USDOJ ADA Complaint Filed -- Reference Number 15-7jynb-6xxj -- Joint City of St. Augustine-St. Johns County meeting May 26, refusing to provide video coverage access, in violation of Americans with Disabilities Act
1. Refusal to provide live streaming video of May 26, 2015 joint City Commission-County Commission meeting despite three (3) written requests to do so, and availability of full modern accoutrements in the meeting venue, the Northeast Florida Airport at St. Augustine Conference Center.
2. Refusal to hold meeting in an accessible location or cancel the meeting after ADA issue raised -- meeting was held in difficult-to-access location -- not at City Commission or County Commission buildings -- located 2/10 of a mile from U.S. 1 and very difficult to access for anyone taking public transpiration or having a disability or not driving a motor vehicle.
3. Expressed intent to continue holding joint meetings at the Northeast Florida Airport at St. Augustine Conference Center, without any effort to make them accessible.
4. Refusal to respond to three (3) e-mails sent before the illegal meeting, requesting reasonable accommodation (coverage on the City's and County's cable tv and internet streaming video coverage), and refusal of City Manager JOHN PATRICK REGAN P.E. and County Attorney PATRICK FRANCIS McCORMACK, Esquire to telephone messages before the illegal meeting.
5. Holding other meetings that were not provided on cable tv and internet streaming video coverage.
6. A pattern and practice of holding meetings not accessible to shut-in disabled people by intentionally refusing to provide cable tv and internet streaming video coverage.
7. Failure to provide close-captioning for the hearing impaired on internet and streaming video coverage.
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Sent: Mon, May 25, 2015 1:56 pm
Subject: Re: Please cancel illegal joint City-County meeting set for Tuesday, May 26 on short notice, at inaccessible location, untelevised, in daytime, in violation of Florida Sunshine Law and Americans with Disabilities Act
Dear John and Mike, et al:
1. Do I understand correctly that no public comment is being allowed at tomorrow's Stealth meet-and-greet meeting of ten City and County Commissioners? Why?
2. Secretary of State Henry Kissinger was once in Edward Bennett Williams' box at a Washington Redskins game when a referee made what he thought was a bad call: Kissinger reportedly got up and yelled: "On vot theory? "On what theory" do County and City Commissioners plan to hold a fraternity-style meet-and-greet, without adequate notice, without streaming tv or cable tv coverage, while excluding public comment?
3. This is a stench in the nostrils of our Nation on this Memorial Day, when we honor those who sacrificed their lives for our freedoms.
4. I spoke to County Commissioner Jeb Smith and to St. Augustine Mayor Nancy Shaver about this outrage this morning, before the ceremony honoring Afghanistan and Iraq war dead. I have not yet received a written reply from either of you, or anyone from the City or County staff.
5. My father taught me -- as JFK's father taught him -- that you have to stand up to people with power or they walk all over you. (The South Jersey Chapter of the 82nd ABN DIVN ASSN is named after my father, the Edward A. Slavin Chapter) . In his honor, and in pursuit of our legal and constitutional rights, I write you for a third time on Memorial Day, asking you to cancel this illegal, unseemly meeting out of the Sunshine.
6. As mentioned below, "The whole world is watching."
7. If you hold the meeting as planned, nothing good can come from it. In the words of my Georgetown University Professor Jose Sorzano (later Deputy UN Ambassador under Jeanne Kirkpatrick): "Ideas have consequences." The idea that the two of you can schedule a meeting that conflicts with a previously noticed School Board meeting, off-camera, untelevised, in a remote location, ignoring ADA and public transportation accessibility concerns, on short notice, has consequences. It will only increase the perception that our City and County governments are unaccountable and that they still resemble what Rev. Dr. Martin Luther King, Jr. said of St. Augustine in 1964: "the most lawless place in America."
8. Thank you in advance for canceling the ill-advised joint City-County Commission meeting that the two of you unilaterally set for May 26.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
www.fourowls.blogspot.com
Box 3084
St. Augustine, Florida 32085-3084
904-377-4998
-----Original Message-----
From: easlavin < easlavin@aol.com>
Sent: Sun, May 24, 2015 4:42 pm
Subject: Re: Please cancel illegal joint City-County meeting set for Tuesday, May 26 on short notice, at inaccessible location, untelevised, in daytime, in violation of Florida Sunshine Law and Americans with Disabilities Act
Dear John and Mike, et al.:
1. No response from anyone -- that acts as an "adoptive admission" and "admission by silence" under the Federal Rules of Evidence.
