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@SomervilleCity’s Retaliation Against Accessibility Whistleblower Casts Chilling Effect

by in Accessibility, Arts and Culture, Civic Action, Civil and Human Rights, Ward 5
Posted on April 6, 2012 at 9:09 pm
Last Modified on April 11, 2012 at 9:08 am

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Last week, Mayor @JoeCurtatone retaliated against Somerville accessibility rights advocate Eileen Feldman after she blew the whistle on the City’s attempt to have the U.S. Surgeon General’s March 23rd health grant event held at the then-inaccessible Armory on Highland Ave. The mayor’s reprisal took the form of an op-ed by his Health Dept. Director, Paulette Renault-Caragianes, who expressed “deep disappointment with the unfair tactics, and untrue information” used by Ms. Feldman. She further mischaracterized Eileen’s efforts as “misleading and deceptive”, “regrettable and disappointing”, and finally “half truths that misinform.”

Paulette seemed most upset by Eileen’s claim that the entrance ramp and threshold to the Arts at the Armory were excessively steep. Paulette inaccurately stated that the facility “was and is operating under a valid variance from the AAB (MA Architectural Access Board) for the grade of the ramp.” In fact, since Feb 2010, the AAB considered many violations including the steep ramp and granted to the Armory variances and extensions that each eventually were revoked or expired.

By last October’s AAB hearing, the ramp had still not been fixed because, as the Armory claimed (without written proof), its renovations were blocked by the City’s Historical Preservation Commission and the DPW. The AAB then voted to impose on the Armory a $500/day fine which was still accumulating on March 23rd. It also notified the MBTA that its November meeting could not be held there due to its inaccessibility.

Therefore, one wonders why the City even suggested the Armory in the first place? Paulette could have easily verified these facts with the AAB as suggested in Eileen’s letter to the state officials who followed her advice before deciding to move the grant event to the accessible Holiday Inn.

Paulette also accused Eileen of giving state officials short notice. However, the earliest public announcement appeared 3 days prior to the event in the Somerville Journal and never appeared on the City website. Therefore, Eileen’s letter the next day was in no way an 11th-hour trick.

Mayor Curtatone’s and Paulette’s retaliation against Eileen with lies and smears casts a chilling effect on civic rights activists across Somerville and should be alarming to all residents interested in a fair and honest government. Therefore, I call upon both of them to immediately issue public apologies to Eileen that retract this letter, acknowledge that it was retaliation, and recognize the importance of accessibility regulations.

[Note: My letter-to-the-editor appeared in this week's Somerville Journal (Letter: Somerville’s Armory actions have ‘chilling effect’) and was posted on its website today. See also Audi Guha's informative article State: Somerville Armory finally ADA compliant. Also, as a co-chair of the City's Human Rights Commission, I have added a discussion of Paulette's letter to the agenda of our upcoming accessible meeting this Monday 4/9, 6:30pm @ TAB Building on Holland Street. All are welcome!]

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«« Previous: Project Bread’s Walk for Hunger 

 Next: Letter: All about the Somerville’s Armory ramp »» 

7 Responses to “@SomervilleCity’s Retaliation Against Accessibility Whistleblower Casts Chilling Effect”

  1. Thank you, Barry, for clarifying the story and supporting Eileen in her quest for equal rights for all citizens. Many of us wrote letters that were not printed supporting Eileen’s integrity in her work and the City’s unwillingness to tell the truth about the armory. She should be applauded for unwavering work to make Somerville a place that is welcoming for people with disabilities.

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  2. Melissa McWhinney says:

    Bravo to Eileen Feldman for carrying this banner on behalf of all Somerville residents. As the mother of a disabled daughter, and as someone who may become disabled or mobility-impaired in the future, I am very glad that the Armory is now accessible to everyone.

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  3. I just corrected this article to replace “Arts at the Armory” with “Armory” after a friend alerted me to the fact that AATA is just a tenant and not an owner of the building.

    So far, I haven’t heard any further word on this topic from the City nor the mayor.

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  4. Julie A. Katz
    says:

    Eileen Feldman’s work, much of it carefully chronicled in SomervilleVoices, exemplifies the principals of community journalism upon which the blog was built: “…to better inform Somerville… through independent media of high journalistic integrity.” (From blog)

    Her thorough and exacting work in documenting, cataloguing, and reporting the City’s inactions and actions have led to improved quality of life for thousands. The impact of Eileen’s critically needed service to this community has only begun to be manifest.
    The brouhaha over the Armory has made headlines, but the virulent attacks on Eileen are more than retribution for embarrassing publicity; they are an attempt to call off her ongoing activism. I am at once proud of and humbled by her relentless commitment to creating change; and her significant, measurable success in moving the City toward compliance with mandates resulting from the Americans with Disabilities Act, which the City has shamefully flouted at every turn.

    The Administration’s response to Eileen’s most recent act of courage (nee whistleblowing) provides a powerful indication of the formidable opposition she has faced. She has exposed practices that cast a long shadow over a city that has enjoyed much official national recognition- and money- based on its spurious claims of excellence. The spotlight on The Mayor and his Administration is a direct consequence of their own failures, not voters’ demands for accountability. Rather, their focus is on doing damage control by maligning the most visible expert on the ADA working in the local public arena for people with disabilities. Somerville must demand that the Mayor stop regarding the struggle for civil rights as a game of football in which he employs the popular strategy that “The best defense is a good offense.”Time is running out in a game the Mayor cannot win, either tactically or morally.

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  5. I just submitted the following comment through the ResiStat blog (there’s usually some delay before it appears on the blog):

    The recent op-ed by Health Dept Director Paulette Renault-Caragianes slandered accessibility whistleblower Eileen Feldman and her nonprofit CAPS with claims that have been rejected by the state’s Architectural Access Board in the SJ’s article [State: Somerville Armory finally ADA compliant]. Why hasn’t she or the mayor yet publicly retracted nor apologized for that misleading and retaliatory letter? Also, did Mayor Curtatone or the City Solicitor authorize or help craft that letter?

    That SJ article states:

    [AAB Director Hopkins] also said that Feldman’s complaints were valid as far as the state board is concerned.

    “If anything, Ms. Feldman has helped the building to be compliant and now they have some protection from complaints,” he said. “We are grateful to see this work done well.”

    Hopkins acknowledges that it was a tough project from day one and fears that the architects might have misled the owners about the extent of the accessibility problems.

    “That the project has three architects and five different contractors speaks volumes,” Hopkins said. “No wonder they had 18 violations.”

    Barry

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  6. kevin t. crowley says:

    i am a big barry rafkind fan. it seems wherever there is an injustice in somerville he is there. his articles are to the point and well written.

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  7. Scott Ricker says:

    As an Equal Access Advocate myself, and having experienced the spiteful and ill-intended finger pointing & retaliation after revealing clear disregard for Equal Access for all, I commend Eileen for her diligence and precise evaluations she has completed. Her quest to get things done, as they should have been in the first place, is a goal that should not result in retaliation or segregating her as a problem. The City of Somerville doesn’t know a gift horse as they look straight at it. (I can feel the stress coming on as I write this) I can imagine how Ms Feldman feels at times because the city has so much of the power here. Their efforts to malign Eileen should be stopped, and a culture of open minded and willing to learn should be put in it’s place!

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