can local ordinence deprive an aid for a disibility in private home.

[sparkymarjon]

What is the name of your state? new jersey I have a blood disorder that causes blood clot's, it inhibit's my circulation, causes skin ulcer's and open wound's often happen, legs are disfigured from it. I've had this for over 20 years and it's taken it's toll on me and has come to a point where my heart has become enlarged from my poor circulation and lack of excercise. I had discussed this with my doctor and he suggested swimming as a form of excercise and also to aid in my circulation.most other forms of excercise is to stressful to my legs and can lead to more serious problems{ I should mention I have 3 children that also suffer from this but not as severe yet since time hasn't taken it's toll on them however one has been hospitalize with blood clot's on several occasion's, she and I also need to walk with the aid of surgical stocking's and we both are on blood thinner's, the other 2 are much yunger but by the time they reach their teen's thinners will most likly be step 1}we thought about hot tubs but that's not excercise and hot tubs can actually lead to infections because of the water temp. he also suggest no public pools. so I applied for a pool permit, however I was told I could not have one because town zoning law set backs are 20 feet and I only have 8.64 feet. I feel that this denies me the right to an aid for a disablity to enjoya quality of life as my neighbors can. the town has a public lake but it's not set up for any kind of people with disability. I have tried to convey this to zoning but they said no. one of the reason's they said was someone might jump over the fence to get in and I said our own town lake is fully open without any barriers and someone could jump into that, they said that would be trespassing and I said so would be jumping over my fence any input's would be appreciated

 

[CdwJava]

I suspect your first response should be to appeal the decision of whatever board or bureaucrat denied the request. I imagine there is a process to request a variance be issued essentially granting an exception to the local ordinance. You might have to go before the full city council or a planning board, but there is almost certainly a method to allow you to request an exception.

If that fails, you may well be out of luck. A reasonable ordinance is not likely to be trumped by your desires - even if it is for a medical reason. You might consider consulting an attorney to see if your state or locale allows for a medical necessity exemption of some kind that overrides local codes, but I seriously doubt that any such law exists.

- Carl

 

[Some Random Guy]

I agree that the first step would be to appeal their decision.

However, there is noting in the local ordinance that is depriving you of an aid for your disability. There is nothing about that ordinance that prevents you from moving to a different home with a pool or a larger yard or purchasing one of those mini "endless" pools that use pumps to keep a constant flow of water.

Because the ordinance is not directly opposed to your medical treatment and since swimming was only a suggestion of a good exercise, rather than a 100% necessity for your care, I don't see how you can claim any ADA type of exception.

Rely on their sympathy and see if there is a different pool you can get that will give more than an 8.64 foot setback

 

[sparkymarjon]

thanks for your input however

ada law does state that any public entities including offices representing the local gov. must change their policies as to not deny any aid to a person with a disibility as to ensure the same quality of life as the next person. since swimming in a public pool can cause infection's, not to mention our public facility is not even in complience with ada laws. also according to the department of health and human services swimming is an aid to circulation of vascular disease highly recomended by doctor's, also the sergon general has just posted the importance of not denying any aid to people of a disibility. the importance of this activity is vital to a longer and healthier life. would you deny pure oxygen to someone in their home because it can be highly explosive.. as far as relocating, that would pose a hardship in many ways, fiancialy as well as emotionally, my family and I were victims of a herricane and took us years to find this stability, to move my children again would be horrifying to them.the smaller excercise pool that you mentioned was discussed however my pool rep. stated not smaller than my pool in question and even a lap pool would still need varience an board said no to that, also this is not just for me but my children have same problem... bottom line this is the only aid feasable and its being denied because of a local policy in which the federal ada law states local policy can not deny aid for disibility, and it is a necessity without this I am sure to lose my leg from the blood pooling at the bottom and I have a chance of stroke or heart attack since there is no alternitive excersice. my heart has already increased in size from this problem.

 

[CdwJava]

The law effectively states that they must make REASONABLE accomodations. It does NOT mean that they have to toss out laws that might otherwise have a reasonable foundation in law. Depending on the reason for the ordinance, it could well be that the reason for the ordinance is at least as compelling as your argument for a waiver. If the ordinance is solely for aesthetic purposes, you might likely prevail. But if there are health or safety reasons behind it, then you likely will not.

Before you fork out for an attorney, though, I would recommend you pursue the waiver process to try and get the exemption to allow you to install a small pool. Perhaps if you were to install an above-ground pool rather than a built-in it might be more acceptable as then it could be removed when/if new owners ever occupy the property.

Additionally, on a cursory search of ADA law (and I am not an attorney) I find a lot of discussion of accessability, but nothing to indicate that the state, city or county has to change a zoning law to accomodate a disability. So, if you do not get a waiver, you might consider consulting an ADA attorney, but be prepared to pay a lot of money for his services if you do not prevail.

- Carl

 

[tranquility]

I don't see Carl wander out too far from police issues, but when he does, he's spot on. I talked to a couple of people today on this issue (but a little different facts), paid hundreds of dollars and got the same answer.

You're not going to have the "right" to do what you want--even if it's what you need. People will understand your situation and will often bend the rules if you make a reasonable argument. Lawyers are not going to get you anywhere unless they are good at making reasonable arguments.