The city of Burlington purchased an insurance policy on Friday that will allow city officials to further discuss banning the controversial F-35 fighter jet from the Burlington International Airport.
City Attorney Eileen Blackwood began exploring the legal possibility of a ban weeks ago and discovered Burlington was not insured against lawsuits stemming from airport-related issues. That lapse left city officials, including city councilors, open to liability if the discussion of an F-35 ban led to a lawsuit.
The city now has a policy in place, said Mike Kanarick, Mayor Miro Weinberger’s chief of staff.
“This is the insurance policy that needed to be in place that would allow the city attorney” to render a legal opinion about the city’s power to block the U.S. Air Force from basing the F-35 at the city-owned airport.
The policy, which insures the city for up to $5 million in the event of a lawsuit, covers “public officials and [airport] management,” Kanarick said.
Blackwood’s office was also looking into the municipality’s liability in the event of any lawsuit related to the F-35’s basing at the airport.
Burlington F-35 opponents contend the city may be liable if damages arise from basing F-35s at the airport – for example if nearby homeowners wanted to sue the city if their property values decline.
With the insurance policy in place, Burlington’s city council can now discuss and vote on two resolutions related to the F-35. Council President Joan Shannon said the issue most likely will be taken up at a special meeting Oct. 28.
The Secretary of the Air Force may decide on basing locations for the F-35 as soon as Nov. 3.
