On behalf of a disabled resident in the Linton area, the ACLU of Indiana has filed a complaint in the United States District Court, Southern District of Indiana, alleging the City of Linton has deprived the resident of his rights, in violation of the Americans with Disabilities Act and the Rehabilitation Act. The resident wants to go fishing at the Conservation Club, owned by the City, but he’s a paraplegic in a wheelchair and after the City installed locked gates to the property and failed to provide him with a key to the gate so he can drive in, he is unable to access the property while non-disabled people can still access it on foot or bicycle.

The suit was filed on July 28 on behalf of Jarod Lee, a resident of Greene County who lives immediately outside the City of Linton on property located next to the Lee/Sherrard Park, more commonly known as the Conservation Club. Lee is disabled, a paraplegic unable to move his legs. He uses a manual wheelchair to get around.

Lee claims he has frequented the park property for his entire life, sometimes multiple times a week, even after he lost the use of his legs 20 years ago. But earlier this year, the City of Linton installed locked gates preventing access to vehicle traffic. While people without disabilities are still able to visit the park on foot or bicycle, the gates prohibit Lee from access.

Lee has allegedly approached the City to request an accommodation for his disability but says he was informed no accommodation will be offered.

The suit alleges the City’s installation of the locked gates, without offering a reasonable accommodation for Lee’s disability, violates Title II of the Americans with Disabilities Act of 1990 as well as the Rehabilitation Act of 1973.

The Lee/Sherrard Park, aka Conservation Club, is a 660-acre public park owned and operated by the City of Linton. It is open year-round featuring hiking and biking trails, small lakes and waterways, wilderness areas and a monument that dates to 1930 commemorating the population center of the United States at that time. Visitors use the park for hiking, for mountain biking, fishing, relaxing and enjoying nature. Restrooms are available.

The complaint document filed by the American Civil Liberties Union (ACLU) of Indiana was filed by ACLU of Indiana Senior Staff Attorney Gavin M. Rose and Staff Attorney Stevie J. Pactor.

According to the complaint, “The Park’s only point of entry is a gravel road off of County Road 1100 West (also known as Park Road). That gravel road travels east for approximately 100 yards before the road ‘forks’ in two directions. After the ‘fork,’ the gravel road forms a large loop such that an individual who takes the south ‘fork’ is able to travel all the way around the loop and return to the same location at the north ‘fork.’ This loop contains numerous ‘turn-offs’ where a vehicle may be parked, many of which are immediately adjacent to the Park’s small lakes or other areas to sit and relax.

“Virtually all of the Park exists beyond the ‘fork’ in the gravel road: All of the trails and all of the access points to the small lakes and other waterways in the Park exist beyond the ‘fork.’

“Mr. Lee is a lifelong resident of the City who has visited the Park regularly since he was a very young child. Throughout his life, he has particularly enjoyed sitting alongside the small lakes of the Park and fishing, relaxing, or simply experiencing nature. He continued to enjoy these activities for the past 20 years, even after he became disabled and non-ambulatory.

“Mr. Lee was able to continue enjoying these activities even after he became disabled and non-ambulatory because he was able to drive beyond the ‘fork’ in the gravel road of the Park and to park immediately adjacent to one of the small lakes in one of the turnoffs from the road. By doing so, he was able to fish, relax, and experience nature in the same manner as he had been able to since his childhood.

“During the spring, summer, and autumn, Mr. Lee would typically visit the Park at least once a week, and often more frequently.

“Mr. Lee’s ability to enjoy the Park ended abruptly in the spring of 2020, however, when the City installed locked gates on both ‘forks’ in the road.

“As a practical matter, this alteration prevents non-authorized vehicular traffic from accessing virtually all of the Park including the areas where Mr. Lee has fished, relaxed, and experienced nature since his childhood. According to a public statement from the City’s mayor, the City was advised to install these locked gates by its insurance company ‘to close off the property for public safety reasons.’ The portion of the Park beyond the newly installed gates, however, remains open to pedestrians, hikers, runners and bicyclists – in other words, it remains open to persons without disabilities.

“Following the City’s installation of locked gates, Mr. Lee contacted an official with the City to inquire as to whether he could make arrangements either to obtain a copy of a key to the locked gate or to borrow the key on days that he wished to visit the Park. The City refused to make either arrangement and made no other accommodation for Mr. Lee’s disability.”

The suit alleges the City has provided a key to the locked gates to other individuals or groups and that Lee has observed an archery group unlock the gate in order to host a group activity at the Park.

The complaint asserts:

That the City’s installation of locked gates on both “forks” without making arrangements to allow Lee to access the Park constitutes a failure to reasonably accommodate his disability.
That Lee’s disability may be accommodated without effecting a fundamental alteration in the Park.
That the City receives federal funding and is subject to the requirements of the Rehabilitation Act of 1973.
That the installation of the gates and failure to make arrangements for Lee’s access is a violation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

The court is being asked to declare the City of Linton has violated and continues to violate Lee’s rights and to issue a preliminary injunction, later to be made permanent, requiring the City to permit Lee to have full access to the Park and to reasonably accommodate his disability.

They’re also asking the court to award Lee the amount of his costs and attorney’s fees and all other proper relief.