Category Archives: Accessibility

Court Hearing Lepofsky v. Accessibility Minister Raymond Cho September 27

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Monday September 27, 2021 10 AM Court Virtual Hearing Livestream: Blind Disability Advocate David Lepofsky Argues Disability Rights Case Against Accessibility Minister Raymond Cho

September 24, 2021 Toronto: On Monday, September 27, 2021 at 10 a.m., the Divisional Court of Ontario’s Superior Court of Justice will hold a public virtual hearing for the oral argument of a case brought by blind lawyer, law professor, and volunteer disability rights advocate David Lepofsky, chair of the AODA Alliance, against Ontario’s Minister for Seniors and Accessibility, the Honourable Raymond Cho. In Lepofsky v, Cho,. Lepofsky asks the Court to issue a declaration that Minister Cho violated section 10(1) of the Accessibility for Ontarians with Disabilities Act (AODA). This is the first time someone has gone to court to contest the sufficiency of the Ontario Government’s implementation of the AODA, and to get a judicial interpretation of the AODA.

The case is scheduled for about two hours. It will be livestreamed to the public on Youtube at https://youtu.be/LuD6fKu0dlE As far as is now known, it will only be available online for livestreaming in real time.

Full press release at aoda alliance site.

Wants vs. Needs

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Commentary by Linda Saxon submitted to the River Town Times in response to the article “Local business owners adding new building to portfolio.”

While I appreciate Richard Peddie’s enthusiasm for ‘what historic Amherstburg once looked like,’ I disagree that ‘the town is not investing enough in heritage.’

The town was so committed to heritage that it remained silent throughout my ten-year campaign to make the Carnegie library accessible. The library retrofit cost continued to rise over a decade, as did legal fees for the town to resist any library changes. The Ontario Human Rights Commission highlighted the case in its Annual Report and the town credited others with my accomplishment.

In addition to ignoring my requests, the town disregarded funding initiatives that prioritized accessibility. When I questioned the marina, instead of changing the priority project to the library, the town withdrew its application.

In 2001, I requested that council include accessibility in the tender for library repairs; Instead, the town donated $710,000 for a replica of the HMS Detroit, for which taxpayers incurred a 9% tax hike over a two-year period.

The town attracted negative attention when it circulated its council resolution throughout the province to request an extension to the accessible website deadline that it knew about for several years. I had been requesting the town make its website accessible since 2001, along with other items that would have increased accessibility, but they were received, noted and filed.

Shamefully, only one person with a disability was consulted about the Open Air weekends and the town placed accessible parking in an unsafe location.

More recently, administration recommended an over-expenditure of salary and benefits expenses in the Clerks Budget Centre for additional staff overtime to deal with advisory committee commitments and AODA compliance. There were no details in the report so I can only wonder why AODA compliance was not routinely incorporated without overtime.

Too often heritage takes precedence over accessibility; sometimes accessibility is not even incorporated in the initial planning stages, all of which is contrary to the human rights code. Not everyone is aware that heritage buildings can be made accessible.

I do not believe that heritage should be ‘referenced in the budget.’ Elected officials have human rights obligations and must consider the health, safety and well-being of the community they serve, and provide services and things that the municipality is authorized to provide.

Committees, Consultation and COVID: Council Agenda item

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Members of council were asked two simple questions two weeks ago re accessibility concerns of Open Air weekends:

  1. why was accessibility not considered during the decision making process?
  2. why was the accessibility advisory committee not consulted for input?

This post addresses the second question and the answer that followed, in part, by Mayor DiCarlo, the only member of council to respond:

“The AAAC was not consulted with respect to Open Air Weekends because the AAAC and many other committees were and still are not functioning due to COVID.”

Paula Parker, in a memo on council’s April 26 Agenda states, “Council continues to be advised on matters of accessibility, equality and inclusivity by the Amherstburg Accessibility Advisory Committee.”

Now a new committee is being recommended: a special purpose Ad-hoc Committee, the Inclusive Community Program (ICP) Advisory Steering Committee to “help Amherstburg to become an age-friendly community by ensuring that the needs of the residents of all ages and abilities are considered in every stage of community planning and development.”

There are plans to hire a consultant: “approval is requested for an over-expenditure in the CAO’s Office budget centre professional fees expense account for up to $60,000 including net HST to fund consulting services for development of the Needs Assessment and Action Plan; this cost would be funded by the ICGP.” 

The report’s RISK ANALYSIS section includes, “Administration is of the opinion that all advisory meetings should resume through the Town’s zoom meeting platform” and “Should Council wish not move forward with this engagement solution for advisory committees, it may result in political criticism.” (report’s typo)

Should administration include consideration of political risk when it provides advice or recommendations to council?

A request for the grant application was submitted.

More to follow.

Open Air Amherstburg Access Questioned

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This opinion by Linda Saxon was published in the River Town Times, March 31, 2021.

RE: Open Air Weekends Approved March 24, 2021

It was interesting to read about the variety of ideas that might possibly entice visitors or change the purpose of the weekend events.

The article mentioned, “Councillor Marc Renaud said there is a lot of parking a short walk from the downtown core, noting many will walk to and around shopping malls.”

