LAKE PLACID — A coalition of mobility-impaired veterans is suing for floatplane access to Adirondack lakes and ponds.
Six veterans filed suit against the Adirondack Park Agency and the Department of Environmental Conservation, claiming the regulation that restricts access to wilderness, primitive and canoe areas discriminates against people who can't walk or paddle in.
LIMITED EXCEPTIONS
The State Land Master Plan lays out circumstances for aircraft and motorized vehicles.
"Public use of motor vehicles, motorized equipment and aircraft will be prohibited," it says, excluding supervised use for maintenance, emergencies and other special circumstances.
But provision for disabled access is not among them.
'IT'S NOT FAIR'
Leading the legal challenge, U.S. Navy veteran and former Warrensburg Town Supervisor Maynard Baker hearkens the case back 37 years to lakes and ponds that were once open for water landing.
"Back in 1972 — and I have the list of all the 40 big remote lakes that were open to everybody — APA said no more access for seaplanes. The able-bodied can still go in and enjoy these lakes. They took away the only means the mobility-impaired people had to get into those lakes. That's where I come up with discrimination," Baker said Tuesday.
"We've got mobility-impaired vets coming home from the war now that like to hunt and fish. There should not be a square inch of land anywhere in the United States that's off limits to these people. It's not fair to take their rights away from that land. I'm trying to get those rights back."
VIOLATION CLAIMED
The federal case was filed Monday in Northern District Court by Maynard's attorney, Matthew D. Norfolk of Briggs Norfolk in Lake Placid.
In a statement, Norfolk charged the APA and DEC with giving able-bodied users of the Adirondack Park priority over the disabled.
"Prohibition of float planes and other aircraft from remote lakes that were once accessed by aircraft violates the supremacy clause of the United States Constitution as it regulates and restricts aircraft operations and aircraft noise, which are under the exclusive control of the Federal Aviation Administration."
NO WILDERNESS SOLITUDE
Norfolk said DEC and the APA allow use of helicopters and floatplanes to move scientists and their goods and to transport propane tanks, signage and equipment in and out of ranger stations and back-country properties, such as John's Brook Lodge.
"For us to use float planes to bring disabled people in and out isn't going to make a big difference as to what they are already doing.
"Floatplanes land with engines turned down and leave a 1- to 2-inch wake. Ninety seconds of noise, and they're gone. Have we ruined it for the kayaker?
"They're putting priority for the able-bodied over the disabled. Compare that to the tent city in the High Peaks wilderness. You can't even go to sleep at night. All you hear are people giggling, talking, laughing. It's not a wilderness solitude experience."
EVERY LAKE
The veterans group is not isolating particular lakes in its claim, though a long-wrangled decision to sunset floatplane access to Lows Lake in 2011 moved through APA this year.
DEC sought to sustain air access to the lake, which has several private camp properties neighboring state land.
But the veterans see the issue as much larger.
"We want every lake in the Adirondack Park wilderness, primitive or canoe area accessible by floatplane," Norfolk said.
The litigation names DEC and Commissioner Pete Grannis, the APA and Chairman Curt Stiles, Gov. David A. Paterson and the state of New York.
NO COMMENT
APA spokesman Keith McKeever said Tuesday morning the agency had not been served with papers and reserved comment at this time.
Lori Severino, DEC spokeswoman, also declined to comment, citing pending litigation.
VETERANS UNITED
Court documents charge "that because of the debilitating effects of physical disabilities," five of six plaintiffs, Maynard Baker, Douglas K. Irish, Mark Schumaker, Ronald W. Dixon Sr., and Richard Kenny, "are and have been physically unable to visit and enjoy many areas within the Adirondack Park solely by means of their own ambulation."
Baker is acting as spokesman for the group, which includes veterans from wars in Iraq and Vietnam and two pilots.
"All the veterans going with me on this," Baker said. "We're on the same page."
The case further alleges that the aircraft have no significant adverse impact to air quality, water quality, soil quality, wildlife quality or waterways.
Norfolk said his clients are not seeking monetary damages in the lawsuit, only reimbursement of court-related and legal costs if the case is successful.
E-mail Kim Smith Dedam at: kdedam@pressrepublican.com
Obama Scraps Birth Control Mandate
US Airmen's Killer Sentenced to Life in Germany
Navy Names Ship for Gabrielle Giffords
Raw Video: Deadly Blasts in Syria
Romney Slams President Obama at CPAC
Gingrich: Pres. Obama 'waging War on Religion'
5 Killed in Wrong-way Crash on I-10 in La.
Uzbek Man Pleads Guilty in Plot to Kill Obama
Denver's Largest-Ever Drug Bust Nets Dozens
Marines: No Punishment for Nazi-like Flag
Vets Look to Translate Military Skills Into Jobs
Raw Video: School Bus Burst Into Flames
LA School Reopens Amid Sex Abuse Scandal
$25B Settlement Reached Over Foreclosure Abuses
Pentagon: Allow Women Closer to Front Lines
LA School in Sex Abuse Scandal Reopens
Raw Video: Italy's Mount Etna Bursts Into Life
Greeks March; Angry Despite Debt Deal
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
