Disability Rights activist makes presentation to the Somerville, MA Human rights Commission.

1. Human Rights Commission
September 15, 2009 Meeting
Special Agenda item brought forward by Eileen Feldman, Director, Community Access & Inclusion Project
The City of Somerville has a well-documented pattern and practice of discrimination against the class of
individuals with disAbilities. In addition the disabilities community is completely eliminated from City efforts to
bring minorities into the political and civil planning proocesses. Just look at how the Commissions are
structured.
THEREFORE, WE ISSUE THIS REQUEST:
That the HRC, under the jursidiction of its Ordinance, specifically Sec. 2-242 and Sec. 2-243, work with
the Community Access & Inclusion Project's Somerville members to
a. develop and present a report to BOA and the public: CIVIL RIGHTS ACCESS & INCLUSION REPORT;
and
b. write grants to fund free informational meetings on public policy issues for people with disabilities and
their allies.
This effort would help Somervillians with disabilities and their families understand national, state and
local disability issues; participate in public policy discussions; and take action on issues that affect their
lives.
THE HRC Ordinance sections are copied on back.

2. Sec. 2-242. Human rights commission functions.
(a) The first function of the commission shall be to improve the life of the city by enlisting community-based
groups in educational programs and campaigns to increase mutual self- respect, harmonious intergroup relations,
and the peaceful enjoyment of life in our diverse
community.
(b) The second function of the commission shall be to respond to complaints by persons in the city who believe
that their human or civil rights, as defined by existing local, state and federal law, have been violated in
Somerville.
(c) The third function of the commission shall be to initiate investigations into circumstances which appear to the
commission to unlawfully discriminate against any of the people of the city.
(d) The fourth function shall be to work with municipal government departments, the school department,
commissions and boards, to increase compliance with appropriate local, state and federal laws and to raise the
level of awareness and sensitivity to human rights issues in municipal business with the public through
workforce-wide required training programs.
Sec. 2-243. Human rights commission duties.
The powers and duties of the commission shall include the following:
(1) To obtain information and documents, request staff support and other help as necessary from other city
departments, including the school department.
(2) To publish reports and other documents.
(3) To initiate investigations into the existence of unlawful discrimination in the city which may deny or tend to
deny equal access or opportunity in matters of housing (except as covered by the Somerville Fair Housing
Ordinance, sections 7-41 through 7-48), employment, education, contracts, purchasing or public
accommodations, on the basis of: age, ancestry, citizenship, color, disability, economic status, ethnicity,
family/marital status, gender, military status, national origin, race, religion, sexual orientation or source of
income; and in connection therewith to hold administrative hearings.

3. Somerville is noncompliant with the following FEDERAL ANTIDISCRIMINATION & CIVIL RIGHTS LAWS,
STATUTES and IMPLEMENTING REGULATIONS:
Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134,
and the Department of Justice’s implementing regulation, 28 C.F.R. Part 35.
The City of Somerville is responsible to provide all residents, without exception, equally accessible and inclusive
services, programs and activities in the following manner:
-to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and
usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
-delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment,
reassignment of services, or other methods of compliance or, if these methods are not effective in making the
programs accessible, and
-physical changes to buildings (required to have been made by January 26, 1995), in accordance with the
Department’s title II regulation, 28 C.F.R. §§ 35.150, 35.151, and the ADA Standards for Accessible Design
(Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-
19.6, App. A.
-to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily
accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and
2) ADAAG or UFAS, 28 C.F.R. § 35.151;
-to ensure that communications with applicants, participants, and members of the public with disabilities are
as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28
C.F.R. § 35.160;
-to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 9-
1-1 services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;
-to provide information for interested persons with disabilities concerning the existence and location of the
City’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and
-to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible
entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
In addition, because the City receives financial assistance from the Department of Justice, the Department of
Housing and Urban Development, The Department of Education, and... the City of Somerville is also responsible

4. for adhering to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the implementing regulations,
28 C.F.R. Part 8, 9 and 42, Subpart G.
STATE: 521CMR that ensures that all sidewalk construction efforts do not deny pedestrians and businesses
ongoing access to their commercial interests; in addition, all pedestrians should be granted safe passage at all
times, irregardless of construction efforts; and states that the local officials , such as Building Inspectors, are
responsible to ensure that all new aconstruction and rehabilitiation is in conformationce with this architectural
and communications accessibility code.
950CMR 51.02(6) as amended. 950 CMR § 51.00 implements the federal Voting Accessibility for the Elderly and
Handicapped Act, 42 USC §§ 1973ee to 1973ee-6 (the “Act”), and Amended Article 114 of the Massachusetts
Constitution and applies to all Massachusetts elections. The purpose of 42 USC 42 USC §§ 1973ee to 1973ee-6,
Amended Article 114 of the Massachusetts Constitution and 950 CMR § 51.00 is to promote the fundamental
right to vote by improving access for handicapped and elderly individuals to polling places and the voting
process.
M.G.L. Chapter 151B- Civil Rights laws, overseen by MCAD; and and M.G.L. Chapter 272, Sections 92a and
98, Public Accommodations Law;
City Ordinance: 2 City of Somerville Ordinances as follows: ARTICLE I. IN GENERAL Sec. 2-1. Equal
opportunity policy. It shall be the policy of the city to afford to every person equal access to opportunity,
including without limitation, employment, educational and recreational opportunity. No officer or employee of
the city shall deny to any person access to opportunity as aforementioned.(Code 1963, § 3-8A)
Sec. 2-2. Affirmative action program.
An affirmative action program is hereby established within and for the city government. Said program shall be
located within the human services department and shall be headed by an affirmative action officer who shall be
appointed by the mayor, subject to confirmation of the board of aldermen, and shall be specially suited by
education, training and experience to hold said position. The affirmative action officer shall prepare and submit a
plan to the mayor, and the board of aldermen, which shall outline the steps to be taken to bring the city in
compliance with applicable federal and state law, rules and regulations as they relate to affirmative action hiring.
(Code 1963, § 3-8A)
Cross references: Office of affirmative action, § 2-330.