In a report to council, Anne Rota and Nicole Rubli noted what the transportation planners suggest is an acceptable range of walking distance for retail, employee and special event parking.

The figures mirror those in an article originally published in 1994 when the authors discussed conditions that should be taken into account to determine how far people using parking garages should be asked to walk. It was determined that there was a lack of consensus for what is considered maximum walking distance.

The report mentions beliefs, perception and“the travel distance acceptable to an individual is contingent on an individual’s willingness to walk.” Transportation studies mention a willingness to walk in terms of close proximity to transit.

Notably absent was any reference to accessibility guidelines or consultation with residents with disabilities and the Amherstburg Accessibility Advisory Committee which has a mandated duty to advise council about the requirements and implementation of accessibility standards.

A separate report to council regarding accessibility requirements noted, “no consultation with the committee was possible at this time” due to COVID, yet the committee met previously during COVID on zoom, as has council.

Given mandatory training on the human rights code and accessibility legislation, why was there no checklist identifying potential barriers and their removal? If persons with disabilities had been consulted, barriers could have been prevented. For example, placing a group of accessible parking spaces on Dalhousie street is unacceptable, considering the slope on the southwest side.

Administration would also recommend the elimination of the Kings Navy Yard Parklot being a primary accessible parking location. Why? These spots were allegedly under-utilized. The town is obliged to provide a specific number of accessible parking spaces so it should not remove them, unless they cannot be accessed due to road closures.

Other potential barriers should have been identified. How many accessible parking spaces are type A? type B? What is the percentage of accessible seating in the eating areas? Are there any rest areas? How many accessible washrooms are there? Are the pathways unobstructed? Is signage accessible? Is marketing material available in alternate formats?

If there is a parking problem, maybe the problem is with the plan that barricades access to the downtown area.

Amherstburg Requests Website Compliance Deadline Extension – Background Byte

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In response to the RTT article, ‘County will not endorse Amherstburg’s request for AODA website compliance’ letter by Linda Saxon as published on November 4, 2020.

I appreciate Essex County Council not endorsing the town’s request.

Is COVID a convenient excuse?

For eighteen years, since September 2002, I appeared before town council and the town’s Accessibility Advisory Committee, emailed the town’s IT Department, wrote letters to the editor and appeared before the provincial Standing Committee on Justice Policy regarding the need for an accessible town website. The 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 in June 2008 and in January 2009 after the launch of the newly designed site.

I served on the Essex County Website Redesign Committee when the county launched its redesigned site in 2014.  Why did Amherstburg wait until 2016 to hire the same web design company? And, in the four years since, what is the town’s excuse for non-compliance? Obviously, it isn’t COVID.

The Amherstburg Accessibility Advisory Committee should have also ‘vehemently’ opposed the town’s resolution that was distributed to all other municipalities in the province.

Most disappointing was that council members placated administration when the question on behalf of the community they serve should have been, why are we not compliant by now?

Although the report to council claims COVID is the reason, administration explained at the council meeting that it was due to third parties. I guess no one on council realized the town is also responsible for third party vendors because no one commented.

From the Ontarians with Disabilities Act, 2001 to the Accessibility for Ontarians with Disabilities Act, 2005, nothing in the legislation prevents a community from implementing accessibility earlier than deadlines that were carefully considered and allowed for plenty of time to comply. It is shameful that the town requested an extension when it was aware of the compliance deadline for years; certainly, for longer than COVID has existed.

Related posts:

Town of Amherstburg Requests Website Compliance Deadline Extension

Amherstburg Requests Website Compliance Deadline Extension – The Recommendation.

Amherstburg Requests Website Compliance Deadline Extension – The Resolution

Amherstburg Requests Website Compliance Deadline Extension – The Vote

Amherstburg Requests Website Compliance Deadline Extension – Follow Up Questions to Council

Amherstburg Requests Website Compliance Deadline Extension – Circulation of Resolution

Amherstburg Requests Website Compliance Deadline Extension – Essex County Council Does Not Endorse It

Amherstburg requests Website Compliance Deadline Extension – Third Party Vendors

Amherstburg Requests Website Compliance Deadline Extension – Third Party Vendors

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Councillor Patricia Simone asked if it was possible to get assistance from a third party that deals specifically with websites; if it was possible to potentially get a quote and then weigh that against the time staff would need to be in compliance. (September 14, 2020 council meeting discussion).

The Town of Amherstburg’s website is already designed by a third party, eSolutions (stated at the bottom of the town’s site).

Other third parties:

Wired Solutions

Next ideas

Cinnamon Toast New Media Inc.

Bang the Table Pty Ltd. for the Town of Amherstburg’s TALK THE BURG.

CAO Miceli and town clerk, Paula Parker, also referred to third party vendors during council’s discussion regarding non-compliance. Miceli referenced third party vendors that the town hosts on its own website; Parker mentioned the town has some third party vendors who are responsible for such things as the tourism website, the fire website is another one that is third party.

