Stephen Hamer’s suit, filed in 2014, finally reaches conclusion
by Bill Knowles
TRINIDAD — An on going complaint filed with the Department of Justice (DOJ) in April 2014 by local activist Stephen Hamer was settled and agreed to by the Trinidad City Council during their regular city council meeting Feb. 6.
The DOJ received the complaint, which outlined over 300 ADA violations found in the City of Trinidad. An audit by DOJ of the city in 2015 produced more violations that were found in areas that Hamer had yet to examine, such as the community center.
The comprehensive settlement will require the City of Trinidad to correct 304 different violations of Title II of the Americans with Disabilities Act. The U.S. Congress passed the act in 1992 in an effort to produce a level playing field for all Americans so everyone has equal access to services, programs, or activities.
The agreement requires curb ramp work in several areas within the central area of Trinidad. Work on Commercial Street was finished just over a year ago, but the area south of the Purgatoire River Bridge is still problematic. The transition of the curb ramp to the street on the east side of Commercial Street is not flush with the street, presenting a hazard for wheel chairs or powered scooters. In addition, the top of the ramp had no landing, as required by the law.
At the intersection of West First Street and Raton Street, it was noted that the transition between the curb ramp and the street at the southwest corner was not flush. And at the southeast corner of First Street and Santa Fe Trail is absent a curb ramp altogether.
In the post office area at the intersection of East Main Street and North Chestnut Street, no curb ramp is provided at the northeast corner of the intersection.
Violations were also noted at Central Park, Southside Park, Kit Carson Park, Cimino Park, the Senior Center, Library, Trinidad Golf Course, Community Center, and both the interior and exterior of City Hall.
The agreement calls for the appointment of an ADA Coordinator. Tom Beech currently fills that position. Part of his job is to build a grievance procedure.
According to city manager Greg Sund, the city is glad this part is over. “It’s time to move on,” Sund said. “I’m supportive of the ADA. I think that providing access to persons wanting to use what Trinidad has to offer is a wonderful goal.”
The agreement is good for three years beginning on Feb. 7, 2018. The agreement is a public document, and the City of Trinidad will provide a copy of the document to any person upon request.
Hamer filed the complaint and will not receive any compensation from the city. The matter is between the DOJ and the City of Trinidad.
