. City of Clarksville; Case No. 3:02-1082). This is a golden opportunity to ask your Elected City Representative for his/her keen insight and commitment to insure the City of Clarksville is a safer place for people with disabilities, and reduce the potential of additional casualties.

Your immediate attention to the “ADA Transition Plan Prioritization Form” is requested in order that the City of Clarksville may move forward with a safer community for everyone. Thank you for your assistance in helping to make the City of Clarksville safer with compliance to the ADA.

Julia Hollenbeck
ADA Title II, City of Clarksville – Advisor

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“ADA Transition Plan Prioritization Form”

For persons with disabilities (PWD) or associates of PWD, who reside in or visit the City of Clarksville, please download this single printable page.

Fill Out ~ Submit to ADACoordinator@cityofclarksville.com ~ Distribute a Blank Form!

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