INSTRUCTIONS FOR FILING USDOJ SMART METER COMPLAINTS – READ CAREFULLY!
WE HAVE THE OPPORTUNITY TO CHANGE THE SYSTEM AND ACHIEVE WHAT WE WANT. THE U.S. DEPT. OF JUSTICE IS CONSIDERING THE SMART METER PROBLEM. I WAS INFORMED THAT IF THEY RECEIVE NUMEROUS COMPLAINTS, IT COULD REALLY CHANGE THINGS. LET’S BURY THEM IN COMPLAINTS! PASS THIS ON TO EVERY LEGALLY DISABLED PERSON YOU KNOW WHO IS SICKENED BY RF RADIATION FROM SMART METERS. NOW IS THE TIME TO DO YOUR PART AND BE HEARD. IF YOU DO NOT DO YOUR PART, YOU HAVE NO ONE TO BLAME BUT YOURSELF. BEING SICK IS NO EXCUSE. I’M AS SICK, OR SICKER, THAN ALL OF YOU, YET I AM DOING ALL THIS, PLUS FILING COMPLAINTS AND SEARCHING FOR AN ATTORNEY TO BRING LAWSUITS. THIS IS THE TIME FOR ACTION, NOT EXCUSES. FILE A COMPLAINT IF YOU HAVE BEEN DENIED AN ACCOMMODATION (KEEPING YOUR ANALOG METER, BEING DENIED A ZONE OF SAFETY) OR IF YOU ARE BEING CHARGED FOR THE ACCOMMODATION YOU WERE GRANTED. KEEP ON TRACK AND DO NOT GO OFF ON TANGENTS. THIS IS NOT THE PLACE OR TIME TO DEBATE THE DANGERS OF SMART METERS. THIS IS ONLY ABOUT VIOLATION OF THE A.D.A. LAW.
Be sure to include copies of any doctors’ letters that state you cannot have a Smart Meter on your home due to RF radiation making you sick and/or making your disability worse.
Be sure to include details of any threats, intimidation, coercion or retaliation on the part of your utility. Include copies of any letters you sent to the utility requesting accommodation, copies of any letters your utility sent to you that are relevant to your complaint, copies of your opt-out choice slip (if you were required to fill one out) and any letter you sent with it.
Be sure to include names, dates, times and content of any relevant phone conversations you had with your utility.
When you state who discriminated against you give the full name of the power company and use the corporate headquarters address. You can use the name of a CEO, attorney or other utility official that has been prominent in the Smart Meter program in your area.
IF YOU HAVE ANY QUESTIONS, OR REQUIRE THE FORM FOR A GOVERNMENT-OWNED UTILITY, EMAIL ME AT: firstname.lastname@example.org
AMERICANS WITH DISABILITIES – TITLE III
Part 36 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (as amended by the final rule published on September 15, 2010)
§ 36.301 Eligibility criteria.
A public accommodation may not impose a surcharge on a particular individual with
a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids, barrier removal, alternatives to barrier removal, and reasonable modifications in policies, practices, or procedures, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.
§ 36.302 Modifications in policies, practices, or procedures.
A public accommodation shall make reasonable modifications in policies, practices, or
procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.
§ 36.206 Retaliation or coercion.
- (a) No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part.
- (b) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.
- (c) Illustrations of conduct prohibited by this section include, but are not limited to:
- (1) Coercing an individual to deny or limit the benefits, services, or advantages to which he or she is entitled under the Act or this part;
- (2) Threatening, intimidating, or interfering with an individual with a disability who is seeking to obtain or use the goods, services, facilities, privileges, advantages, or accommodations of a public accommodation;
- (3) Intimidating or threatening any person because that person is assisting or encouraging an individual or group entitled to claim the rights granted or protected by the Act or this part to exercise those rights; or
- (4) Retaliating against any person because that person has participated in any investigation or action to enforce the Act or this part.
