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Westmoreland faces civil action

The ACLU and the Virginia Office for Protection and Advocacy threaten to sue Westmoreland over lack of access for handicapped at public buildings.

Date published: 3/23/2006

By FRANK DELANO

A civil-liberties group and a state agency have raised possibilities of legal action against Westmoreland County for failing to provide handicapped access to public buildings.

In a letter sent Monday, an attorney for the Virginia Office for Protection and Advocacy charged that the county had not complied with all terms of a 2003 settlement agreement to provide handicapped access to the George D. English Sr. Memorial Office Building in Montross.

"It is my hope we can bring this matter to a swift conclusion without the need for litigation," wrote VOPA Managing Attorney Jonathan G. Martinis. "After three years, Westmoreland County owes its citizens with disabilities nothing less."

On Tuesday, the American Civil Liberties Union of Virginia notified the county that it intends to file a lawsuit under the federal Americans with Disabilities Act unless the county promptly provides handicapped access to the offices of the Circuit Court clerk.

"The Americans with Disabilities Act is 16 years old now, and we're still fighting for basic compliance," said Kent Willis, executive director of the ACLU.

He said the old courthouse containing the clerk's office is "no ordinary building, and this is not a symbolic act on our part."

"This is about access to the clerk of the court, a person who is visited by thousands of people each year who need to conduct business in Westmoreland County," he said.

County Administrator Norm Risavi said that a team composed of a professional engineer, a building inspector and the county's maintenance supervisor inspected all county buildings yesterday for ADA compliance.

Risavi said he hoped to have a plan and a budget for ADA projects ready for approval by the Board of Supervisors at its April 10 meeting. A supplemental appropriation by the supervisors may be necessary to fund the work, he said.

Risavi would not estimate when the various ramps, curb cuts, bathroom renovations and signage would be installed.

He said some of the work could be done by county staff, but other jobs would be put out for bids under the county Procurement and Contract Administration Policy.

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Date published: 3/23/2006