Bristol’s downtown marina was designed and built with accessibility in mind, including its ramps, piers, and onshore facilities. But the town was recently informed that an Americans with Disabilities Act (ADA) complaint had been filed with the U.S. Department of Justice over accessibility at the facility.

The complaint has since been shelved and is not going forward, but for the complainant, George Burman of Bristol, the concerns that prompted the filing remain.

Burman runs The 2nd Wind Foundation, a non-profit whose mission is to bring our rich coastal resources to the lives of the mobility impaired and people of all ages impacted by neurological disorders. The foundation has a fleet of three boats, all privately owned by various members of the board, available to book for outings led by skippers who are Coast Guard certified to carry up to six passengers.

In order to best serve his intended clientele, Burman would like to install a lift capable of transferring a wheelchair-bound passenger from the dock to a boat, and he says he is prepared to purchase the appropriate equipment. However, the foundation does not currently have a slip at the marina — and there are more than 160 boat owners on the waiting list.

Seeking access to a slip for the foundation, Burman made that request of the Harbor Commission, for which he serves on the Advisory Board. The minutes of that Nov. 4 meeting note that Burman was offered the use of a transient slip, but in an email to fellow board members that was copied to several town employees, Burman corrected that record, writing, (the notes) “mention that the subcommittee offered use of a ‘transient’ slip, however this is not at all what was requested. A transient slip is what is usually offered and occupied by tourists or visitors on the Dockwa app and as twenty-five year residents of Bristol we, and our foundation is (sic) not an outsider or tourist. Our request was for a permanent slip for use by the Foundation in service of ADA Bristol clientele.”

Reached for comment, Burman stressed that he was speaking for the foundation, and not as a member of the Harbor Commission Advisory Board. In that capacity, he questions the number of transient slips, which were allocated with the goal of bringing enough revenue in so that non-boating taxpayers are not footing the bill for a recreational facility they do not use, a goal that, to date, has been met.

He noted that the plan in 2012 was to put in 82 new slips, 20 of which were meant to be transient. “That probably suited the moment, but it is no longer appropriate,” said Burman, who pointed out that the slip wait list was 110 in 2019 and is 162 today.

“When I helped authorize the funding for the new Maritime Center as a member of the Bristol Economic Agency several years ago, this facility was proposed for the use and enjoyment of the residents of Bristol, and was not financed for the benefit of transients or tourists. In addition, the Maritime Center is deficient in facilities allowing the ADA population to make use of the docks, which was the purpose of the 2nd Wind Foundation’s request and not to provide docking for transients,” Burman said.

“I’m not looking to jump the list, but if I can’t have a slip for the whole season, I can’t install a transfer lift … I’m not looking for a gift, I want to contribute to an ADA slip.

“It’s no good if it is not for the whole season, and we can’t afford to pay transient rates. We could do it a few times a summer, but not all season.”

Burman proposed the following correction to the minutes: “As was pointed out at the Nov. 4, 2024, meeting, the Foundation would be happy to make use of the transient dock for the full 2025 season at the regular rate for seasonal dockage, and would install appropriate equipment for this purpose, but not if the slip was only available on an interim basis for weekends or temporarily.”

According to Town Solicitor Andy Teitz, the Town will be looking into providing an accessibility mechanism adjacent to the transient slips, but it’s unclear if that arrangement would suit the needs of the 2nd Wind Foundation.

“If the town is paying for the transfer equipment, here is the minimum type of equipment that they should be looking at for public use,” wrote Burman, referencing equipment available at Handicaptain.com. “If the Foundation is footing the bill for this, we would need at least a permanent seasonal docking arrangement that we can rely on at any time due to the uncertainties of weather.”

Unable to reach consensus through the Harbor Commission, Burman is taking his request to the Bristol Town Council, and his hope is to get on the agenda for their December meeting.