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Greenwich Diva
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Jane Genova: Speechwriter - Ghostwriter
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Exit 55 By Rob "WGCH" Adams
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The Perrot Memorial Library Blog
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Tribune Company's Greenwich News Feed
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Greenwich Forum
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The New And Improved "For What It's Worth" (Wordpress Edition)
What’ll we do, oh what will we do? - So your house has been on the market since spring asking $2.6 million and there are no takers. It must be overpriced so do you knock it down: (a) 25%, (b) ...
Friday, November 21, 2008
11/21/08 The Greenwich YMCA Is The Only YMCA In America That Is Going To Court In An Effort To Keep The Crippled Out Of It's Building
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
===============================================================
Please send your comments to GreenwichRoundup@gmail.com
11/21/08 The Greenwich Media Is Only Telling Half Of The Story About How The YMCA Is Discriminating Against The Crippled
Please Read These Public Documents:
Greenwich Doners Are Shocked
At The Greenwich YMCA
The Greenwich YMCA Board Of Directors Wants To Waste Donor Money On An Unnecessary And Expensive Lawsuit That They Will Eventually Lose In Court.
Personally As A Vissually Impaired Individual I Am Appalled At The Greenwich YMCA Board Of Directors.
Shame, Shame, Shame
On The Greenwich YMCA
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 7, 2008
Defendants.
AFFIDAVIT OF LUIS GONZALEZ-BUNSTER
The undersigned, Luis Gonzalez-Bunster, being first duly sworn on oath, deposes and states:
1. I am of legal majority, have first hand knowledge of the facts contained herein and could competently testify thereto if called as a witness.
2. I currently reside at 6 Doubling Road, Greenwich, Connecticut.
3. I would like to become a member of the Greenwich Family YMCA located at 50 East Putnam Avenue, Greenwich, Connecticut 06830.
4. Since 1994, I have been permanently paralyzed from the chest down and have been confined to a wheelchair.
5. In October 2008, I attempted to gain access to the YMCA facility in Greenwich and was unable to enter the building because there are no wheelchair ramps.
6. Water exercise is an essential form of exercise for me. My ability to exercise in other ways is severely limited and water exercise is necessary for me to maintain my physical and emotional well-being.
7. I have made requests of the YMCA for construction of a wheelchair ramp, but have been informed that a temporary ramp is not possible and that a permanent ramp will not be completed until late 2009, at the earliest.
8. The construction of a temporary wheelchair ramp is necessary for me, and others similarly situated, to gain access to the YMCA.
LUIS GONZALEZ-BUNSTER
Frank N. Peluso, Esq.
Commissioner of the Superior Court
================================================================
please send your comments to GreenwichRoundup@gmail.com
11-21-08 Greenwich Time Online News Links - This Is All There Is In The Early Morning.
Greenwich Time's Online News Readers Are Treated
Like Red Headed Step Children
BEHIND THE TIMES:
Today's Entire Greenwich Time Newspaper Was Sent Digitally To The Connecticut Post Production Plant Bridgeport Last Night To Be Printed About 7 Hours Ago.
Once Again The Lazy Greenwich Time Webmaster
Can't Seem To Get It Up In The Morning.
The Greenwich Time Is Once Again Treating It's Online Readers Like Red Headed Step Children. The Internet Is The Greenwich Times Future As An Independent Masthead.
Recently, The Christian Science Monitor Said That It Was No Longer Printing It's Money Losing Print Edition And Yesterday PC Magazine, Which Earns A Health Profit With It's Print Edition, Informed It's Readers That It Will Become A Web Only Publication This January.
If The Greenwich Time Webmaster Continues To Fail To Get The News Up Each Morning Then Hearst Newspapers Just Might Go Forward With The Rumored Plans To Fold The Greenwich Time, Stamford Advocate And The Norwalk Advocate Into The Connecticut Post.
Ham. Ave nears another key deadline
Staff Writer
Posted: 11/21/2008 02:32:15 AM EST
Time is running short for the Hamilton Avenue School contractor to wrap up work around Thanksgiving, the schedule district officials suggested if students are to return to the renovated school after holiday recess in December.
Board of Ed weighs hearing officer for explusions
By Colin Gustafson
Staff Writer
Posted: 11/21/2008 01:00:00 AM EST
The Board of Education is considering delegating much of its authority on school disciplinary matters to an expulsion "hearing office" that would make final decisions on how to reprimand students.
Was Rookie Greenwich Time Reporter Colin Gustafson The Only One Working Yesterday At The Local Kitty Litter Liner?
UPDATE:
THE GREENWICH TIME HAS
FINALY PUT MORE NEWS
E-mail about teen thieves in backcountry Greenwich called bogus
Staff Writer
Posted: 11/21/2008 08:26:23 AM EST
Police say there is no truth to an e-mail circulating around town warning residents that a group of teenagers is robbing houses in the backcountry.
No discrepancy in revised report on vote tally
By Neil Vigdor
Staff Writer
Posted: 11/21/2008 09:55:32 AM EST
Things just don't seem to be going John McCain's way. A day after the former Republican presidential candidate picked up eight votes on Barack Obama's total in Greenwich, the town took those votes away Thursday, according to a revised copy of an audit done by election officials.
Greenwich wine connoisseurs celebrate a new year of Beaujolais
Staff Writer
Posted: 11/21/2008 08:28:15 AM EST
Pop quiz: How many miles long is the Beaujolais region of France, just north of Lyon? Is it A) 16 or B) 28 or C) 34?
ANOTHER HARDER HITTING GREENWICH TIME EDITORIAL Concerns about 'debt negotiators'
When anything happens to a large number of Americans - from being battered by hurricanes to receiving tax rebates - you can be sure a goodly number of individuals will try to take unprincipled advantage.
Culprits in this case have been identified as a growing number of "debt negotiators," whom state officials now propose to regulate. That seems a good idea if the regulations do not completely handcuff legitimate negotiators and deprive Connecticut residents of help they need in resolving credit-card, mortgage or other debts.
The core of the problem, those officials say, is that "negotiators" are not considered "debt adjusters" for purposes of state licensing.
According to Connecticut's attorney general, licensed debt adjusters take control of individuals' income and other assets, as well as debt. The adjuster's goal is to oversee repayment of debts over time. Negotiators, on the other hand, seek to broker agreements for borrowers' debt repayment, leaving the borrowers in control of their assets. As such, negotiators currently are not subject to any state regulation. ...... Blah ..... Blah ...... Blah ...... Blah
I Wonder What The Greenwich Time Editors Think About The Greenwich YMCA Discriminating, The Police Lawsuit Or Whats Happening At Town Hall.
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