Only two registered candidates have listed websites to date and both Lora Petros’ site and Ken Grant’s site have problems with accessibility issues that may present barriers to persons with disabilities.
Category Archives: Accessibility
Lack Of Commitment
Commentary by Linda Saxon
As I mentioned in an earlier post, there have been approximately two dozen correspondence items regarding an accessibility policy question to council and the accessibility advisory committee, but my question remains unanswered.
From January to March, I corresponded with council/councillors/staff; in January Deputy Mayor Sutherland forwarded my concern to the Accessibility Committee for their input. At the February 18 council meeting, my correspondence was received.
In March I requested the item be placed on the council agenda, but I never received confirmation that it was.
From April to June, I corresponded with Councillor Bart DiPasquale, who is the council representative on the Amherstburg Accessibility Advisory Committee (AAAC). note: all grammatical errors are his.
Below are DiPasquale’s responses regarding the AAAC meetings:
April 23 – the next AAAC meeting is April 24 2024 (his typo) at 5pm Town Hall. Brenda Percy I found had responded to you March 4 2014 advising you your email had been referred to another person. It appears at this time no one acted on it.
April 24 – tonight’s AAAC meeting has been cancelled and rescheduled for May 8 2014 Town Hall 5pm.
April 26 – the meeting date has been rescheduled for May 15 2014 5pm town hall.
May 15 – In keeping you informed ,todays meeting has been rescheduled to next Thursday 5pm.Your information will be delivered at that time to the AAAC committee by me.
May 15 – Please be abvised that the meeting scheduled for today has been rescheduled toMay 22 2014 5pm Town Hall. Your matter should be discussed on that date.
May 16 – Please be advised that last night’s meeting was rescheduled to May 22 2014 5pm Town Hall.
May 25 – Please be advised that the meeting scheduled for May 22 2014 will be held on June 26 th 2014 5pm Town Hall FYI.
There was no June meeting listed in the River Town Times calendar or on the town’s website.
June 30 – I emailed to request an update following the meeting; I learned that DiPasquale was out of the country. Although he has since returned, I have not received a response.
On June 30, I subsequently emailed council that I would still like an answer.
There were a couple of additional emails, including one on July 1 wherein Councillor Carolyn Davies emailed Nicole Rubli, Could you please look into this licensing question attached below from constituent Linda Sexton.
Also on July 1, Deputy Mayor Ron Sutherland emailed CAO Phipps, Mike, will you respond to Mrs. Saxon or direct her concern to the proper person. Phipps replied, Thanks for the note Ron. I will attempt tomorrow to determine the issue and when Nicole returns from vacation next week, we’ll look into the matter. Perhaps you could or Ms. Saxon could send me her earlier emails. Thanks
July 2, Councillor Diane Pouget emailed, Mrs. Linda Saxon is requesting that her question pertaining to “What policies and procedures are in place regarding accessibility for any and all business license approvals in the Town of Amherstburg,” be placed on the agenda. It is a very straightforward request and I believe it should be dealt with in public session as requested, since Linda’s request for information appeared to be ignored in the past.
July 2, Phipps replied, Deputy Mayor Sutherland has raised this matter as a result of the Saxon email. I understand there has been a response to her, but administration will have all the details for Council next week when Nicole returns from vacation.
July 19, Phipps emailed a summary, prepared by staff, of contact with me, for the record; he ended it by stating that Administration will take no further action on this matter unless it is once again raised at a Council meeting.
I have requested corrections be made, pursuant to the Freedom of Information legislation, as the record contained factual errors and omissions.
After all the attitudinal barriers I’ve encountered, I shouldn’t be surprised that accessibility is not a priority.
Who Does What
Re: Accountability – it is fast approaching! by Ken Thrasher July 30, 2014 RTT
I’ve been called a naysayer too, and a thorn in the side as well as a critic; my all time favourite is the accusation that some of us were tearing this community down, brick by brick; shame on those who undertake tactics to discourage residents who wish to exercise their democratic freedoms.