Email request for information

Ms. Parker’s response to my request for information regarding third party vendors for the town’s website was:

There are a number of third party vendors providing services to the Town in a variety of manners and a review by Town staff is ongoing as to redundancy, duplication and contract terms/conditions.  While this review is underway and not yet complete, I cannot at this time provide a thorough list.  A report is expected to be available in 2021 with suggestions from Administration for efficiencies in service delivery and a streamlined approach to web content delivery.

FOI request for information

  1. The names of all third-party vendors that the Town of Amherstburg hosted on the Town of Amherstburg’s website from January 1, 2012 to present.
  2. Copies of all Requests for Proposals, Requests for Quotes and Tenders for the redesign of the town’s website from January 1, 2012 to present.
  3. Copies of each individual contract for the third-party vendors with the Town of Amherstburg website from January 1, 2012 to present.
  4. All the costs of each individual purchase of the third parties’ services for the Town of Amherstburg’s website from January 1, 2012 to present.
  5. All the cost of hosting each of the third parties’ services for the Town of Amherstburg’s website from January 1, 2012 to present.

Ms. Parker sought clarification. Ms. Parker was advised, the wording was based on the wording CAO Miceli and she used at the September 14, 2020 town council meeting when both referred to the town’s website non-compliance of the accessibility standard due to third party vendors.

Ms. Parker then issued two decision letters:

  1. the Town of Amherstburg requires an additional 30 days to December 4, 2020.
  2. a fee estimate of $967.50, exclusive of photocopies.

more to follow.

Related posts:

Town of Amherstburg Requests Website Compliance Deadline Extension

Amherstburg Requests Website Compliance Deadline Extension – The Recommendation.

Amherstburg Requests Website Compliance Deadline Extension – The Resolution

Amherstburg Requests Website Compliance Deadline Extension – The Vote

Amherstburg Requests Website Compliance Deadline Extension – Follow Up Questions to Council

Amherstburg Requests Website Compliance Deadline Extension – Circulation of Resolution

Amherstburg Requests Website Compliance Deadline Extension – Essex County Council Does Not Endorse It

Amherstburg Requests Website Compliance Deadline Extension – Essex County Council Does Not Endorse It

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The River Town Times reports that on Wednesday October 21, Essex County council voted to not endorse the town of Amherstburg’s Resolution.

In a letter to county council, the Essex County Accessibility Advisory Committee (ECAAC) stated, “The ECAAC does not support the resolution from the Town of Amherstburg, but also vehemently opposes any extensions to this deadline for compliance.”

“The members of the ECAAC noted that “fifteen years is long enough to take the necessary steps in achieving website compliance” and “not only does this request undermine the legislation as it stands, but also sends a message that meeting accessibility standards is not important”.

Kingsville Deputy Mayor Good Queen spoke against the resolution and Amherstburg Deputy Mayor Leo Meloche, in the absence of Mayor DiCarlo, offered an explanation.

View the discussion at county council meeting.

More to follow.

Related posts:

Town of Amherstburg Requests Website Compliance Deadline Extension

Amherstburg Requests Website Compliance Deadline Extension – The Recommendation.

Amherstburg Requests Website Compliance Deadline Extension – The Resolution

Amherstburg Requests Website Compliance Deadline Extension – The Vote

Amherstburg Requests Website Compliance Deadline Extension – Follow Up Questions to Council

Amherstburg Requests Website Compliance Deadline Extension – Circulation of Resolution

Amherstburg Requests Website Compliance Deadline Extension – Follow Up Questions to Council

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Members of Amherstburg town council were asked to provide the reasons for voting in favour of the Resolution on September 14, 2020.

The following responded.

Councillor Michael Prue: Please view the tape or the video. I was very passionate about why this should not be done. If this is not possible call me.

Councillor Patricia Simone: After reading the report provided in the agenda, discussion with administration and staff and research I conducted before the meeting.

Follow up question: What kind of research did you conduct and would you cite the sources you relied on to reach your decision?

No response.

Councillor Donald McArthur: I voted the way I did because I believe the extension request was earnest and made in good faith by staff, who are diligent, dedicated and hard-working.

As the report to Council makes clear, the Town’s robust response to the COVID-19 pandemic has had a significant impact on operations and established work plans.

“The work plan to address website accessibility did not anticipate the interruptions and redeployments caused by the declared pandemic, COVID-19,” said the report. “The demands of addressing the emergency declaration have devoted key resources away from other projects to ensure the safety of the community and staff, continued operations and new procedural changes to how the municipality ensures the provision of its services during a pandemic.”

Follow up question: regarding your comment at the meeting that amherstburg is not the only one of the 444 municipalities asking for this extension: would you know the numbers or names of those other municipalities?

McArthur: I based my comments off the report: ‘The Town of Amherstburg is not alone in finding it difficult to meet this timeline. Other municipalities have stated that they understand they may not be able to meet this target, especially given that there have been no funding announcements from the provincial government.’

Related posts: Town of Amherstburg Requests Website Compliance Deadline Extension.

Amherstburg Requests Website Compliance Deadline Extension – The Recommendation.

Town of Amherstburg Requests Website Compliance Deadline Extension – The Resolution

Town of Amherstburg Requests Website Compliance Deadline Extension – The Vote

More to follow.