JUN 4, 1996 The Honorable Craig Thomas United States Senator 2632 Foothill Boulevard, Suite 101 Rock Springs, Wyoming 82901 Dear Senator Thomas: I am responding to your letter on behalf of your constituents, XX and XX , regarding the Americans with Disabilities Act (ADA). Please excuse the delay in responding. Your constituents' correspondence alleges that the rules of the subdivision in which they live prohibit snowplowing in the winter. Your constituents argue that this rule may inhibit individuals with disabilities from visiting them at their homes. Title II of the ADA prohibits discrimination on the basis of disability by State and local government entities. Title III of the ADA prohibits discrimination on the basis of disability by places of public accommodation, which are, by definition, nonresidential. The Fair Housing Act prohibits discrimination on the basis of disability in residential facilities. It is not clear from your constituents' correspondence which, if any, of these provisions covers the Hoback Ranches Board of Directors. Under the ADA, the local government may not deny services to individuals on the basis of disability, if it makes those services available to other citizens. Generally, however, it is not required to provide special programs or services for individuals with disabilities if it does not provide such programs or services for individuals without disabilities. The rule against snowplowing that your constituents complain of does not appear to discriminate on the basis of disability because the rule affects both people with disabilities and people without disabilities equally. 01-04280 - 2 - I hope this information is helpful to you in responding to your constituents. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division 01-04281 March 4, 1996 Hoback Ranches Board Of Directors P.O. Box 33 Bondurant, Wy 82922 Directors, We are writing in regards to the newly adopted rules of no snowplowing in Hoback Ranches Subdivision. These rules were adopted without the knowledge or consent of the residents of Hoback Ranches, along with the general public which they affect. We know of hundreds of people that feel as strongly opposed to this action as we do. When we purchased our property there were no restrictions of this nature in our deed or in the covenants. By attempting to stop snow plowing, which is a way of life in Wyoming, you are denying us and the general public our constitutional rights. First of all our equity is being stagnated. This by people who are not year round residents. Second, we are registered Sublette County voters and taxpayers. We are being denied some of these services, that we pay for, during the winter season. One of the reasons given for the new rules was because of safety. How safe is it when we are denied medical, fire and sheriff personnel? How safe is it when our vehicles, snowmobiles and trailers have to be parked out on the highway? Not too safe since there have been break ins and thefts. If you think your home is safer in the winter, then we suggest you think again. Snowmobilers with sleds can empty out a house and depart in many directions and never be tracked. Third, we have friends and family that are disabled and would be unable to visit us unless the road was plowed. We find this to be discriminating and we feel against the American Disabilities Act. This is a public road to be used by the public. These legal rights are being denied by you, the same biased Board of Directors, who in December of 1995, illegally closed and padlocked a gate across this public road. In a meeting called by the Civil Attorney of Sublette County in regards to the locking of the gate, this same biased Board of Directors denied the other residents, whom you are suppose to be representing on their behalf, their legal rights to equal time to state their cause. When finally given a chance to speak they were unprofessionally interrupted and at one point were called liars. We do not feel this biased Board of Directors has the right to continue to take away our constitutional rights. Respectfully, XX Certified Copies to: Governor James Geringer - State Capitol - Cheyenne, Wyoming U.S. Senator Craig Thomas - Hart Building - Washington, D.C. U.S. Representative Barbara Cubin - Longworth House - Washington, D.C. Senator Grant Larson - Jackson, Wyoming Representative Louis Tomassi - Big Piney, Wyoming Sublette County Sheriff Office - Pinedale, Wyoming Wyoming Health Care - Hathaway Building - Cheyenne, Wyoming B.L.M. Resource Area Pinedale - Pinedale, Wyoming 01-04282 MAR 19, 1996 H.R.I.S.D. Box 33 Bondurant, Wyoming 82922 Directors: This letter is in reference to the past action of building and locking a gate across a public road -Rim Road- approximately 8 miles south of Bondurant. Forestry personnel say that Rim Road is a public road and this action was illegal and is a dangerous thing to do. I understand your group has taken it upon yourselves to limit the lifestyles and property use of residents that choose to live on Hoback Ranch Estates all year. Although you don't live full time at Hoback Ranch Estates, you feel you have the right to control the lives of those that do. This is dictatorial and not the way our republic was meant to function. The impact of your decision affects many facets of the residents lives and I can see no logical reason for such an action to be taken by your group. Your decision affects residents economically by having a portion of their tax money not being used to keep Rim Road open; affects safety as no ambulance, police or fire vehicles can reach the properties if the roads are not plowed; the property is devalued due to the limited access and most importantly, you are discriminating against any handicapped person that might visit there, if they can't ride snowmobiles due to their handicap. I hope your group can realize how untenable your position is in trying to control the lives and property of the full time residents. As I look over the deed and covenants there are no provisions for restricting usage of the property to summer season only. Respectfully, XX CERTIFIED COPIES TO: GOVERNOR JAMES GERINGER -STATE CAPITOL ROOM 214 -CHEYENNE, WY. 82002 U.S.SENATOR CRAIG THOMAS -302 HART BLDG. -WASHINGTON D.C. 20510 U.S.REPRESENTATIVE BARBARA CUBIN -1114 LONGWORTH HOUSE -WASHINGTON D.C.20515 SENATOR GRANT LARSON -P.O.BOX 3490 -JACKSON, WY.83001 REPRESENTATIVE LOUIS TOMASSI -P.O.BOX 549 -BIG PINEY, WY. 83113 WYOMING HEALTH CARE -HATHAWAY BLDG. ROOM 117 -CHEYENNE, WY. 82002 B.L.M. RESOURCE AREA PINEDALE -432 EAST MILL PINEDALE, WY. 82941 SUBLETTE COUNTY SHERIFF OFFICE -HANK RULAND -PINEDALE, WY. 82941 01-04283 March 1, 1996 (HANDWRITTEN) H R S ILLEGIBLE PO BOX 33 Bondurant Wyoming 82922 To whom it may concern: I understand from the public notice in January's Pinedale/Big Piney Roundup that you are attempting to restrict access to other peoples property on Hoback Ranch Estates. This at the very least is dictatorial - no one has the legal or moral right to prevent any persons access to their private property at any time. I visit Wyoming regularly and have always been impressed with the honesty and fairness of the natives. Are you and others in your organization natives or out of state ILLEGIBLE people? A copy of this letter will be sent to the elected officials of the state of Wyoming and law enforcement agencies. Disappointedly - XX 01-04284