Kenneth Gogo v. The Town of Lincoln, 2015 HRTO 566

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kenneth Gogo

Applicant

-and-

The Town of Lincoln

Respondent

DECISION ON REMEDY

Adjudicator: Jennifer Scott

Date: May 5, 2015

Citation: 2015 HRTO 566

Indexed as: Gogo v. Lincoln (Town)

WRITTEN SUBMISSIONS

Kenneth Gogo, Applicant

Self-represented

Town of Lincoln, Respondent

Tom Halinski, Counsel

Introduction

1By decision dated December 2, 2014, 2014 HRTO 1741 (the "Decision"), I held the respondent discriminated against the applicant when it closed vehicular access to the West Beach of Charles Daly Park. As a result of closing vehicular access, the applicant is unable to use the West Beach because of his mobility impairment. I ordered the respondent to investigate options for providing vehicular access to the West Beach to the applicant and other visitors with mobility impairments.

2In the Decision, I retained jurisdiction to allow the parties an opportunity to work out a plan for providing the applicant with vehicular access. I am advised that the parties have done exactly that, and have requested a consent order encapsulating the plan. That order is set out below.

3I want to thank the parties for their efforts in resolving this matter so quickly and effectively. I also want to apologize for the Tribunal's delay in providing the order requested. I acknowledge the parties' request that the Tribunal respond to their proposed plan by the end of April 2015 in order to allow the changes to be in place by the May 24^th weekend. That should have happened, but it didn't. It is my hope that the work can still be done according to the original timeline.

ORDER

4On the consent of the parties, the respondent agrees to construct barrier-free parking spaces at the east end of the West Beach and install a gate to prohibit vehicular traffic onto the west end of the beach, west of the parking spaces, according to the attached plan. The following adjustments are noted on the plan:

a. Add two speed bumps: one at the entrance to the beach access lane, and the second on the beach access lane east of the barrier-free parking spaces.

b. Five barrier-free parking spaces will be added on the beach with the appropriate car/van proportion, as per recent legislated requirements.

c. The most western gate, on the beach lane, will be moved (east) closer to the barrier-free parking spaces.

d. The existing gate on the beach access lane will remain in place and will be in use when added control for parking is necessary during larger events like concerts and the Canada Day celebration.