(1) A Biomass plant affects commerce and provides electricity, a public accomodation.
28 CFR (Code of Federal Regulations)
28 CFR 36.102-36.104
Public Accomodations with Obligations is a facility either privately owned or leased or operated and whose operations affect commerce (by creating and selling electricity) Title III protects individuals with physical health problems that limit major life activities, such as breathing.
I have a friend, Stan Rabtoy, who is a senior citizen and uses an oxygen tank, and he lives on Stoughton Pond Rd., south of Stoughton Pond, which is part of the N. Springfield Recreation Area, and he's about 2 miles north of the proposed Biomass plant.
Section III 4.2100
28 CFR 36.301-36.310
A public accomodation must reasonably modify its policies, practices or procedures to avoid discrimination.
For example, a company says that all reasonably healthy adults can climb the stair case. There is only one person in town who uses a wheel chair. The company must install a wheel chair ramp.
Therefore, if the proposed Biomass plant operator claims that reasonably healthy individuals can breathe polluted air and particulate matter, even if there is only one disabled person using an oxygen
tank who cannot breathe particulate matter even with the oxygen tank, then they must modify the plant design, the carbureator or fuel injector system, to be 75% efficient or better.
If they can not, then they can not build the proposed plant here.
Title III-5.0000 New Construction 28 CFR 36.401; 36.406; Appendix A
All newly constructed places of public accomodation (a biomass plant that sells electricity to the grid)
must be usable by individuals with disabilities.
If a person with a breathing problem with ashtma, or who needs an oxygen tank, will die from the particulate matter, then they can't use the electricity if the making of the electricity kills them.
There is no cost defense to new construction requirements.
Whenever the U.S. Department of Justice has reasonable cause to believe that there is a pattern or practice of discrimination that raises an issue of general public importance, the U.S. DOJ will investigate complaints and conduct compliance reviews; all you have to do is submit a complaint.
Complaints against Winstanley Enterprises for proposing to harm disabled persons with a biomass plant that will sell electricity to the grid and is therefore a public accomodation that falls under the federal ADA, can be sent to:
Office of the Americans with Disabilities Act
Civil Rights Division
United States Department of Justice
PO Box 66738
Washington, D.C. 20035-9998
Under the federal ADA, the State of Vermont is not immune from an action in Federal Court for violations, or conspiracy to commit violations of the ADA.
Title II covers programs, activities and services of public entities. Subtitle A is intended to protect qualified individuals with disabilities from discrimination on the basis of disability in the services and programs or activities of all State and Local Governments.
28 CFR 35.104 (remember, Federal law pre-empts and trumps state laws) The State of Vermont must demand that Winstanley Enterprises modify the design of the proposed Biomass plant so that it is at least 75% efficient, or they must deny all permits for the plant because it is a new construction of a biomass plant that wil sell electricity to the grid, it is therefore a public accomodation, and under Title II the State of Vermont is liable if they do not prohibit the Biomass plant because it will discriminate
against disabled persons because it will kill some of them, some of those with asthma and some of those who use oxygen tanks, and becuase they cannot build the equivalent of a wheel chair ramp,
in the example where if healthy people can climb stairs, the State of Vermont under Title II is still required to demand the facility build a wheel chair ramp for disabled person - so using that example, the State must require the equivalent of a wheel chair ramp, which would be to modify the design
to at least 75% efficiency, and if that can not be done, to provide a reasonable accomodation under the ADA which would be to deny all permits for the proposed plant.
If Adam Winstanley cannot modify the carbureator or fuel injector system of the biomass plant to improve the efficiency to at least 75%, then he should use the property in N. Springfield to start "Winstanley Winery" and buy apples and strawberries and blueberries and organic thyme flowers and organic mint flowers and organic oregano flowers and dandelions and sandy rose hedge rose hips from local gardeners and farmers and create jobs and create a 100% pure Vermont winery of specialty wines and sell them worldwide to tourist resorts and create a substantial business that local residents can contribute to and be proud of.