State moves to dismiss floatplane suit; disabled veterans respond

A group of disabled veterans is opposing an attempt by New York state to dismiss a federal lawsuit seeking access to remote lakes and ponds in the Adirondack Park.

Lake Placid attorney Matt Norfolk, who is representing Maynard Baker and several others listed in the suit, says the state is trying to have the lawsuit thrown out.

The plaintiffs allege that the state of New York violated the Americans with Disabilities Act by barring floatplane and motorized access to certain wilderness areas in the Park.

Norfolk and his clients argue that the state Environmental Conservation Law and the Adirondack Park Agency Act - as well as the state Land Master Plan - discriminate against the "mobility impaired" by denying "meaningful access" to parts of the Park.

On Wednesday, Norfolk filed a memorandum of law with the Northern District of New York United States District Court. The motion opposes the state's attempt to dismiss the lawsuit.

Norfolk and his clients recently revised the lawsuit, claiming the state violated the Supremacy Clause of the United States Constitution, because barring floatplane access interferes with aircraft operations and the control of aircraft noise.

Norfolk says those are regulated by the federal government, not the state.

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