You Wont See This Public Document At The Greenwich Citizen, Greenwich Post Or The Greenwich Time.
The Greenwich YMCA Is In The Middle Of 40 Million Dollar Building Project And Just 1% Of That Massive Building Budget Would Equal
$400,000.00.
But The Greenwich YMCA Board Of Directors Wont Spend $20,000 To Let The Towns Crippled And Infirm Enter The Building.
The YMCA would Only Have To Spend 1/20th of One Percent Of Their 4 Million Building Project Budget To Let The Greenwich's Crippled Residents Use The Swimming Pool Like Everyone Else.
Please Read These Public Documents To See Why Greenwich Residents Are Starting To Say I Will Never Ever Donate To The YMCA Again.
No One Likes To See Their Donations Used For
Unnecessary And Expensive Lawsuits That
Are Designed To Discriminate Against Others
Virtually Every Family In Greenwich Has Someone Who Is Handicapped In One Way Or Another.
LUIS GONZALEZ-BUNSTER SUPERIOR COURT
Plaintiff,
v. JUDICIAL DISTRICT OF STAMFORD/
NORWALK
YOUNG MEN’S CHRISTIAN AT STAMFORD
ASSOCIATION OF GREENWICH,
TOWN OF GREENWICH NOVEMBER 17, 2008
Defendants.
VERIFIED COMPLAINT
1. At all times relevant herein, Plaintiff Luis Gonzalez-Bunster, is a natural person who resides at 6 Doubling Road, Greenwich, Connecticut.
2. At all times relevant herein, Defendant Young Men’s Christian Association of Greenwich is a not-for-profit corporation duly formed under the laws of the State of Connecticut with its principal place of business at 50 East Putnam Avenue, Greenwich, Connecticut 06830, and doing business as Greenwich Family YMCA (hereinafter referred to “YMCA”).
3. At all times relevant herein, the Town of Greenwich is a municipal corporation having its principal place of business at 101 Field Point Road, Greenwich, Connecticut 06830.
4. The YMCA operates a health and fitness facility at 50 East Putnam Avenue, Greenwich, Connecticut (hereinafter the “Facility”), which is a “place of public accommodation” as defined in the Americans with Disabilities Act, 42 U.S.C. Sec. 12182, et seq.
5. In or about 1994, Plaintiff sustained an injury which caused him to suffered permanent paralysis in his lower body beginning from his mid-chest region, requiring him to use a wheelchair.
6. Plaintiff’s use of a wheelchair constitutes a “disability” under 42 U.S.C. Sec. 12102(2).
7. In or about 2004, the YMCA began renovations to the facility, part of which consisted of renovations of its preexisting building and the construction of a new natatorium wing. The work to the natatorium resulted in the construction of a new pool.
8. On or about 2006, the Town of Greenwich issued a temporary occupational permit to the YMCA that allowed the YMCA to use the facility and allow members and Greenwich residents to use the facility while remaining construction was in progress.
9. A representative of the YMCA informed Plaintiff, through his counsel, that the YMCA intends to install wheelchair ramps when construction is completed, but that construction will not be completed until late 2009 at the earliest.
10. The facility does not have temporary ramps which would allow Plaintiff, and others similarly situated, to use the facility, in violation of the American with Disabilities Act of 1990, 42 U.S.C. Sec. 12182, et. seq., the Connecticut Building Code, C.G.S. 29-252, et seq., and local building ordinances.
11. On several occasions, Plaintiff requested the YMCA to construct a temporary ramp to allow him wheelchair access to the facility until construction is completed, but to date, the YMCA has neglected and refused to do so.
12. On several occasions, Plaintiff’s representatives requested counsel for the YMCA to construct such ramp, but counsel for the YMCA informed counsel for Plaintiff that such construction is not possible without first obtaining a building permit from the Defendant Town of Greenwich.
13. The YMCA’s denial of the access of the facility, which is a place of public accommodation, constitutes discrimination against the Plaintiff, and others similarly situated, on the basis of disability under applicable federal, state and local law for which there is no adequate remedy at law.
14. The Defendant Town of Greenwich’s issuance to the YMCA of a temporary certificate of occupancy despite the facility’s lack of wheelchair accessibility is a violation of the Americans with Disabilities Act and the Connecticut State Building Code and Town of Greenwich building requirements.
15. Plaintiff’s continued denial of the use of the facility causes him irreparable harm because he must have access to the pool to maintain his physical well-being.
WHEREFORE, the Plaintiff prays for the following relief:
1. The issuance of an immediate temporary mandatory injunction pursuant to 42 U.S.C. Sec. 12188(a)(2), ordering the YMCA to install a temporary ramp which would allow Plaintiff access to the facility;
2. The issuance of an immediate temporary injunction ordering the Town of Greenwich to immediately authorize the construction of such temporary ramp, or to revoke the temporary certificate of occupancy already issued to the YMCA;
3. The issuance of a permanent injunction ordering that a permanent ramp be constructed to allow access to the YMCA and natatorium that meets all building standards under federal and state law and local building codes;
4. An award of the costs of this action, including reasonable attorney’s fees and costs pursuant to 42 U.S.C. Sections 12188(a)(a) and 12205; and
5. Such other relief and further legal and equitable relief as may be required.
PLAINTIFF
LUIS GONZALEZ-BUNSTER
BY:
Frank N. Peluso
Law Offices of Frank N. Peluso, P.C.