Since January of this year, there have been approximately two dozen correspondence items regarding an accessibility policy question to council and the accessibility advisory committee, but my question remains unanswered.
Absent a motion by council, two weeks ago Mr. Phipps emailed a summary to council and me; not only does it contain errors and omissions that need to be corrected, but also he decreed “Administration will take no further action on this matter unless it is once again raised at a Council meeting.”
How many times do I have to request that council and/or the accessibility advisory committee address my concern? Then again, I’ve requested an accessible town website for twelve years and I’m still waiting for that and it was a decade long battle for me to get the library elevator installed.
The roles of council, head of council, and municipal administration are clearly defined in the municipal act so there should be no misinterpretation of who does what.
Council is to represent the public and ensure that administrative policies, practices and procedures are in place to implement the decisions of council; to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; to maintain the financial integrity of the municipality.
As chief executive officer of a municipality, the head of council shall promote public involvement in the municipality’s activities.
Municipal administration is to implement council’s decisions and establish administrative practices and procedures to carry out council’s decisions.
Regarding the hiring of a new CAO, why and how was the panel selected? What are the members’ qualifications? Was there an Information and Privacy Commissioner privacy assessment, considering residents are panel members who will access personal information? Is it a conflict of interest for Phipps to be a member? Did council rescind his notice to leave? Why would council acquiesce to the CAO, who changed his mind and wants to stay?
Unlike Mr. Thrasher, the only Councillor who consistently and professionally responds to my concerns is Councillor Pouget. When others did respond, my inquiries were forwarded to staff. I’m beginning to wonder why we need a council, let alone all the staff.
As for the new council, the electorate needs to ask the candidates specific questions because, for the most part, campaign literature contains limited marketing material.
Linda Saxon
as printed in the River Town Times
Trick Or Treat
There has been a pumpkin lit up at the pedestrian crossing sign at the intersection of Alma and Sandwich Streets for years when the light is red and when the light is green, posing a pedestrian safety hazard and it is one more accessibility barrier to persons with disabilities; can the town not afford to fix it?
Transparency And Accountability
Two words used ad nauseam by candidates during election campaigns.
The Town of Amherstburg’s website includes a page on council meeting information and it states “Municipal governments in Ontario have to be transparent and accountable. The provincial government has set the rules for Council, local board, or a committee to go into closed meeting. These rules are found in section 239 of the Municipal Act, 2001 (add link to Act).” Not surprisingly, there is no link. There is a link on the same page to a pdf of the 2014 council meeting schedule.
Navigating the town’s website for Agendas
To get to the page mentioned above, click on the Town Hall tab, then Clerks Department on the left sidebar, then Council Meetings, then the Agendas link on the left sidebar; there is a link listed under Council meeting dates that directs you to a completely different meeting calendar. Under each council meeting date, there is a ‘read more‘ link where, presumably, one would find more to read. However, the only additional information on that page is a map – the date and time are listed twice. And, because the map is included in the Visitor tab, you have to go back twice to return to the Agendas section to find the list of 2014 to 2009 Agendas.
If you click on the Link to 2014 Regular Council Meeting Agendas in PDF Format – Laserfiche, you will find three folders and if you click on the regular council folder, you can access this year’s agendas, including two supplementary agendas by Phipps relative to the financial audit: March 24, 2014 and July 14, 2014.
Navigating the town’s website for Minutes
The link in Minutes on the left sidebar of the Clerks Department directs you to:
Play Live Recording of Council Meetings from September 12, 2011 to April 22, 2014, but people who are deaf, deafened or hard of hearing will encounter barriers; besides, it’s July.
The Link to archived Regular and In Camera Council meeting minutes in Laserfiche will direct you to folders from 1998 to 2014. Click on 2014 to find a Regular and Special Council Folder. Click on Regular to find:
2014 01 20 Regular Council Meeting Minutes
2014 02 03 Regular Council Meeting Minutes
2014 02 18 Regular Council Meeting Minutes
The Link to all other Council minutes in Laserfiche repeats the three folders and links above.
