Filed Date: 2004
Closed Date: 2006
Clearinghouse coding complete
The case involves an appeal to the Supreme Court of Vermont on the issue of whether the Vermont Fair Housing and Public Accommodations Act, 9 V.S.A. §§ 4500-4507 [the Act], applies to state correctional facilities, thereby giving the Human Rights Commission [the Commission] jurisdiction to investigate complaints filed by state prisoners alleging violations of the Act.
In November 2003, the Commission served a subpoena on the Department of Corrections [DOC] in connection with a discrimination charge filed on behalf of a state prisoner who complained that a correctional facility discriminated against him on the basis of his disability. The DOC moved the Commission to quash the subpoena on the theory that the prison was not a "place of public accommodation" under the Act. The Commission denied the request.
The DOC then moved to quash the subpoena in Superior Court. In September 2004, the request was denied following a hearing. The Superior Court issued a stay pending appeal by the DOC.
On appeal, the Vermont Supreme Court affirmed, finding that the Act, viewed in light of its underlying purpose and history, demonstrated that the Legislature intended it to apply to all governmental institutions and that there was no exclusion for prisons.
We have no further information on this matter.
Summary Authors
Dan Dalton (2/17/2007)
Burgess, Brian L. (Vermont)
Dooley, John A. (Vermont)
Johnson, Denise (Vermont)
Appel, Robert (Vermont)
Boldosser, John IV (Vermont)
Burgess, Brian L. (Vermont)
Dooley, John A. (Vermont)
Johnson, Denise (Vermont)
Reiber, Paul L. (Vermont)
Skoglund, Marilyn (Vermont)
Last updated Aug. 30, 2023, 2:28 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Vermont
Case Type(s):
Key Dates
Filing Date: 2004
Closing Date: 2006
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Department of Corrections for the State of Vermont
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Vermont Human Rights Commission, State
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: