Councillor Crain’s Flip Flop On Open Air Barriers

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@LindenCrain, remember this campaign question? Will you remove barriers during Open Air weekends that block people with disabilities from driving to the bank, local stores, bars, and generally driving through town?

Crain’s answer: “Yes. It is important that all members of the community can experience Open Air.”

Well now I can’t.

Remember these questions?

how will you fulfill the obligation to remove barriers?

Crain’s answers, in part:

  • Follow regulations outlined in the Accessibility for Ontarians with Disabilities Act. 
  • Always remain available to address concerns any resident faces in the Town of Amherstburg.
  • Work closely with Town Administration to establish procedures and measures that ensure those with disabilities have the opportunity to experience all our community has to offer.

Did Councillor McArthur Flip Flop on Accessibility?

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I’m calling Councillor McArthur’s attitude about accessibility issues a flip flop.

Councillor McArthur commented during the discussion of Councillor Pouget’s December 12, 2022 motion regarding accounts payable being placed back on public agendas. McArthur said he would caution against one option because that’s kind of circumventing accessibility provisions. He said if it’s important information that’s important to get out there, then it’s important for everybody and it needs to be accessible. He said they can’t do an end run around it.

So why did he remain silent on the issue of Open Air barriers and the removal of them? It’s especially concerning since he’s council’s rep to the Amherstburg Accessibility Advisory Committee.

Then-Councillor Now Mayor Prue On Gordon House Accessibility

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This is what I call a flip flop. Then-Councillor Prue spoke about the Gordon House not being accessible, campaigned to ensure all town buildings are accessible to facilitate an open and inclusive municipality, then agreed the Gordon House should be repaired – not a word about accessibility during that discussion. No answer to a question about it either. 

Then-Councillor Prue made these comments at a December 2021 council meeting:

very brief questions, the act, the Ontarians with Disability Act, is nearly 20 years old, and January 1, 2025 everything’s supposed to be in place and I’m just wondering, do we have time or what are the plans for this year we’re going to be at 2022, what are the plans for this year for the buildings that are not accessible? This one is not accessible. The tourist facility at the Gordon house is not accessible. The two that come immediately to my head these are big capital expenditures or maybe we have to move I don’t know but have we got time to do it? Are you putting Are you going to recommend a lot of money for this year or possibly next year’s budget because a fair amount is going to have to be spent because we can’t wait any longer. (emphasis added). (audio) 

January 2022, then-councillor Prue commented:

I don’t know that we have not done everything as a council we should have done to help the many people who live in Amherstburg to have accessibility to our town and to its services. I’ve said this to council before I was the initial speaker in the legislature on this and I was very unappreciative of the fact it was taking 21 years to come to fruition, but that’s about to happen now.

2022 Campaign website Prue working for you: Priorities included Ensure all town buildings are accessible to facilitate an open and inclusive municipality.

February 12, 2023 Email to all members of council when agenda was published:

it’s hard to rationalize the grant application to spruce up the Gordon House. ‘Inclusive’ and ‘diverse’ seem to be the newest buzz words, but we can’t be an inclusive, welcoming community if we exclude people with disabilities. why is the tourism department not based in the tourist booth on the highway where the building is actually welcoming without barriers? will heritage once again take precedence over accessibility?

February 13, 2023 Mayor Prue commented during the discussion of grants, including funding for the Gordon House to complete the painting and siding, install a storage shed and replace windows.

any other discussion? Seeing none I’ll pass the gavel just for a second. I’m going to vote with the recommendation that’s just been made because this I have never been on this council or seen anybody on this council even in the past look away from money that a senior level of government is going to give to the municipality. This does not bind us to anything. If they want to give us 50 or $100,000 or whatever it is, I think we should take it. You know we have the Gordon house is the oldest building. It’s in need of some structural repair. For sure we need an economic development slash communications officer. And if this helps us to move along, then I think we should and I’ll take the gavel back. Any other discussion? All those in favor? Opposed? Carries. (emphasis added).

February 15, 2023 Email to all members of council after the vote:

i predicted council would confirm the importance of the Gordon House, but i would still appreciate an answer to my question: why is the tourism department not based in the tourist booth on the highway?

Councillor Crain: Tourism Windsor-Essex operates the tourism booth during the summer months as an information centre.

The burg watch: thanks, but that doesn’t answer my question.

Copyright – this information is protected by Canada’s Copyright Act. Request written permission from the burg watch at gmail dot com.

Disclaimer: the information is presented as is according to my notes. videos are available at the town’s website.

Flip Flops

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I’ve added a new flip flops page to the blog so there is a record of who flip flops and on what issues. I started this blog eleven years ago as a resource for voters because time passes and during campaigns, the focus on positivity seems to overshadow the perceived negativity.

Councillor Crain On Barriers, Accessibility And How Can He Improve?

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On October 26, I congratulated newly elected council members of council and offered kudos to councillors Pouget and Courtney; I did not encounter any barriers during their campaigns to represent their community.

I asked the remaining five three questions.

On December 9, I sent a reminder that the questions were not answered. Councillor Crain then answered, below, and also asked, Thank you for the questions. Would you be able to share how I created barriers for residents with disabilities throughout my campaign?

the burg watch: December 11, i already did in emails.

Crain: Can you please resend them?

the burg watch: no.

Crain: That’s unfortunate. I guess I won’t be able to learn more about how I can improve…

the burg watch: it’s unfortunate that you didn’t take note of my previous emails or read my blog.

Crain’s answers:

of the accessibility information the town provided to you for your campaign, which did you read?

I read all election material provided by the Town throughout my campaign, including any information pertaining to the Municipal Elections Act, 1996, the Ontarians with Disabilities Act, 2001, and the Accessibility for Ontarians with Disabilities Act, 2005.

what trainings have you participated in for accessibility legislation, for example, as an employee, volunteer, etc.?

Both the Town of Amherstburg and the County of Essex members of Council have received training on accessibility. I have also been advised that Administration will be doing a special session on accessibility in the first quarter of 2023.

how will you fulfill the obligation to remove barriers?

  • Continue an open dialogue with the Town’s Accessibility Advisory Committee.
  • Follow regulations outlined in the Accessibility for Ontarians with Disabilities Act. 
  • Always remain available to address concerns any resident faces in the Town of Amherstburg.
  • Work closely with Town Administration to establish procedures and measures that ensure those with disabilities have the opportunity to experience all our community has to offer.

How Keen Is Crain?

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During the February 22 discussion, when Councillor Courtney asked about Open Air options AND pros and cons, Crain asked staff, hasn’t the past Council already looked at ways to refine open air and that’s why some of the barricades were moved in closer? This feels a bit redundant to me if this has already been looked at by council. And from last night and from what we’ve been hearing, it’s pretty clear that the format is great. But based on my understanding, council’s already looked at this.

He’s right, past council was presented with the THRIVE white paper on Open Air; ‘this White Paper will make a case to council that a revised Open Air with more town funding should be done in 2022.’ Crain was part of the team that created that white paper.

Renée D’Amore (director)
Sara Palmer (director)
Kory Renaud (director)
Richard Peddie (director)
Kurt Reffle
Linden Crain

During the March 13 Open Air discussion, Councillor Crain said he’d be completely honest, he didn’t even think Open Air should have been a topic of discussion.

What?! Why not? According to the Information and Privacy Commissioner Ontario site, ‘Open Government is based on the core belief that the public has the right to access the records and proceedings of government to enable greater openness, accountability, and engagement.’

The THRIVE site: We believe that it should be a permanent summer feature. 

On March 13, Crain said, I also think perhaps we shouldn’t even be discussing this every year because eventually it’s going to be nothing. We’re going to continue to tweak it and really try to please everyone and it’s not going to happen.

OPEN AIR POST REVIEW TO COUNCIL

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The following was emailed to members of council.

Kudos to Councillor Pouget for consistently acknowledging the town’s legal obligation to comply with provincial legislation.

Kudos to Councillor Courtney and Councillor Allaire for recognizing the duty to consider the needs of the whole community and recognize the distinction between public and private interests.

Shame on Deputy Mayor Gibb for speaking not only as a member of council but as a husband, father, son-in-law and businessman. I have little interest in how you and your family spend your time or what activities you participate in. Also, for stating, “I’m proud to say that I did complete the ADOA training that was offered to all members of council and I hope to put what I learned into practice not only in my “municipal life” but also in my personal life.” I hoped so too. I don’t know what the training consisted of since I was advised to file a Freedom of Information request.

Shame on Councillor McArthur for advocating for trails, active transportation, dog parks and consistently championing Open Air. As council’s rep on the Accessibility Advisory committee, you should have advocated for the removal of barriers. Maybe Councillor Pouget should have been appointed?

Shame on Councillor Crain who answered yes, he would remove Open Air barriers during the election campaign but voted to continue Open Air; he was a co-author of Thrive’s Open Air white paper. How would he fulfill the obligation to remove barriers? Answer, in part, ‘follow regulations outlined in the Accessibility for Ontarians with Disabilities Act; always remain available to address concerns any resident faces in the Town of Amherstburg; work closely with Town Administration to establish procedures and measures that ensure those with disabilities have the opportunity to experience all our community has to offer.’ And then, during the March 13 meeting say he’d be completely honest, he didn’t even think Open Air should have been a topic of discussion.

Shame on Mayor Prue for asking Council to find it in their hearts to compromise with the other side. Shouldn’t the human right for equal participation in the community have superseded the desire to seek consensus? Public funds should never be spent on barriers and accessibility should never be compromised.

Finally, THANK YOU for confirming what I have wondered for over three decades – where does accessibility fit in the priorities? 

Finally, It’s Council’s Job To Set Priorities

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During the March 13, 2023 council meeting discussion of the boat launch, Councillor Crain asked administration, just looking at the five year capital budget, based on my understanding, a boat launch has not been projected over the next five years.

Heidi Baillargeon answered, It’s not in the five year it doesn’t mean that if Council chooses to shift priorities within that portfolio they can choose to do so.

I was wondering if a custom stamp should be created, like approve administration’s recommendations?

Yes, council sets priorities and administration implements their decisions. Let’s watch for that trend.

Shameful – Open Air Will Continue

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So many heartfelt pleas from some downtown businesses to change the timeframe and/or the footprint. Shame on Councillor Crain for saying he would remove Open Air barriers when he campaigned but voted to support continuing Open Air. Shame on Councillor McArthur; as council’s rep to the Accessibility Advisory Committee who should be advocating to remove barriers. Also, shame on Deputy Mayor Gibb; he emailed that, “I’m proud to say that I did complete the ADOA training that was offered to all members of council and I hope to put what I learned into practice not only in my “municipal life” but also in my personal life.” Finally, shame on Mayor Prue.

What Accessibility Training Did Council Receive? File An FOI Request

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I asked CAO Critchley: on what date did current members of council receive training in accessibility?

Critchley: November 29, 2022.

I could not find accessibility listed on the November 29 council workshop agenda.

Then I asked CAO Critchley to email me copies of the accessibility training materials provided to members of council at their November training.

CAO Critchley: With respect to your request for documents, please file a Freedom of Information Request.