1799 Summer Street
Stamford, CT 06905
(203) 348-2000
Firm Juris No. 045981
===============================================================
Plaintiff,
v. JUDICIAL DISTRICT OF STAMFORD/
NORWALK
YOUNG MEN’S CHRISTIAN AT STAMFORD
ASSOCIATION OF GREENWICH,
TOWN OF GREENWICH NOVEMBER 17, 2008
Defendants.
VERIFIED COMPLAINT
1. At all times relevant herein, Plaintiff Luis Gonzalez-Bunster, is a natural person who resides at 6 Doubling Road, Greenwich, Connecticut.
2. At all times relevant herein, Defendant Young Men’s Christian Association of Greenwich is a not-for-profit corporation duly formed under the laws of the State of Connecticut with its principal place of business at 50 East Putnam Avenue, Greenwich, Connecticut 06830, and doing business as Greenwich Family YMCA (hereinafter referred to “YMCA”).
3. At all times relevant herein, the Town of Greenwich is a municipal corporation having its principal place of business at 101 Field Point Road, Greenwich, Connecticut 06830.
4. The YMCA operates a health and fitness facility at 50 East Putnam Avenue, Greenwich, Connecticut (hereinafter the “Facility”), which is a “place of public accommodation” as defined in the Americans with Disabilities Act, 42 U.S.C. Sec. 12182, et seq.
5. In or about 1994, Plaintiff sustained an injury which caused him to suffered permanent paralysis in his lower body beginning from his mid-chest region, requiring him to use a wheelchair.
6. Plaintiff’s use of a wheelchair constitutes a “disability” under 42 U.S.C. Sec. 12102(2).
7. In or about 2004, the YMCA began renovations to the facility, part of which consisted of renovations of its preexisting building and the construction of a new natatorium wing. The work to the natatorium resulted in the construction of a new pool.
8. On or about 2006, the Town of Greenwich issued a temporary occupational permit to the YMCA that allowed the YMCA to use the facility and allow members and Greenwich residents to use the facility while remaining construction was in progress.
9. A representative of the YMCA informed Plaintiff, through his counsel, that the YMCA intends to install wheelchair ramps when construction is completed, but that construction will not be completed until late 2009 at the earliest.
10. The facility does not have temporary ramps which would allow Plaintiff, and others similarly situated, to use the facility, in violation of the American with Disabilities Act of 1990, 42 U.S.C. Sec. 12182, et. seq., the Connecticut Building Code, C.G.S. 29-252, et seq., and local building ordinances.
11. On several occasions, Plaintiff requested the YMCA to construct a temporary ramp to allow him wheelchair access to the facility until construction is completed, but to date, the YMCA has neglected and refused to do so.
12. On several occasions, Plaintiff’s representatives requested counsel for the YMCA to construct such ramp, but counsel for the YMCA informed counsel for Plaintiff that such construction is not possible without first obtaining a building permit from the Defendant Town of Greenwich.
13. The YMCA’s denial of the access of the facility, which is a place of public accommodation, constitutes discrimination against the Plaintiff, and others similarly situated, on the basis of disability under applicable federal, state and local law for which there is no adequate remedy at law.
14. The Defendant Town of Greenwich’s issuance to the YMCA of a temporary certificate of occupancy despite the facility’s lack of wheelchair accessibility is a violation of the Americans with Disabilities Act and the Connecticut State Building Code and Town of Greenwich building requirements.
15. Plaintiff’s continued denial of the use of the facility causes him irreparable harm because he must have access to the pool to maintain his physical well-being.
WHEREFORE, the Plaintiff prays for the following relief:
1. The issuance of an immediate temporary mandatory injunction pursuant to 42 U.S.C. Sec. 12188(a)(2), ordering the YMCA to install a temporary ramp which would allow Plaintiff access to the facility;
2. The issuance of an immediate temporary injunction ordering the Town of Greenwich to immediately authorize the construction of such temporary ramp, or to revoke the temporary certificate of occupancy already issued to the YMCA;
3. The issuance of a permanent injunction ordering that a permanent ramp be constructed to allow access to the YMCA and natatorium that meets all building standards under federal and state law and local building codes;
4. An award of the costs of this action, including reasonable attorney’s fees and costs pursuant to 42 U.S.C. Sections 12188(a)(a) and 12205; and
5. Such other relief and further legal and equitable relief as may be required.
PLAINTIFF
LUIS GONZALEZ-BUNSTER
BY:
Frank N. Peluso
Law Offices of Frank N. Peluso, P.C.
1799 Summer Street
Stamford, CT 06905
(203) 348-2000
Firm Juris No. 045981
===============================================================
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