by eila in Accessibility, Announcements, Arts and Culture, Civil and Human Rights, Development and Zoning, Government Reform, Public Health & Safety
Posted on May 20, 2010 at 9:55 am
Last Modified on May 28, 2010 at 7:32 pm
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The Architectural Access Board will hold a Hearing on 18 Architectural Access Code Violations for Arts at the Armory facility on Monday, May 24, at 1 p.m.
back story: On February 8, Building Inspector Eddie Nuzzo provided sworn testimony to the Architectural Access Board (AAB) at a Variance Hearing to support the owner Joseph Sater’s request to be relieved from obligations to improve the entrance ramp’s slope, which should not exceed a maximum slope of 8.3%, and also to grant relief from code mandating that a level landing be provided.
Mr. Sater didn’t want to spend an extra $30,000 to make this entrance compliant; he’d just spent 3 million to renovate the facility.
Eddie said that the Armory Entrance ramp is “9.8% over 20 feet.” Based on his and the Armory architect’s (William Schaefer) testimony, the AAB granted these Variances, on the condition that an automatic door opener be placed at the foot of the ramp, so that wheelchair users would be able to open the door at the bottom, and sail from the bottom of the ramp into the foyer of the building without pausing.
Two months later, Eddie Nuzzo was promoted to become Somerville’s Superintendent of Inspectional Services. (Somerville Journal April 15, 2010)
The AAB was deceived by the Superintendent in three ways; the public’s safety is in jeopardy until these Entrance ramp issues are resolved.
-First, this ramp’s rising slope is 9.8% only at the foot of the ramp- by the time it reaches the door, it’s 13.3%. A Building Inspector should know that, in providing an estimate of a ramp’s slope, he needs to measure every 2 feet, and then do the math. A slope of even 9.8% is extremely unsafe for manual wheelchair users; and here, the ramp is 160% over maximum code by the time the participant gets to the door!
-Second, there is a public communications system at the top of the ramp; so, when the automatic door opener is not turned on during public use, individuals with an appointment at the Armory will need to pause at the top of the ramp to indicate their presence via the intercom system several feet from the entrance. At that point on the ramp, the wheelchair user is already coping with an excessive slope of 12.8%- if they haven’t tipped over yet. How can they safely gain entry when they are being buzzed in, with no level landing before the door?
-Third, the Armory only applied for these specific ramp Variances, even though there were many other code violations present at the time both inside and outside the facility at the moment the Armory first opened its doors in 2008. (see below for a sampling of additional code violations that will be heard at the Hearing on Monday). The fact that those Variance needs were not exposed to the AAB before the Armory opened its doors, nor at the February hearing, when they had an opportunity to request Variances for a range of barrier issues, appears to be a deceptive practice on the part of Somerville’s Building Inspector, the Armory Owner, and the Architect.
In December, the Community Access & Inclusion Project (CAIP, based in Somerville) requested that the Variance be denied on this basis:
1. This facility is a valuable community asset, and is a source of many economic, social and cultural opportunities. People with disAbilities should be provided equal and full access to use this facility in whatever role they choose (artist, performer, manager, employee, student, visitor) and in the most integrated manner possible.
2. The City of Somerville regularly chooses this facility for public events and should not be denying individuals with disAbilities equal access to any municipal programs and events.
3. It is not infeasible to improve this entrance, and the cost of the improvement is not disproportionately burdensome compared to the amount of rental revenue that will accrue to the Owner annually.
Although the Variance requests were granted by the AAB in February (on the basis of misleading sworn testimony), CAIP’s timely communication regarding the Variance request was lost in the shuffle of Christmas-season emails, and did not come to light to the AAB until early March. As a result of that photographic evidence, the AAB is re-hearing the case.
The Hearing will take place May 24, 2010 at 1 p.m. on the 13th floor of One Ashburton Place.
In addition to the excessive ramp slope and lack of level landing, now the AAB will also be hearing on 17 other architectural access code violations at the Armory. These include:
lack of accessible parking;
lack of accessible pedestrian routes from parking and sidewalks to door;
lack of accessible public communications system at entrance;
lack of accessible Emergency Exit from Performance space;
lack of access to Manager’s Office;
lack of accessible route, during events, to the new Mezzanine in the Performance Space;
lack of accessible elevator controls and signage; and
lack of assistive listening systems in all four public assembly areas.
This Hearing Is Open to the Public!
For more information:
The Variance hearing is Docket No. V09-197.
