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07/07/2020
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CORRESPONDENCE - NON-AGENDA
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City Clerk
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Under the Americans with Disabilities Act ("ADA"), and the Rehabilitation Act of 1973 ("Rehab Act"), and <br />other federal and state laws, I have a right to engage in the same way as others, and the right against <br />discrimination based on my age or medical condition. Additionally, I have the right to reasonable <br />accommodations so that I may participate. Therefore, I am writing to request a reasonable accommodation of <br />participation by phone or video and to request that the City immediately end the discriminatory practice of <br />holding meetings in a way that only allows people without high risk medical conditions to participate. <br />Under the change in rules that the City did without public meeting or comment, the only way I am able to <br />engage in public comment at the public meeting is in writing. There is not even a guarantee that the writing will <br />be read by each Council Member before a vote. This policy blocks my participation due to my status as a person <br />with a disability; it forces me to choose between meaningful engagement under the Brown Act and following <br />medical advice; and it has a discriminatory impact against people like me who need to minimize our risk of <br />exposure to Covid-19. <br />I am writing to request an urgent reasonable accommodation to allow me to participate in public comment at the <br />public meetings in the same way that other people are able to participate. Per medical recommendation, I am <br />carefully engaging in social distancing and limiting myself to public spaces where masks are worn for my own <br />safety due to the global pandemic; COVID-19. Therefore, I request access to engage in public comment in a <br />way that will be safe for me given the medical advice that I take significant precautions to reduce my risk of <br />contracting COVID-19. If the City is not prepared to grant my request today, I am available immediately to <br />begin the interactive process and determine a way that I can have meaningful participation in the City meeting. <br />SENIOR <br />Under the Civil Rights Act of California, Fair Housing and Employment Act, and other federal and state laws, I <br />have a right against discrimination based on my age or medical condition. The City's plan to require in -person <br />public comment discriminates against all people over the age of 65 who have been advised by the CDC to avoid <br />gatherings due to higher risk of death if they contract Covid-19. Therefore, I am writing to request participation <br />by phone or video and to request that the City immediately end the discriminatory practice of holding meetings <br />in a way that only allows people who are both under 65 and without high risk medical conditions to participate. <br />Under the change in rules that the City did without public meeting or comment, the only way I am able to <br />engage in public comment at the public meeting is in writing. There is not even a guarantee that the writing will <br />be read by each Council Member before a vote. This policy blocks my participation due to my status as a person <br />with a disability; it forces me to choose between meaningful engagement under the Brown Act and following <br />medical advice; and it has a discriminatory impact against people like me who need to minimize our risk of <br />exposure to Covid-19. <br />Per medical recommendation, I am carefully engaging in social distancing and limiting myself to public spaces <br />where masks are worn for my own safety due to the global pandemic; COVID-19. Therefore, I request access to <br />engage in public comment in a way that will be safe for me given the medical advice that I take significant <br />precautions to reduce my risk of contracting COVID-19. If the City is not prepared to grant my request today, I <br />am available immediately to discuss a way that I can have meaningful participation in the City meeting and to <br />resolve this discriminatory policy. <br />BROWN ACT <br />Governor Newsom issued Executive Order N-29-20 which states there should be "a local legislative body or <br />state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible <br />telephonically or otherwise electronically to all members of the public seeking to observe and to address the <br />local legislative body ..." While this allows local government to limit comment to telephone or video, it does <br />not allow them to do away with the right to address the local body or to require in person participation during a <br />dangerous pandemic. In fact, it goes on to state that the local body must have a swift plan to resolve request for <br />a reasonable accommodation and advertise the procedure. The City continues to be obligated to both allow <br />public comment, and to ensure that disability accommodation are made as needed. <br />Limiting participation to writing that is not read into the meeting is no different than blocking all participation. <br />When my written comments are left in an unread <br />
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