Webmaster note: The following is a flyer distributed to over 2000 people in Cornwall, Ontario, Canada, and other nearby towns. We congratulate the Air is Precious grass-roots organization for its great effort on behalf of all Canadians that want woodsmoke-free air to breathe.
BREATHE HEALTHY AIR
Air Is Precious. So is every breathe we take.
ALL Canadians deserve the right to breathe healthy air woodsmoke free.
WE all should live without our air being polluted with woodsmoke.
CHILDHOOD asthma rates are soaring. We must protect them.
A quote from Deitrich Bonheffer says it all:
“The test of the morality of a society is what it does for its children”
WE all deserve the right to protect our family from harm caused by woodsmoke emissions. Fine (PM2.5) is a silent killer!
LIVES are being destroyed across Canada daily because of toxic pollution from deadly Woodsmoke emissions (PM2.5). Your family is at risk.
WE all deserve to live in a woodsmoke free community.
WE should not have our property rights violated by wood burners.
LIVING beside a burner makes it difficult to sell your home.
YOU cannot stop toxic woodsmoke from entering your home by closing your windows and doors.
YOU cannot prevent toxic particulate matter from entering deeply into your lungs when you breathe it.
WE must join together across Canada to end toxic Woodsmoke pollution!
If you agree, contact: e-mail airisprecious@gmail.com
Air Is Precious Coalition
975 Brookdale Avenue
P.O. Box 22049
Cornwall, Ontario
K6J 4P5
SEE THESE WEBSITES:
Breathe Healthy Air http://breathehealthyair.blogspot.com/
Canadian Clean Air Alliance http://www.canadiancleanairalliance.ca
Clean Air Revival http://burningissues.org/
Legal:Wood Smoke and the Americans With Disabilities Act
Tuesday, November 10, 2009
Successful ADA Complaint Leads to Permanent Open Burning Ban: Iowa: 1996
On Dec. 24, 1996 a permanent injunction was issued to ban all open burning in the City of Mallard, Iowa as a result of a federal Americans With Disabilities Act (ADA) Title II complaint. U.S. District Court Judge Mark W. Bennett, of the Northern District of Iowa, Central Division, issued the injunction after finding the rights of a 2 year old girl with severe respiratory and cardiac conditions were be violated by the city because of the city's allowance of open burning.
The smoke aggravated the child's condition and posed a threat to her health and therefore presented a physical barrier that did not allow her use of the public parks and streets. This is a precedent setting case of an ADA complaint due to leaf burning. Attorneys may contact Blake Parker, the successful attorney in this case at 515-955-2193 for more information.To date almost 200 ADA Title II complaints have been filed with the U.S. Dept. of the Interior against over 70 municipalities in Illinois and other Midwestern states.
What are ADA rules and regulations? Here is information published in the AARP Newspaper April, 2003 from the "Ask Our Experts" column.
Q. "Public places are required by law to be accessible to disabled people. As a disabled person, where can I lodge a complaint if I encounter a problem?"
A. The U.S. Department of Justice enforces the federal Americans with Disabilities Act (ADA), which requires that public places be accessible to disabled people. The Justice Department accepts written complaints and has specific requirements about the information it needs. To learn more, call the ADA information line at (800) 514-0301 or go to www.usdoj.gov/crt/ada/t3compfm.htm
Under Title III of the ADA, most businesses and service providers-everything from hotels and restaurants to office buildings, hospitals and schools-are considered public accommodations. Title III also permits individuals to enforce their rights in court."
From...http://burningissues.org/car-www/legal/ada.html
On Dec. 24, 1996 a permanent injunction was issued to ban all open burning in the City of Mallard, Iowa as a result of a federal Americans With Disabilities Act (ADA) Title II complaint. U.S. District Court Judge Mark W. Bennett, of the Northern District of Iowa, Central Division, issued the injunction after finding the rights of a 2 year old girl with severe respiratory and cardiac conditions were be violated by the city because of the city's allowance of open burning.