The Complaint for the additional Code Violations is Docket No. C10-059.
Architectural Access Board
One Ashburton Place, Room 1310
Boston, MA 02108.
Phone: (617) 727-0660
Fax: (617) 727-0665
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Thank you for all of your hard work on this issue. I hope that you prevail at the state level and they are required to make the building fully accessible.
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I would love to see all those who signed the petition in favor of the beer and wine license now show up at this hearing and demand that this facility comply with the city, state and federal accessibility requirements.
Or is that not as important as a beer and a glass of wine?
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I really hope they can correct the ramp defects and other violations. This is a fun event coming up of the sort that I’d like to see more of here:
Art Prom
A Benefit for the Somerville Arts Council & Arts at the Armory
Time: Saturday, June 5 from 7-11pm
Location:
The Center for Arts at the Armory
191 Highland Ave., Somerville
Price:A mere $10
About the Event:
Forget about the train wrecks of past proms—lousy limo rides, ripped
dresses, bad dates, lurking chaperones. This prom is going to be, like,
way different and totally awesome. For starters, you don’t have to
wait for that dreamy jock or fox from yearbook committee to invite you.
We’re inviting you! Come on out and bust a move as DJ Brother Cleve
spins classic prom tunes spanning the genres—disco, new wave, hip
hop, rock and power ballads—and including gems like Boogie
Wonderland by Earth, Wind and Fire and Ice, Ice Baby by Vanilla Ice. In
between sets, Thru the Keyhole Burlesque will perform a few prom-themed
numbers. There will also be plenty of art-promish activities and events
like a dress-up photo booth, a slide show of old prom photos and a
make-your-own prom crown table (don’t wait for someone to crown you,
crown yourself!). So dust off that powder-blue tux. Unearth that old
Gunny Saxdress. Or better yet, fashion some new outlandishly creative
prom attire! Trophies will be given for “Best Traditional Prom
Dress,” “Wackiest Cumberbund” and several other categories.
Don’t miss this opportunity to re-write prom history—and help
support two great local art organizations while you’re at it!
For more info contact
Somerville Arts Council
617-625-6600 x2985
http://www.somervilleartscouncil.org
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Eilia, I have always supported your efforts to help folks with disabilities, but at some point a 3% difference isn’t worth possibly shutting the place down. Who wins if the place doesn’t generate revenue all becuase they’re tied up with frivolous lawsuits? No one.
There is a cost to all the compliant ramps ypu are demanding be built and right now no one can afford it. The city, developers and non-profits – everyone is broke. Now is not the time.
Also, most folks I know in wheelchairs have people who can help them anyway. They can handle a 3% delta in a ramp. It’s not like there is no ramp. There’s a ramp.
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Xumi, that’s not a “mere” 3 %- that’s 160% OVER the maximum allowed by code. That’s a hazardous ramp. Nothing frivolous here, Xumi.
If the ramp were 9%, that would be the difference between a manual wheelchair user entering independently, or requiring assistance to get into this door. But this slope is an accident waiting to happen.
Nor is this “only about equal access for performers, artists and others using wheelchairs. ‘Mobility impairment’ applies to anyone who has difficulties with their mobility. It does not necessarily mean someone in a wheel chair. It can also mean those who have difficulties using their legs, hands or arms, and who have problems with balance and co-ordination.
A year ago, Somerville’s Inspectional Services
Division stated that life safety conditions have been met here. (Zoning Case#: ZBA2005-70-R2-0409). Unfortunately, that’s just more evidence of lack of expertise. The Standard Building Code (1988) and the Uniform Building Code (1988) require that ramps not exceed a slope of 1:12 (4.7 degrees), and do not allow any ramp to exceed 1:8 (7.1 degrees).
As for the Life Safety Code, it allows some classes of ramps to have a slope as steep as 1:8 (7.1 degrees); but, both the Life Safety Code and the National Safety Council recommend that ramp slopes do not exceed 7 degrees.
Here, to save $30,000 (and that’s 1% of the 3 million bucks that was spent renovating this facility), the owner seems unwilling to make this an arts center for everyone. I don’t think he’s taken the excessive cost burdens of accidents and legal liabilities into account- and that same liability accrues to every entity renting in this facility.
According to http://www.hazardcontrol.com/rampfalls.html, “Although healthy, non-handicapped individuals can negotiate fairly steep (high slip resistant surfaced industrial) ramps up to 15 degrees (27 percent slope or a slope of 1:3.7), the main criteria for designing most ramps should be based on the needs of the average user, including the elderly and the disabled.”