Navigating Leamington’s Website
From the home page, click on the municipal services tab; there is one link on the left sidebar to Agendas, Meetings and Minutes where you can view the current Council Agenda, right on the page in HTML format Including links to reports from staff.
You also have the option of selecting any date back to January of this year to download the agenda and the minutes from that page; upcoming meetings direct you to a map and an option to add to Outlook.
Improvements Still Needed For Amherstburg’s Website
Since September 2002, I have appeared before town council, the town’s Accessibility Advisory Committee, sent emails to the town’s IT Department/staff and have written letters to the editor regarding the need for an accessible website. Dave Carpenter, Manager of Information Technology, assured me twice that a new website was being launched and would comply with web accessibility standards and informed council the site was standard compliant in July 2007. I provided site check results indicating the site failed minimum standards: one in June 2008 and another in January 2009 after the launch of the newly designed site.
CAO Pamela Malott advised me in June 2008, “We will post our Amherstburg Accessibility Advisory Committee Minutes and Agendas in text format as well as PDF format on a go forward basis.” Not surprisingly, this was not done. (There’s only one folder with minutes from January 2014 anyway). Additionally, it is an attitudinal barrier to assume that persons with disabilities are only interested in accessibility.
The Towns of Essex and Leamington launched new websites last year and the County of Essex and the Town of LaSalle are currently redesigning their sites. What is Amherstburg doing about its website? Is it still not a priority? Can the town not afford it?
Lack of accessibility aside, transparency and accountability is not possible if documents are buried in a stack of links and are not updated.
Commentary by Linda Saxon
Who’s Beating A Dead Horse?
Council will once again consider the horse and carriage in the Navy Yard Park issue at its June 23 meeting. The agenda can be found on an external link, despite my requesting it be placed elsewhere and in another format.
In his May 20, 2014 report to council, shamefully, Dean Collver, Director of Community Services states, “Administration is recommending that horse and carriage vendors, licensed to operate as a business in the Town of Amherstburg, be permitted to enter KNYP for the purpose of special occasions tied to the park’s gazebo facility.”
Collver provides a background, although accessibility issues are blatantly missing. I raised the issue of accessibility in this letter, which makes me wonder if, once again, my concerns were ignored. I also emailed everyone on council, “I’m writing to express my disappointment with council’s actions regarding this matter, with the exception of Councillor Pouget. It is unfathomable that the parks department widened sidewalks to accommodate a business that was in violation with the town, yet I endured a ten year battle with the town to obtain equal access to the library, which, ironically, the town takes credit for in its annual accessibility plan as an accomplishment.”
Collver lists others consulted, which did not include a public hearing for public input regarding an exemption to a town by-law nor did it include members of the Amherstburg Accessibility Advisory Committee. I let the Committee know last fall that the horses and buggy request for by-law exemption is an example of a by-law that could have been included in the plan and should have been addressed by the committee. I never received a response.
In the council approved Amherstburg multi-year accessibility plan, Mayor Hurst states, in part, “Council and Administration, along with our Amherstburg Accessibility Advisory Committee are working together to identify, remove and prevent barriers.”
So the question is: does council intend to accept administration’s recommendation, contradict this statement and defy legislation? As I have previously mentioned, both business owners and the town are subject to the Ontario Human Rights Code, the Ontarians with Disabilities Act 2001 and the Accessibility for Ontarians with Disabilities Act 2005.
Commentary by Linda Saxon
Tall Ships Not Accessible To Everyone
The historic Town of Amherstburg continues celebrating the bicentennial of the war of 1812 with the “Coastal Trails Sails To See Tall Ships Festival” in late August.
Promotional information is included on the town’s website, along with another site devoted to the war of 1812 events; there was no mention of accessibility so I submitted an online inquiry to ask if the tall ships were barrier free and accessible to people with disabilities.