2 . Chairwoman wrote several e-mails to Mr. Reynolds which constitute "non-denials" in the immortal words of Benjamin Crowninshield Bradlee, Washington Post Editor, during Watergate.
3. You are both maladroit managers and both deeply insensitive to First Amendment rights and Sunshine and Open Records rights and the appearance of impropriety.
4. Please cease and desist from any and all Sunshine and Open Records violations, from this day forward.
5. Your actions demand creation of independent Inspectors General.
Thank you in advance for canceling the illegal meeting set for May 26.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
www.fourowls.blogspot.com
Box 3084
St. Augustine, Florida 32085-3084
904-377-4998
-----Original Message-----
From: easlavin < easlavin@aol.com>
Sent: Sat, May 23, 2015 9:51 pm
Subject: Please cancel illegal joint City-County meeting set for Tuesday, May 26 on short notice, at inaccessible location, untelevised, in daytime, in violation of Florida Sunshine Law and Americans with Disabilities Act
Please cancel illegal joint City-County meeting set for Tuesday, May 26 on short notice, at inaccessible location, untelevised, in daytime, in violation of Florida Sunshine Law and Americans with Disabilities Act
Dear Messrs. Wanchick and Regan, et al:
Please cancel and reschedule the secretive meeting of the St. Augustine City COmmission and St. Johns County Commission you two have set for May 26, 2015 for a remote Airport conference room or else face possible civil, criminal and administrative complaints -- including ethics, Sunshine and Americans with Disabilities Act (ADA) complaints -- as:
1. The meeting is on too-short notice, which is not "reasonable notice."
2. The meeting is in an inaccessible location for people taking our maladroit almost non-existent system of public transportation.
3. The meeting is in a location without streaming video or cable tv coverage, and past County meetings there were never broadcast, either live or on tape delay -- shut-ins and disabled people will never be able to view the meeting. This is part of a pattern and practice of SJCBCC violations of ADA by holding untelevised meetings shut-ins cannot view.
4. The meeting is in the daytime, when most working people, students and teachers have difficult attending (all City meetings begin at 5 PM).
5. The meeting is an "appearance of impropriety" -- why are you again seeking to avoid and evade our Florida Sunshine law, Article I, Section 24 of our Florida Constitution, enacted in 1992 with the votes of 3.8 million people (82%).
6. The two of you with your history of Sunshine and Open Records compliance problems embarrass local residents.
7. Now you plan to hold a "retreat" meet-and-greet away from public scrutiny, off-camera, on short notice -- a secretive meeting, embroiling and involving ten (10) of our City and County elected officials in your secrecy.
8. Enough.
9. This ill-advised meeting is contrary to the genius of a free people, as we prepare to celebrate Memorial Day, honoring generations of Americans who sacrificed their lives and limbs for our freedoms.
10. Due to our imminent 450th anniversary of St. Augustine, the whole world is watching, as the Michelle O'Connell shooting case has proved, with coverage by The New York Times, PBS Frontline, Dateline NBC, Good Morning America, Dr. Phil, Folio Weekly, First Coast News and the Guardian , among others. The whole world is watching St. Augustine and St. Johns County governments. You both lack sufficient respect for and appreciation of First Amendment protected activity, you both lack a welcoming spirit, and you both must cease and desist from all lawbreaking. Now, please. The ball is in your court.
11. T his ill-advised, poorly-planned, no-agenda, inaccessible, short-notice joint meeting is an outrage, deeply insensitive, and repeats longstanding County Administrator misconduct in scheduling meetings at the same Airport conference room whenever the County Administrator seeks to avoid public scrutiny.
12. This is not " transparency" and it does not pass either the laugh test or the smell test.
13. Please cancel and reschedule the illegal May 26, 2015 joint City-County meeting. Herein faileth not. Please govern yourselves accordingly.
14. Thank you in advance for your kind cooperation from this day forward.
15. Please call to discuss. I am available to take your calls at your earliest convenience this weekend.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
www.fourowls.blogspot.com
Box 3084
St. Augustine, Florida 32085-3084
904-377-4998
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