In Middlesex County alone, there are over 65,000 people with ambulatory impairments; in Somerville, 20% of our residents have some form of impairment that qualifies as a disAbility.
Nothing frivolous here at all, Xumi.
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elia@ hit em hard, hit em low, and make it hurt.
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Today, May 24, John Kelly, Director of Neighborhood Access Group, testified in support of the Civil Rights of the people of Somerville (and for everyone who wants to participate at the Armory in an inclusive way). John, who drives a wheelchair (independently, like most nonelderly w/c users!) completed his testimony by saying, “I’d like to go to these events, but, I just don’t feel welcomed.”
The Architectural Access Board voted unanimously in favor of the Complainant (Community Access & Inclusion Project) for the majority of complaints and will be publishing the official order for compliance within weeks. SV readers will get the news hot off the press.
In the meantime, sorry Linda- this facility is officially not considered code compliant, and is not yet accessible for people with physical and sensory disAbilities. In fact, I doubt the entrance ramp will be safe and accessible for quite some time; since, it’s back to the drawing board for the architect.
Thanks to Cathy and Somerspeak for your VERY heartening encouragement… and thanks Xumi, for your edifying comment as well!!!
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Eila,
Could you email me? I would like more information regarding this issue for my readers. I do have an initial article posted, but would like to talk to you about it.
Thanks,
CKSO’K
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Might it make sense to suspend the liquor license until the building is compliant? How can such a license be valid when the inspection was so far in error? And how is it that after such a faulty inspection there was a promotion? Are there no Board of Aldermen to investigate such decisions?? Ah, or is this the Somerville of old?
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The following email was just sent to Mayor Curtatone and copied to the Somerville Arts Council Director and Program manager:
May 26, 2010
Dear Mayor Curtatone,
On Monday, May 24, 2010, the Architectural Access Board unanimously found in favor of the complainants that the Armory at 191 Highland Avenue is in violation of the AAB regulations at 521 CMR with regards to the facility’s ramped entrance, communications system, signage, parking, lack of assistive listening systems, and several other elements.
Until the entrance and other elements are brought up to code at the Armory, this facility cannot be considered a safe, accessible event location for municipal events.
Please have the June 5th Somerville Arts Council Benefit moved to an accessible facility that will welcome all Somerville residents, their friends and family members.
Thank you for your attention to this matter.
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Eila, in a city of Villens, you are a true heroine : “a woman of distinguished courage or ability, admired for her brave deeds and noble qualities.” Thank you for your tireless advocacy in the name of inclusiveness, accessibility, and justice for all!
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Funny how the mayor finally realized the building wasn’t accessible after using it for many City events. I agree the liquor license should be denied by the state. The building should be shut down until it is compliant. Is the mayor going to call on his ISD department and ADA co-coordinator to review all the complaints Eila has put forth on this blog about the city?
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“I just spent $3 million on the place, I can’t afford $30 grand to make it compliant”.
Joseph Sater
Now let’s see what O’Donovan, Curtatone and the 10 other puppets on the BOA have to say.
Shame, shame, shame on all who allowed this to happen. And shame on the “supporters” of the Armory project. Most of you knew the owner was in violation and chose to ignore it.
Time for elia to contact the Globe Spotlight Team.
Thanks elia. Good job.
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A practical question: If there is a 9.8% rise from the Highland Ave. to the front door, how can this be corrected? Raise the sidewalk, lower the door, or something else?
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Ron, Eila will ask them to install an elavator in the street. No matter what the cost!
For all of you that are demanding the place be shutdown and/or no liquor license be granted – I hope they now do shutter the place (after making the place beautiful finally) and it becomes a hangout for gangbangers/druggies. Then it would be fitting if the law of unintended consequences and sweet justice bites you all when some druggie robs/shoots you and dumps your body on the ramp. Granted at a 9.3% angle, but still.
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Xumi, as usual, your contribution to this discussion is not constructive.
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The grade (a.k.a. slope) begins as 9.8% at the sidewalk and rises to 13.3% at the door. The architect says the run of the ramp is currently “about 20 feet” but that’s not exact, so I can’t say what the rise is. The problem is that the ramp is hazardous (i.e. >10% slope) for most of the run.
I’m not the expert on this, but right you are, Ron- raising the sidewalk is one possibility that was discussed on Monday.
