Rights panel supports disabled man Vietnam veteran needs to use ATV on pathway to Twin Lakes camp

AUGUSTA – The Maine Human Rights Commission ruled in favor of a Naples, Fla., man Monday in his bid to use an ATV for access to his camp on Twin Lakes in Norcross.

Leon Perrow, a Vietnam veteran in his 60s who grew up in Norcross, near Millinocket, said he was sorry to have to bring the matter to the commission, but he could not reach a resolution with the Twin Lakes Camp Owners Association. The association manages the common areas serving about 80 lots.

Perrow, who used a cane to walk to the podium in the meeting room, said he suffers from Meniere’s disease, an ailment that produces dizziness and nausea as well as ankle and neck problems, arthritis and gout.

Perrow said the association was aware of his disability but wanted to prevent him from using an ATV on a 100-foot-long walking path to bring groceries and other supplies to his camp. He said the association put boulders and a 4-foot-tall post in the path to block his access to it with the ATV.

“I fought my way out of Vietnam, and I didn’t think I had to fight my way into my home,” he said. Perrow said the camp was his boyhood home.

Marion Fowler, a member of the camp association’s board of directors, told the commission that the post and boulders were placed at the side of the path and did not restrict Perrow.

Fowler said the association is constricted by deed covenants that preclude it from accommodating Perrow. Only pedestrian traffic is allowed on the paths, she said.

The association also has agreements with the Montreal, Maine and Atlantic Railway, as well as Katahdin Paper, which restrict the use of ATVs on railroad crossings, she said.

Perrow must cross railroad tracks to get to his camp.

After Perrow and Fowler disagreed about the nature of the restrictions and commissioners asked questions about them, commission investigator Barbara Lelli focused the question on two points – Perrow’s disability and his lack of access to his camp.

Lelli told commissioners she concluded that Perrow was disabled and that he communicated that to the association. Perrow made it clear in a letter to the association that he needed ATV access to his camp because of the disability and the association failed to make a reasonable accommodation, she said.

“They should have known,” Lelli said. “Is it a reasonable thing to have a disabled person use a motorized vehicle?” she asked, even on a path not designed for such use, and concluded it was. She compared the use of the ATV on the walking path to the use of motorized vehicles by disabled people on sidewalks.

In her report to commissioners, Lelli recommended they find that Perrow’s claim had reasonable grounds. The board voted unanimously to find reasonable grounds.

The board also found reasonable grounds to a Bangor man’s claim against the Bangor Housing Authority.

David McGarry sought a voucher from the housing authority to help pay for his rent. McGarry is eligible for federal housing assistance funds, but BHA ruled that by sharing a house rather than renting an apartment, he could not receive a full subsidy.

Carl Kandutsch, an attorney representing McGarry, told the commission that McGarry’s therapist recommended McGarry live with a friend rather than alone. BHA eventually learned that it could request a waiver of federal regulations on McGarry’s behalf, and it secured funding for his housing.

Ed Gould, an attorney representing BHA, said the housing authority was unaware a waiver was available. He also suggested that state law did not apply, since the housing funds came through a federal program.

Kandutsch asked the commission to rule that McGarry be granted funding retroactively, but commissioners agreed with investigator Lelli that it did not need to rule on that matter.

Complaints supported by the commission proceed to conciliation hearings. If that process fails, the complaint continues to Superior Court where a final settlement can include monetary damages.

The commission ruled there were no reasonable grounds in the following claims:

Kenneth Leslie and Karen Doten of Calais, and Helen Brooks of Robbinston vs. Sunrise Opportunities of Machias.

Harris Smart Jr. of Bangor vs. BSP Trans Inc. of New Hampshire.

Theodore Harris of Winterport vs. Nyle Corp. of Brewer.

Samantha McGuire of Bangor vs. McDonald’s (Broadway and Union Street) of Bangor.

Steven Memmelaar of Brewer vs. Fraternal Order of Eagles, Aeire 3177 of Brewer.