HomeMy WebLinkAbout2026-05-12 Appellant's Letter to Chair regarding ADA Accommodations (PL-BOA-2025-000119 & 121)
From: Claudia Rohr <crohr4@gmail.com>
Sent: Tuesday, May 12, 2026 2:56 PM
To: Planning Board of Appeals
Subject: For Chair Cathy Lewis ADA requests
Attachments: 2026-5-12 Letter to Chair re ADA.pdf
Follow Up Flag: Follow up
Flag Status: Completed
Please forward this letter to Chair Cathy Lewis and not the other parties.
Thankyou.
Claudia Rohr
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Claudia Rohr
369 Nene St.
Hilo, HI 96720
crohr44gmaiLcom
May 11, 2026
Chair Cathy Lewis,
of the Board of Appeals,
of the County of Hawaii
Dear Madam Chair, Re: ADA Accommodations for Cases Nos.
PL-BOA-2025-000191 and 121
On May 6, 2026, the Board staff acknowledged Landowner, Mr. Standke's
email, filed by staff in the Board packet as a "Brief," addressing standing. It was
inflammatory—claiming: "Rohr has harassed me every chance she gets. The reason
one needs standing is to prevent harassment. If the Board agrees that Rohr has no
standing, the appeals get dismissed and all her arguments are moot."
Today around noon the Board's staff acknowledged Deputy Corp. Counsel
Jean Campbell's May S, 2026 Motion to Dismiss in Claudia Rohr v. Planning
Director, PL-BOA-2025-0000119 based on standing and asserting: "Standing
requirements ensure that the legal system is not weaponized to delay legitimate
property improvements." This is also an inflammatory statement intended to sway
the board members.
Moreover, at noon the Board staff acknowledged Corp. Counsel Sinclair
SalasFerguson's May 11, 2026 Motion to Dismiss in Claudia Rohr v. Director of
Public Works, PL-BOA-2025-0000119 based on standing.
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I have not heard any clarification from you on whether you intend to
entertain the Motions to Dismiss and on what basis?
I am requesting the following accommodations for my hearing impairment
and for my diabetes, disabilities under Title II ADA and Title II regulations.
(1) Please spell out your procedural plan for Friday's meeting in writing today
or shortly thereafter so I can have a strategy prepared, because of my
hearing disability. Are you entertaining the Motions to Dismiss? What
rules and legal standards would be used?
(2) I am asking for a meaningful opportunity to respond to the Motions to
Dismiss in written format (my preferred form of communication) as the
Appellees have had for themselves. Even Hawaii Rules of Civil Procedure
(HRCP) Rule 6(d) would provide:
(d) For motions; affidavits. A written motion, other than one that
may be heard ex parte, and notice of the hearing thereof, shall be
served not less than 18 days before the date fixed for the
hearing, unless a different period is fixed by these rules or by
order of the court.
(3) I am asking that you continue the May 15, 2026 hearing to give me a
meaningful opportunity to respond in writing as my choice of effective
communication. This is obviously required by due process caused by the
Appellees own actions.
(4) I am asking that you continue the May 15th hearing to recover from the
stress of the late Brief, and two late Motions to Dismiss without
reasonable time to respond to accommodate my diabetes, and my need for
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more self-care, medication, and no missed meals for blood sugar control
under the strain of not having enough time to prepare for Friday's
hearing.
I am not a lawyer but I believe these sections of Title II apply to this
situation, in my opinion. Under Title II regulations, 28 C.F.R. § 35.130 General
prohibitions against discrimination:
(a)No qualified individual with a disability shall, on the basis of disability, be
excluded from participation in or be denied the benefits of the services, programs,
or activities of a public entity, or be subjected to discrimination by any public
entity.
(b)
(1) A public entity, in providing any aid, benefit, or service, may not,
directly or through contractual, licensing, or other arrangements, on the
basis of disability
(ii) Afford a qualified individual with a disability an opportunity to
participate in or benefit from the aid,benefit, or service that is not
equal to that afforded others;
(iii) Provide a qualified individual with a disability with an aid,
benefit, or service that is not as effective in affording equal
opportunity to obtain the same result, to gain the same benefit, or
to reach the same level of achievement as that provided to others;
(v)Aid or perpetuate discrimination against a qualified individual
with a disability by providing significant assistance to an agency,
organization, or person that discriminates on the basis of disability
in providing any aid, benefit, or service to beneficiaries of the
public entity's program;
(vii) Otherwise limit a qualified individual with a disability in the
enjoyment of any right, privilege, advantage, or opportunity
enjoyed by others receiving the aid, benefit, or service.
Under Title ii regulations, 28 C.F.R. § 35.160 General.
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(a)
(1)A public entity shall take appropriate steps to ensure that communications
with applicants, participants, members of the public, and companions with
disabilities are as effective as communications with others.
(b)
(1) A public entity shall furnish appropriate auxiliary aids and services where
necessary to afford individuals with disabilities, including applicants,participants,
companions, and members of the public, an equal opportunity to participate in,
and enjoy the benefits of, a service, program, or activity of a public entity.
(2) The type of auxiliary aid or service necessary to ensure effective
communication will vary in accordance with the method of communication used
by the individual; the nature, length, and complexity of the communication
involved; and the context in which the communication is taking place. in
determining what types of auxiliary aids and services are necessary, a piLblic
entity shall give primary consideration to the requests of individuals with
disabilities. In order to be effective, auxiliary aids and services must be provided
in accessible formats, in a timely manner, and in such a way as to protect the
privacy and independence of the individual with a disability.
Thank you for your time and consideration.
Respectfully,
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