How to File a Title III Complaint – Non-Government-Owned Utilities
This is in response to your request for information on how to file a complaint under title III of the Americans with Disabilities Act. Title III prohibits discrimination based on disability in public accommodations. Private entities covered by title III include places of lodging, establishments serving food and drink, places of exhibition or entertainment, places of public gathering, sales or rental establishments, service establishments, stations used for specified public transportation, places of public display or collection, places of recreation, places of education, social service center establishments, and places of exercise or recreation. Title III also covers commercial facilities (such as warehouses, factories, and office buildings), private transportation services, and licensing and testing practices. If you feel you or another person have been discriminated against by an entity covered by title III, send a letter to the Department of Justice, at the address below, including the following information:
– Your full name, address, and telephone number, and the name of the party discriminated against; – The name of the business, organization, or institution that you believe has discriminated; – A description of the act or acts of discrimination, the date or dates of the discriminatory acts, and the name or names of the individuals who you believe discriminated; and – Other information that you believe necessary to support your complaint. Please send copies of relevant documents. Do not send original documents. (Retain them.)
Sign and send the letter to the address below:
U.S. Department of Justice 950 Pennsylvania Avenue, NW Civil Rights Division Disability Rights – NYAVE Washington, D.C. 20530
The Disability Rights Section will consider your complaint and inform you of its action. The office will investigate the complaint and determine whether to begin litigation. We will not necessarily make a determination on each complaint about whether or not there is an ADA violation. If we believe there is a pattern or practice of discrimination, or the complaint raises an issue of general public importance, we may attempt to negotiate a settlement of the matter or we may bring an action in U.S. District Court. Any such action would be taken on behalf of the Unites States. We do not act as an attorney for, or representative of, the complainant. You also have the option of filing your own case in U.S. District Court. Depending on the nature of your complaint, other information would also be helpful to our investigation: 1. Small businesses have limited protection from lawsuits. Except with respect to new construction and alterations, no lawsuit can be filed concerning acts or omissions that occur before —
1) July 26, 1992, by businesses with 25 or fewer employees and gross receipts of $1,000,000 or less. 2) January 26, 1993, by businesses with 10 or fewer employees and gross receipts of $500,000 or less.
2. The name or names of the individuals or entities who have an ownership and/or managerial interest in each facility or business that is the subject of your complaint, with phone numbers and addresses, including zip codes, if you have them. 3. Information specifying whether the facility is owned and/or operated by a private entity or a state or local government. 4. The nature of the activity or service provided by the business. 5. If you are alleging failure to remove architectural barriers, a description, including as much detail as possible, of the barriers. If possible, please provide pictures, videotapes, diagrams, or other illustrations that accurately set forth the alleged violation. 6. Any suggestions for remedying the alleged violations of the ADA. 7. Information about whether you have filed a related complaint with a U.S. Attorneys Office, or any other Federal, State, or local agency, or any court, or whether you intend to file such a complaint.
Privacy Act Statement
The authority for collecting this information is contained in 42 U.S.C. 12188(b). We need this information in order to investigate your complaint. The personal information will be used primarily for authorized civil rights compliance and enforcement activities conducted by the Department of Justice. The Department will not disclose the name of, or other identifying information about, an individual unless it is necessary for enforcement activities against an entity alleged to have violated federal law, or unless such information is required to be disclosed under the Freedom of Information Act, 5 U.S.C. 552, or as is allowed through the publication of a routine use in accordance with the Privacy Act of 1974, 5 U.S.C. 552a. To further the Department’s enforcement activities, information we have about you may be given to appropriate Federal, State, or local agencies. Additional disclosures of information may be made: to Members of Congress or staff; to volunteer student workers within the Department of Justice so that they may perform their duties; to the news media when release is made consistent with the Freedom of Information Act and 28 C.F.R. 40.2; and to the National Archives and Records Administration and General Services Administration to perform records management inspection functions in accordance with their statutory responsibilities. Furnishing of the requested information is voluntary except that the failure to provide such information may result in our being unable to process your complaint.