Shortly afterward, I received an email response and was advised, “Due to the historic nature and design of Tall Ships, wheelchairs cannot be brought on board the ships. Any guest with disabilities may board a ship, as long as they can stand and walk on their own or with the assistance of a companion. For wheelchairs, the ships are available for viewing from dockside, not on-deck. In addition, there are multiple exhibits and activities that are being organized dockside, including Parks’ Canada’s 1812 On Tour and storytelling/theatrical experiences.”
Pursuant to section 5(2) of Ontario Regulation 191/11, I subsequently emailed members of town council and inquired if there was a determination that “it is not practicable to incorporate accessibility criteria and features when procuring or acquiring goods, services or facilities” in relation to the tall ships and I requested an explanation if there was.
I received an email from someone who did not state his position, but I assumed he was a town employee as throughout his email he referred to a collective we and our; his response was, “Tall Ships are not, traditionally or technically, universally accessible by design. To my knowledge there is one, or possibly two, ships in the world that are specifically crafted to offer some level of accessibility. I’ve been able to find information on one:http://www.jst.org.uk/lord-nelson.aspx and read an article that indicated there was a second ship in existence but I cannot find its name. The Lord Nelson is currently sailing in the waters of Australia and New Zealand.
The Tall Ships that we have procured are part of a tour called the “Tall Ships Challenge – Great Lakes 2013” which is operated by a company known as Tall Ships America. Our opportunity to procure the Tall Ships that will be visiting us came as a result of this Tour that stretches geographically from Brockville, Ontario to Duluth, Minnesota and includes 14 ports-of-call. In essence, our opportunity to host this event was tied to the ships that are involved in this Tour as opposed to being selected based on their individual merits – whether that be universal accessibility, size, design, port-of-origin or other criteria.
Despite being unable to guarantee equivalent access to the decks of the Tall Ships visiting our ports for all potential patrons of the event, we felt that we would be able to provide opportunities for accessible viewing from shore. Our plans include a volunteer-staffed and clearly stanchioned area that will be reserved on shore in very close proximity to the ships to ensure the best possible viewing for patrons who are in need of this opportunity. Ancillary events that are part of the festival have been located to provide as much opportunity for universal accessibility as King’s Navy Yard Park allows.
As a result of this inquiry it has come to our attention that these plans and opportunities have not been included on our website describing the event – this has been, or will be, rectified immediately.
My hope is that this email offers a satisfactory explanation of not only why it was not practicable to incorporate accessibility criteria and features into the deck viewing portion of our visiting Tall Ships, but also our rationale for proceeding despite this lack and the steps we have taken to supplement event logistics to the best of our ability.”
I emailed back and mentioned there was only a reference to ‘accessible viewing’ from shore and asked what contingencies are in place for people with visual and hearing disabilities. I further relayed that information on the 1812 website relative to ‘wheelchair access’ is relegated to the last day of the event only; same for the town’s site, and there is still no alt text for jpegs on the town’s site. I mentioned that I also couldn’t find a reference anywhere to accommodating the needs of people with disabilities either visiting the town’s festivities or accessing information on the web.
Although I did not receive a response to my last email, information pertaining to wheelchair accessibility is now listed under a separate heading titled ‘additional information’ at the bottom of the site’s event page; there are still insufficient descriptors or none at all for the images, despite my numerous requests for an accessible town website over the past decade.
I do not support my taxes being used toward events that are not accessible to everyone.
Tall Ships To Visit Amherstburg, But Are They Accessible?
In an online feedback form submitted today I asked, “are the tall ships barrier free and accessible to people with disabilities?” Christopher Laforet, Office Manager of Tourism Windsor Essex emailed this response, “Due to the historic nature and design of Tall Ships, wheelchairs cannot be brought on board the ships. Any guest with disabilities may board a ship, as long as they can stand and walk on their own or with the assistance of a companion. For wheelchairs, the ships are available for viewing from dockside, not on-deck.
In addition, there are multiple exhibits and activities that are being organized dockside, including Parks’ Canada’s 1812 On Tour and storytelling/theatrical experiences.”