The smoke aggravated the child's condition and posed a threat to her health and therefore presented a physical barrier that did not allow her use of the public parks and streets. This is a precedent setting case of an ADA complaint due to leaf burning. Attorneys may contact Blake Parker, the successful attorney in this case at 515-955-2193 for more information.To date almost 200 ADA Title II complaints have been filed with the U.S. Dept. of the Interior against over 70 municipalities in Illinois and other Midwestern states.
What are ADA rules and regulations? Here is information published in the AARP Newspaper April, 2003 from the "Ask Our Experts" column.
Q. "Public places are required by law to be accessible to disabled people. As a disabled person, where can I lodge a complaint if I encounter a problem?"
A. The U.S. Department of Justice enforces the federal Americans with Disabilities Act (ADA), which requires that public places be accessible to disabled people. The Justice Department accepts written complaints and has specific requirements about the information it needs. To learn more, call the ADA information line at (800) 514-0301 or go to www.usdoj.gov/crt/ada/t3compfm.htm
Under Title III of the ADA, most businesses and service providers-everything from hotels and restaurants to office buildings, hospitals and schools-are considered public accommodations. Title III also permits individuals to enforce their rights in court."
From...http://burningissues.org/car-www/legal/ada.html
Judge prohibits outdoor wood boiler
Judge prohibits outdoor wood boiler in Henrietta Township dispute
by Fredricka Paul | Jackson Citizen Patriot
Friday May 22, 2009, 11:23 PM
A lengthy dispute between Henrietta Township neighbors was resolved this week, resulting in one family not being allowed to use an outdoor wood boiler.
Circuit Court Judge Chad Schmucker ruled that Richard and Julia Cady cannot use the wood boiler, which he believes was a nuisance and health hazard to neighbors.
The Cadys represented themselves in the civil trial in which they were sued by the Jackson County Health Department.
Wood boilers, increasingly popular in rural areas as energy costs rise, transfer heat through water lines from an outside structure to a home for both space and water heating.
The judge also prohibited Cady from incinerating trash, debris and other materials in backyard burn barrels.
Schmucker said the Cadys did not break any laws and that the boiler was properly installed but produces smoke, which can be a nuisance to neighbors.
Richard Soldano, 53, testified he started having headaches in 2003, before Cady built his home, because Cady frequently burned garbage in barrels on his property.
Since then, he's had chest pain and trouble breathing after being outside when the wood boiler is operating.
Soldano's wife has had a chronic cough, and Soldano said he has asthma and a chronic lung condition. Doctors have attributed the conditions to smoke inhalation and warned against the dangers of breathing smoke.
"We are very pleased. It is what we asked the court to do," said Bob Grover, the lawyer for the health department. "I hope it finally resolves problems between neighbors that have been going on for five to six years. I am not optimistic, but hopeful."
— Reporter Danielle Quisenberry contributed to this report.
by Fredricka Paul | Jackson Citizen Patriot
Friday May 22, 2009, 11:23 PM
A lengthy dispute between Henrietta Township neighbors was resolved this week, resulting in one family not being allowed to use an outdoor wood boiler.
Circuit Court Judge Chad Schmucker ruled that Richard and Julia Cady cannot use the wood boiler, which he believes was a nuisance and health hazard to neighbors.
The Cadys represented themselves in the civil trial in which they were sued by the Jackson County Health Department.
Wood boilers, increasingly popular in rural areas as energy costs rise, transfer heat through water lines from an outside structure to a home for both space and water heating.
The judge also prohibited Cady from incinerating trash, debris and other materials in backyard burn barrels.
Schmucker said the Cadys did not break any laws and that the boiler was properly installed but produces smoke, which can be a nuisance to neighbors.
Richard Soldano, 53, testified he started having headaches in 2003, before Cady built his home, because Cady frequently burned garbage in barrels on his property.
Since then, he's had chest pain and trouble breathing after being outside when the wood boiler is operating.
Soldano's wife has had a chronic cough, and Soldano said he has asthma and a chronic lung condition. Doctors have attributed the conditions to smoke inhalation and warned against the dangers of breathing smoke.
"We are very pleased. It is what we asked the court to do," said Bob Grover, the lawyer for the health department. "I hope it finally resolves problems between neighbors that have been going on for five to six years. I am not optimistic, but hopeful."
— Reporter Danielle Quisenberry contributed to this report.
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