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Under title 2 of the Americans with Disabilities Act. In a four year battle with officials (primarily the clerk and the Borough administrator) of the Borough of Mendham over access to public information. I have endured what I believe to be many government actions that constitute violations of the Americans with disabilities Act. Recently, I decided to no longer tolerate the insult, and degradation of quality of life that these illegal actions constitute, and impose. A specific, current event (infraction of law) has a malicious component that in my opinion deserves the making "of a federal case". In brief chronology: In August of 2003 I began requesting of the Borough of Mendham audiotape copies of town council meetings. This request was provoked by the fact that the town government would not provide copies of the written minutes of the council meetings prior to their approval-- Which meant in practical fact, that you could not access the minutes of a council meeting until some date after the next council meeting. Obviously, for persons not able to attend council meetings, effective participation was in effect unnecessarily prohibited. Initially my request for the audiotape copies begrudgingly was complied with. Unfortunately, in very short order, the Borough officials began to assert a right to take two weeks to provide the audiotape copies. As council meetings take place every two weeks the usefulness of the audiotape copies is substantially destroyed by this delay. Again there is provided no meaningful ability to participate for those housebound by disability, or otherwise unable to attend council meetings. Most recently, the town council has itself acted in goose step, with the insensitive, and I would claim illegal obstructions to access contrived by the Borough administrator. On December 15th the Town Council intends to amend town ordinances to establish blatantly excessive fees for access to government held information. A particularly egregious stipulation of this new fee schedule is the initiation of a $25 fee for audiotape copies of council meetings. There is likely no other function of government of more critical importance to the public than the discussion and decision that takes place at town council meetings. I would simply claim that no "thoughtful consciousness" could rationally justify substantially degrading accessibility with the ridiculous excuse, that pressing a "record button" constitutes too burdensome an accommodation. Relevant ADA statute: Subpart E -- Communications. 35.160 General. More complete details at: http://inmendham.com/opra/ |