The Board has offered technical assistance on the redesign of this ramp and other outstanding issues.
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Raise the sidewalk??? LOL! How much will that cost us taxpayers???? Enough.
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Despite the letter to Somerville Mayor Joseph Curtatone and Somerville Arts Council staff last week, the city-sponsored ArtProm event with DJ Brother Cleve will still be held at the (inaccessible) Armory on June 5.
In the CityofSomervilleFY10BudgetV6.pdf, page 55, one of the FY09 Main Accomplishments for the Somerville Arts Council is ” Facilitated opening of the Armory Center for the Arts through continuing work with the owner and the community.”
The mission of the Somerville Arts Council is “to cultivate and celebrate the creative expressions of the Somerville community. Through innovative collaborations and quality programming we work to make the arts an integral part of life reflective of our diverse city.”
So the take-away here is…
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How does a publically supported department justify doing this? This is not being inclusive and respectful to a segment of the diverse population of this city. It is like we are going back to the old days. Very self serving on their part.
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knock…knock…McFly…. we can’t afford to fix this issue now. When the economy gets better than maybe… yes. We’re broke.
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Who is ‘we’, xumi? This issue is for the Armory owners and management to fix, not the taxpayers.
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Ron; we’re talking about a 2 or 3% delta for the ramp or folks want to close this place down. A place that is bringing the arts and a variety of shows & MUCH needed revenue into the city. All for a 3% difference in how eila mesaured the ramp (better than even chance she mismeasured it anyway). I’m all for helping the handicapped and all, but come’n – this is beyond being a resonable demand.
If the place closes down (as some have requested) than who wins (no one) and who loses (city residents = taxpayers)? If you cursh businesses with onerous taxes and regulations – they will leave. Trust me.
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Xumi,
What’s the revenue to the city if the city violates its own laws in earning it? the cost of litigating is more than the revenue of sales taxes the city collects and, whether the Armory is paying real estate tax is a whole other question – probably far less than you are!
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Regarding some of the comments on this thread, it seems those who were always against the Armory are now jumping on this bandwagon to try and close it down. Since they lost the battle to deny a liquor license to the Armory, they will try something new.
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The ramp situation is more closely related to the license transfer approval than a lot of people realize. In order to have the transfer approved, the application needed to go through many pathways (including legal and ISD) at city hall before it even reached the License Commission. The fact that the ramp was approved with code violations that were eventually exposed must add fuel to the frustrations that some abutters are/have been experiencing.
I was a supporter of the license transfer, as most of you know, however the fact that the venue is not accessible is not acceptable. Especially considering so many other Somerville places (although not all) are trying their best to be open and available to all residents. I know the Elizabeth Peabody House was just given a grant to improve their accesibility, for example.
Janine-I do, somewhat, agree with your observation as this situation was brought to my attention by a longtime opponent of the venue interestingly enough. However, I feel as though they are trying everything they can to improve their quality of life around this establishment.
Your thoughts? You and I haven’t fought in a while, so I thought I’d give everyone something good to read…ha ha
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I think they should fix it too. What else is there to argue about? It’s been pretty boring this year…
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It’s a serious mistake to confuse accessibility with antipathy to the Armory. In fact, in driving by the Armory this morning on the way to a meeting, I was surprised at how steep the ramp really is – quite clearly it’s not inviting, and, if anything, it ought to be particularly inviting to the largely closed out audience of people with disabilities. After all, most of the performance spaces do not have fixed seats, and are really welcoming to non-traditional audiences.
Furthermore, the Middle East has long established a commitment to community, which the Armory in fact reflects. Rather than reduce its access, the city should have encouraged and supported it at the outset. That ramp is steep because it’s direct from a sidewalk, and probably once included a step. Rather than a direct ramp, they should have constructed a curved ramp from either the street or the parking side, to accommodate a more gradual grade. A REAL disabilities advocate in city government would have proposed that as soon as the initial plans were discussed. Instead, we get another Stan Koty crony!
It’s not the Armory that needs reform, its the administration! The Armory developers were just as exploited as a wheelchair rider.
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Joe, I beg to differ. I do not see these same people commenting on other stories regarding wheelchair inaccessibility. I mean come on.
And, not to be rude or ignorant, but no one can get a lawyer to file a federal complaint against the city regarding the ADA? This is a goldmine for any attorney willing to take this case.
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Do you all feel that is ok for City department to hold a function in a nonaccessible building?
At the end of the day the owner cut corners, the city covered it up and they got caught.
