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DEPT. OF CORRECTIONS v. HUMAN RIGHTS COMMISSION

No. 04-503.

917 A.2d 451 (2006)

2006 VT 134

DEPARTMENT OF CORRECTIONS v. HUMAN RIGHTS COMMISSION.

Supreme Court of Vermont.

December 29, 2006.

Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, Montpelier, and Marie J. Salem and Kate Duffy, Assistant Attorneys General, Waterbury, for Petitioner-Appellant.

Robert Appel, Executive Director, Montpelier, for Respondent-Appellee.

Barbara Prine, Vermont Legal Aid, Burlington, for Intervenor-Appellee.

Present: REIBER, C.J., and DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

JOHNSON, J.

¶ 1. The issue in this appeal is whether the Vermont Fair Housing and Public Accommodations Act, 9 V.S.A. §§ 4500-4507, applies to state correctional facilities, thereby giving the Human Rights Commission jurisdiction to investigate complaints filed by state prisoners alleging violations of the Act. Based upon its determination that the Act covers state prisons, the superior court denied the Department of Corrections' motion to quash a subpoena...

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