Former Recreation Director Scott Colbert is suing the City of Cedartown over what he feels is a case of wrongful termination.

Colbert was recently granted by the U.S. Department of Justice the right to sue the City of Cedartown through a charge filed with the Equal Employment Opportunity Commission.

Colbert’s lawyer, Miles Gammage, said that Colbert filed the lawsuit under the 1990 Americans with Disabilities Act.

Colbert was notified of his right to sue through a letter sent by the Civil Rights Division of the U.S. Department of Justice on Feb. 21.

Gammage stated that an injury Colbert sustained while working as recreation director caused him to not be able to lift heavy objects like sandbags and lawnmowers.

“Scott feels very deeply that he was wronged,” said Gammage. “He feels that the city could have made some accommodations for him.”

Gammage said that in no way does the Justice Department’s ruling on the right to sue assure Colbert that his case is meritorious, but it does allow him the chance to bring his case before a jury.

Gammage estimated the case could be tried within a year in Rome’s Federal Court.

“There are laws against discrimination and Colbert has a disability. The jury may say that the city had sufficient grounds to terminate him … hopefully, terminate him … hopefully, will prevail.”

Attorney Ben Mathis, of the Atlanta firm Freeman, Mathis and Gary, is representing the City of Cedartown in this case.

Mathis reiterated that fact that the right to sue given by the Justice Department was not indicative of the lawsuit’s merit.

“The right to sue notice has no meaning at all. It came as a result of his request and it’s automatically granted. If anything, it is an indication to us that it (the lawsuit) has no merit.”

Colbert, who held the title of recreation director for 19 years, was terminated from his position on May 26, 2005. City commissioners voted unanimously to fire Colbert.

Prior to the firing, Colbert had been placed on probation on Feb. 17, 2005 due to personnel policies that the city alleged he had violated.

The nature of those violations have not yet been revealed to the media by the city.

In June, Colbert met with commissioners to appeal his termination, but the previous ruling was again upheld by a unanimous vote.