Not every law written is constitutional. If the Town of Lincoln is
unwilling to address its ongoing discrimination and overt civil rights
violations, then we as residents must force the issues. The AG and the
Disability Law Center in Boston can help:
Office of the Attorney General of Massachusetts:
https://www.mass.gov/how-to/file-a-consumer-complaint
Disability Law Center:
https://www.dlc-ma.org/ask-for-help/
US Department of Justice
https://civilrights.justice.gov/report/
Sara Kooima
North Commons
On Fri, Dec 1, 2023 at 4:27 PM Adam M Hogue wrote:
> I also personally feel my rights are being violated under the equal rights
> law in MA. We have a bunch of lawyers in town maybe we can sue Lincoln and
> bring change and name the town administrators and town board.
>
> *Adam M Hogue*
> *Cell: **(978) 828-6184 <(978)%20828-6184>*
>
> On Dec 1, 2023, at 4:18 PM, Sarah Liepert
> wrote:
>
>
> Dear LT,
>
> Please scroll down to see the reply of Town Administrator Tim Higgins,
> which I am sharing per his request. He includes the opinion of Town Counsel
> regarding the matter.
>
> Above it, you will see my response to Jane Marie, advising her of Mr.
> Higgins's response.
>
> Importantly, the Massachusetts AGO (Attorney General's Office) is not in
> agreement with the opinion of the Town of Lincoln's Town Counsel.
>
> You may contact Bethany Brown, ADA Coordinator at the Massachusetts
> Attorney General's Office, at 781-429-9286. You may also document your
> concerns with her. She is copied on this email as well.
>
> All best,
>
> Sarah Liepert
> Trapelo Rd.
>
> --
> *From:* Sarah Liepert
> *Sent:* Friday, December 1, 2023 10:57 AM
> *To:* Jane Marie ; bethany.h.br...@mass.gov <
> bethany.h.br...@mass.gov>
> *Cc:* Pereira, Dan ; Hutchinson, Jim <
> jhutchinsonsel...@lincolntown.org>; Cannon Holden, Sarah <
> sarahcannonhol...@gmail.com>; Higgins, Timothy S. <
> higgi...@lincolntown.org>
> *Subject:* Re: Your request for Reasonable Accommodation at Special Town
> Meeting Re: [LincolnTalk] Voting on Saturday
>
> Dear Jane Marie,
>
> Please get in touch with Bethany Brown, ADA Coordinator at the
> Massachusetts Attorney General’s Office as soon as possible. Her cell is
> 781-429-9286. She is copied on this email.
>
> Importantly, the Massachusetts AGO (Attorney General’s Office) is not in
> agreement with the Lincoln Town Counsel’s advisory opinion.
>
> You may document your concerns regarding ADA Reasonable Accommodations
> with Bethany Brown.
>
> All the best,
>
> Sarah Liepert
> Trapelo Rd., Lincoln
>
> On Dec 1, 2023, at 10:37 AM, Higgins, Timothy S.
> wrote:
>
>
>
> Hello Sarah and Jane Marie
>
>
>
> The Town’s preparations for Town Meeting include a whole host of
> accommodation measures. Remote voting is not one of them as Town Counsel
> has advised us that remote voting is precluded by State Law. Below please
> find her formal opinion. We are, however, live streaming the meeting so
> that folks at home will be able to observe and listen. The instructions
> for tuning in are included on the Town’s website.
>
>
>
> Thank you for your question.
>
>
>
> Tim Higgins
>
>
>
>
>
> *Timothy S. Higgins*
>
> Town Administrator
>
> Town of Lincoln
>
> 16 Lincoln Road
>
> Lincoln, MA 01773
>
>
>
> higgi...@lincolntown.org
>
> 781 259 -2601
>
>
>
>
>
>
>
>
>
> Tim, this is to follow up on my initial response to you concerning
> reasonable accommodations at town meetings. We understand that the
> Massachusetts Office on Disability has taken the position that remote
> participation in a town meeting is a reasonable accommodation for a person
> who cannot attend. In our opinion, allowing remote participation in an
> open town meeting is specifically prohibited by law and would fundamentally
> change both the nature and the conduct of a town meeting.
>
>
>
> As you are likely already aware, the Americans with Disabilities Act
> (“ADA”) requires public entities to make “reasonable modifications” to
> their procedures to accommodate persons with disabilities. What is
> “reasonable” is fact-specific and depends upon the nature of the program
> and the accommodation being sought. However, any change that would result
> in a “fundamental alteration” to the program or service is not required. A
> fundamental alteration is one that results in a change in the essential
> nature of the service or program. Likewise, a requested accommodation is
> not required if it would result in undue financial and administrative
> burdens.
>
>
&g
