Protesters battling to save Whitcliffe Mount Sports Centre will use the Equality Act to try to save it from being bulldozed.
Lawyers have advised opponents of the proposed closure of the Cleckheaton centre not to proceed with a judicial review saying it could result in the payment of substantial costs if unsuccessful.
So they will use the Equality Act instead, arguing the council has not provided adequate sports provision elsewhere for disabled people.
Earlier this month the Examiner reported that the leisure centre will close to the public for the final time on May 20.
Demolition crews will then move and clear the site in preparation for a new school to be built.
READ MORE: Closure date set for Whitcliffe Mount Sports Centre
READ MORE: Whitcliffe Mount Sports Centre WILL be demolished after councillors stick with original decision
This will mean there is no provision in the borough for indoor bowling after Kirklees Council declined to provide the facility at the new Huddersfield Leisure Centre last year.
Take a trip down the Leisure Centre's water slide below
The protesters are being led by disabled man Ken Shaw.
In a statement they said: “Kenneth Shaw and other disabled users of Whitcliffe Mount Sports Centre are challenging the legality of the decision of the Cabinet of Kirklees Council to close Whitcliffe Mount Sports Centre, which will lead to the closure of a unique facility which is used by the disabled within the Kirklees area.
“In response to Mr Shaw’s legal challenge, Kirklees Council have suggested that the newly built Huddersfield Leisure Centre is a suitable alternative, although the closest disabled parking space there is 60 metres from the entrance. Mr Shaw has, through his solicitors, pointed out that this is hardly a suitable provision.
“Kirklees Council is under a statutory duty to make reasonable adjustments for disabled service users. Mr Shaw has now requested that a reasonable adjustment (which the council has a legal duty to make) would be for the council to keep Whitcliffe Mount Sports Centre open, at least until adequate alternative facilities for disabled users are made by the council.
“If necessary, Mr Shaw expects that he and other disabled facility users will not hesitate to take legal action to challenge the council’s decision and failure to comply with its duties, if needs be in the courts.”
In a letter to Kirklees Mr Shaw’s solicitors, Ramsdens from Huddersfield, state: “The closure of WMSC will have a substantially greater and unlawful discriminatory effect on our client and other disabled persons to the extent that he and they will be left without any suitable council service of the sort which is provided to persons who are not disabled.
“This issue is not going to go away and if the provision of services for our client and other disabled uses is not properly addressed by the council then county court proceedings under the Equality Act 2010 will be commenced.”
