SOUTH BEND — For the fifth time, a joint motion to continue the case, until approximately Nov. 6, has been granted in the case of Kathleen Meeker and Kosciusko County Community Fair Inc. Both parties are attempting to resolve the issues. The request was granted on Sept. 9 with further response on or before Nov. 9 of any further proceedings.
The case has been filed in United States District Court, Northern District of Indiana, South Bend Division.
The original matter was filed Sept. 23, 2014. Meeker alleged the fair was in violation of Title II of the American with Disabilities Ace and its implementing regulations in regards to the Kosciusko County Fair Inc.
According to the fifth joint motion to continue the stay, the parties have previously requested and received stays of this matter to try to resolve the case. At the current time the stay was set to expire Sept. 8.
The motion, filed Sept. 8, notes the fair was held July 12-18 and prior to the fair, the defendants made a number of changes to the fairgrounds so it was more accessible to persons with disabilities and it anticipated further changes, as funding allows, prior to the 2016 fair and into the future.
Kenneth Falk, ACLU of Indiana, who is representing Meeker, states the parties want to discuss and formalize the anticipated and hoped-for changes, thus requesting the additional 60 days in an attempt to ascertain what further changes can and need to be made in order to assure accessibility.
Falk stated he and his client agree to the extension with the understanding that Meeker and her attorney can meet with the full board of directors of the Kosciusko County Fair and separately with committee superintendents of the Kosciusko County Fair and with the Kosciusko County 4-H Board, as well as someone from the central office of 4-H, so necessary changes can be discussed.
Scott Reust, attorney for the Kosciusko County Community Fair Inc., is to establish dates and times for the meeting.