BOWDOINHAM, Maine — Bowdoinham resident Ed Friedman filed a disability discrimination lawsuit against Central Maine Power (CMP) Tuesday in Portland’s U.S. District Court, arguing the company's smart meter fees discriminate against him.
Friedman has lymphoplasmacytic lymphoma, an uncurable form of cancer.
The suit, brought under the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and Rehabilitation Act of 1973 (Rehab Act) alleges smart meter opt out fees are discriminatory to those disabled customers whose condition may be exacerbated by emitted radiation from the meters.
Friedman says opting out of the smart meter program is not a choice for him. He says his doctor recommends he not be exposed to any excess radiation in his home.
In 2016 Friedman says he asked CMP to waive its opt out fees as their reasonable accommodation of his disability. He says CMP declined, writing there was “no basis for compromise.”
When Friedman refused to pay for the same access to safe electricity his neighbors without disabilities received without any surcharge, he says CMP disconnected his power and he has been without utility service since.
“If CMP is going to do business in Maine, they need to follow the laws of the land – including those protecting their disabled ratepayers” Friedman said.
Friedman’s lawsuit rejects the idea that the opt-out fee is not discriminatory because everyone is charged the same amount. The lawsuit says, “this is no excuse at all. Suppose a store has both stairs and a wheelchair ramp, and it charges everyone a ‘stairs opt-out fee’ to use the ramp . . . the store is illegally discriminating against wheelchair users who, by virtue of their disability, require a ramp in order to access the store. This is true even if the store charges everyone the fee to use the ramp.”
In an email to NEWS CENTER Maine, CMP Spokesperson Catharine Hartnett wrote the following:
We cannot comment on the specifics of this lawsuit, but you may know that the history of opt out fees dates back to 2011 when, after installing Smart Meters, CMP was ordered to provide an opt-out option for customers and the PUC set the fees and any provisions.
In 2014, following a 2-year investigation the MPUC concluded in Docket 2010-00262
SUMMARY
As discussed in this Order, we find that Advanced Metering Infrastructure (AMI), including the use of "smart meters," as implemented and operated by Central Maine Power Company (CMP or the Company), does not present a credible threat to the health and safety of CMP's customers and, based on the record of this proceeding is, therefore, safe.
In 2016 Maine's Law Court agreed with these findings.
The PUC, over the years, has determined the appropriate opt-out fees for customers and adopted a fee structure which included reduced fees for customers who were eligible for LIHEAP, but there was no provision in the Order for customers claiming adverse health effects from smart meters.