Information relative to the tall ships’ visit to Amherstburg in late August is posted on both the town’s and the War of 1812 web sites; unfortunately, there is no text alternative to pictures on either site although numerous requests to make the town’s web site accessible to everyone have been previously made.
UPDATE: An August 23 email from Dean Collver explains why it is not practicable to incorporate accessibility criteria and features when procuring or acquiring goods, services or facilities:
“Tall Ships are not, traditionally or technically, universally accessible by design. To my knowledge there is one, or possibly two, ships in the world that are specifically crafted to offer some level of accessibility. I’ve been able to find information on one:http://www.jst.org.uk/lord-nelson.aspx and read an article that indicated there was a second ship in existence but I cannot find its name. The Lord Nelson is currently sailing in the waters of Australia and New Zealand.
The Tall Ships that we have procured are part of a tour called the “Tall Ships Challenge – Great Lakes 2013” which is operated by a company known as Tall Ships America. Our opportunity to procure the Tall Ships that will be visiting us came as a result of this Tour that stretches geographically from Brockville, Ontario to Duluth, Minnesota and includes 14 ports-of-call. In essence, our opportunity to host this event was tied to the ships that are involved in this Tour as opposed to being selected based on their individual merits – whether that be universal accessibility, size, design, port-of-origin or other criteria.
Despite being unable to guarantee equivalent access to the decks of the Tall Ships visiting our ports for all potential patrons of the event, we felt that we would be able to provide opportunities for accessible viewing from shore. Our plans include a volunteer-staffed and clearly stanchioned area that will be reserved on shore in very close proximity to the ships to ensure the best possible viewing for patrons who are in need of this opportunity. Ancillary events that are part of the festival have been located to provide as much opportunity for universal accessibility as King’s Navy Yard Park allows.
As a result of this inquiry it has come to our attention that these plans and opportunities have not been included on our website describing the event – this has been, or will be, rectified immediately.
My hope is that this email offers a satisfactory explanation of not only why it was not practicable to incorporate accessibility criteria and features into the deck viewing portion of our visiting Tall Ships, but also our rationale for proceeding despite this lack and the steps we have taken to supplement event logistics to the best of our ability.”
Accessibility After The Cart
reprinted from the Amherstburg Echo
RE: Town council to discuss bylaw exemptions to allow horse and buggy business in Navy Yard Park
With the exception of Councillor Diane Pouget, shame on council for putting accessibility after the cart. In particular, shame on Councillor Bart DiPasquale, a member of the town’s accessibility advisory committee, for not representing the rights of residents with disabilities.
After having appeared before council for the past ten years to raise accessibility issues, critique the town’s annual accessibility plan, and to question the town’s commitment to accessibility, I once again question council’s rationale for its action – the town has an obligation to ensure the safety of all its residents, including persons with disabilities and equal access to its amenities.
Randy Fasan, as a business owner, is also subject to the Accessibility for Ontarians with Disabilities Act and its Regulations and the Ontario Human Rights Code. Will customers with disabilities be able to access his business, provide feedback in an accessible manner and will he change his website to make it accessible?
Fasan is quoted as saying, “if I have to abide by these bylaws as they stand today I am going to have to move to another town or discontinue any type of business to Amherstburg.” I’d like to know how he assumed he did not have to comply with the bylaw in the first place.
Making an amendment to exempt a business from a bylaw that has not been prosecuted while operating in violation of the bylaw for years sets a precedent for anyone to ignore any town bylaw and illustrates council’s disregard for the safety of its residents.
Linda Saxon
Exemptions Discussed For Horse and Buggy in Navy Yard Park
According to the Amherstburg Echo, Administration will meet with horse and buggy owner, Randy Fasan, to allow him to continue his business in the Navy Yard Park. Fasan acknowledged the park’s passive nature and advised that he’s “worked with the parks department for the last few years.” That work included widening of sidewalks and working on improving turns for the horses and carriage.

