Notice of Appeal to the Law Court

NOW come Plaintiffs, by their undersigned attorney, and state that the intended issues on appeal, pursuant to Rule 5(b) (2) (A), MRR. App. P., are as follows:

1. The Superior Court's Order requires a de novo review of the facts and the law.

2. The Superior Court erred in failing to address, mention or otherwise review the conduct and discriminatory actions of the defendants as testified to by the numerous witnesses.

3. The Superior Court erred in concluding that handicapped persons are not a protected class under the Equal Protection Clause of the Maine Constitution.

4. The Superior Court erred in concluding that strict scrutiny was not required under the Equal Protection Clause.

5. The Superior Court erred in failing to give any weight to the uncontroverted testimony of the only testifying expert.

6. The Superior Court erred in failing to address the burden of proof and validity of the defense of "direct threat".

7. The Superior Court erred in its analysis of the Maine Home Schooling Law, 20-A M.R.S.A. § 5021(6).

8. The Superior Court erred in failing to apply the entire Maine Public Accommodation Statue, 5 M.R.S.A. § 4592 and 4592 (1) to the facts at issue.

9. The Superior Court erred in misapplying the Maine Policy on Public Education, 20-A M.R.S.A. § 2 (2).

10. The Superior Court erred in determining that plaintiffs were required, as determined by defendants, to agree to a new "clean data" Functional Behavior Assessment before their son could return to playground use.

11. The Superior Court erred in requiring plaintiffs to show "discriminatory intent" on the part of defendants.

12. The Superior Court erred in allowing prejudicial hearsay evidence at the hearings.

Dated at Kennebunk, Maine this 15th day of September, 2004.

Ronald R. Coles, Esq.
Maine Bar No.: 151
Attorney for Plaintiffs
Coles Law Office
62 Portland Rd., Unit 7
P.O. Box 1028
Kennebunk, ME 04043

 

(This appeal was scanned from a copy of the original and converted to text using OmniPage Pro 14.)

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