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Cathy, my point is that all of a sudden those people (most likely you) who were against the Armory getting a liquor license in the first place now jump on Eila’s band wagon. Yes, I think it is wrong that the Armory is not handicap accessible and it should be fixed – like other buildings in the city. But I find it highly suspect that people who lost round one against the Armory are now joining this battle. Do you think they should fix other buildings outlined in postings by Eila? Or just the Armory since it is near you?
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Once again you didn’t answer the question. This is a private building that was renovated, that triggered compliance with the law. Here is a unique concept I do expect people and the City to follow the law. We should not be in a place where people like Eila and others who are active in the city have to spend their time making sure that private developers and the City follow the law. If the building was accessible this debate would not be happening. The liquor license is a done deal.
My question concerns my City government taking a stand and saying I can find other place to use until this building is compliant with the law. Will you keep ducking the question?
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I personally feel that it would be in very poor taste for the city to hold an event here knowing that a part of the beloved Somerville population cannot safely attend. I would also reconsider attending any future event until the ramp is fixed.
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I did answer your question: Yes, I think it is wrong that the Armory is not handicap accessible and it should be fixed – like other buildings in the city.
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No you are still avoiding it. Should the Somerville Arts Council and the City continue to use it for events
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The city should not use it. That being said, the city is using many buildings that are not ADA compliant and no one is making a huge argument about it like the Armory. Seems hypocritical to me.
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I’d like the event to go ahead as planned, but either the Armory or the Arts Council needs to have people available to bring wheelchair users safely up and down that ramp until it is fixed.
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You know the old saw “You plays your money, you takes your chances”? The roulette wheel could have stopped at any number of facilities utilized by local government (whether publicly or privately owned). There are several aspects of the Armory renovation project that have elevated it to the cause celeb it has become; these are less about the attributes of the Armory, per se, than about the vicissitudes of timing, visibility, and the frequency of its use. Additionally, the apparent malfeasance of officials charged with the dual roles of safeguarding public safety while monitoring official compliance with legally enforceable regulations make the Armory and its woes a natural subject of attention.
Of course the full accessibility of an arts and cultural venue is not more important than the full accessibility of a Public Library, a City Hall Annex, a crosswalk, an MBTA bus, or a Public Housing property; it may just come down to the vigilance, the skill, and the good judgement of a leader like Eila who recognized an opportune moment to act and, with a public whose awareness has been increasingly raised about these issues, was able to initiate the wonderfully high- profile Official redress of concurrent grievances relating to The Armory and its inaccessibility.
To you sanctimonious dissenters, I say, we are all the richer for what has occurred here, what will continue to occur. May you recognize that as it becomes manifest, and remember how it came about.
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The Armory’s current incarnation as a community arts center is a good one. Unfortunately, due to a less than honorable owner, alderman, mayor, inspectional services team, and current management, it now goes down in legend as one of those sleazy deals forever tagged to the Curtatone years. Too bad. Coulda been nice.
As for those who once supported and are now against. Why don’t you shut your trap, stay off the blogs and let the neighbors, the Armory management and the courts decide this one. Your help is definitely not needed.
If you feel so strongly about this, go to the prom night and boycott the place.
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The city inspector dropped the ball because he doesn’t have the fortitude to deny the CO and lacks understanding of what true, safe Access really means. The ABCC should be notified of the liquor license approval because I believe that all entities linked to, or an agent of a Title II government body are required to comply with state/federal Access regulations, I believe it is the same principal as the landlord/tenant responsibility to provide Equal Access, I may be mistaken, but either way their decisions must be Inclusive for the entire community. Eila has spent many hours on this issue and rightfully so. Access violations often take 1 year to 3 or even four to resolve which is a disgrace in itself. Having to baby sit public officials and building contractors is very upsetting at times. The best solution is to bring them to court for failure to fulfill their responsibility to the public and putting Individuals with Disabilities in harms way.
Even when the economy was booming 100s & 100s if not 1000s of businesses & facility owners failed to remove Architectural barriers so Individuals with Disabilities could contribute to the successes of a community, and function in an open and integrated setting without constantly facing discriminating programs, policies, buildings and, ignorant social barriers! I say pull the liquor license and schedule an AAB fine hearing for November or December putting a little fire under their butts to motivate them to do the right thing. As for the building inspector, file a complaint with the Mass Dept. of Public Safety BBRS, Rob Anderson and request a full hearing on his failure to enforce 521CMR in full.
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