A settlement was announced between the Department of Justice and QuikTrip , a national owner of gas stations regarding ADA claims after complaints about inaccessible parking near Omaha.
The DOJ lawsuit says the investigation revealed a nationwide pattern and practice of discrimination on the basis of disability. QuikTrip worked with the department to amicably resolve the matter without active litigation.Under the consent decree, which was filed along with a complaint in the U.S. District Court for the District of Nebraska, QuikTrip will create a $1.5 million compensatory damages fund for individuals who were victims of discrimination based on disability, as well as take various steps to make its stores accessible.
Showing posts with label disability lawsuits. Show all posts
Showing posts with label disability lawsuits. Show all posts
Monday, July 19, 2010
Monday, November 2, 2009
UK father fighting for son's life as court decides whether to extend withdrawal of life support parameters
A British court will decide the fate of a one year old boy whose father is fighting the hospital's decision to withdraw life support. According to the Guardian, Baby RB "was born with congenital myasthenic syndrome (CMS), a muscle condition that severely limits movement and the ability to breathe independently. He has been in hospital since birth." The article states:
In the UK an estimated 300 people have got CMS, with varying degrees of severity. Symptoms include muscle weakness, especially in the face; people are unable to smile and suffer from double vision and drooping eyelids.
This is the first case involving a court going against a parent's wishes on the issue of withdrawal of life support from a baby who does not have brain damage. In March, Baby O.T. died after a high court ruled he should be removed from life support against the wishes of his parents. Baby O.T. had a a rare metabolic disorder, brain damage and respiratory failure. Polls and surveys taken indicate the majority of people in Britain feel that this decision should be left up to the parent.
The boy's father will submit a video of Baby RB playing with toys and engaging with his parents to the court. The father's lawyers "argue that the baby's brain is unaffected by the condition and that he can see, hear and feel and recognise his parent".
A new medical evaluation is now being done to assess whether a tracheotomy would allow the child to be taken off a ventilator and sent home.
This tragic case is yet another reminder how little value is given to the lives of those with disabilities. Instead of improving at home care so the issue of whether the child needs a ventilator isn't confused with a quality of life assessment, society continues to tolerate dangerous encroachments on the dignity and rights of people with disabilities.
Update: In this CNN article, it is noted that there are different types of CMS and a lawyer on the case indicated the type has not been identified. It also states:
The Mayo Clinic, one of the leading hospitals in the United States, says on its Web site that "different forms of CMS vary widely in their symptoms, from mild to severely disabling. With accurate diagnosis and appropriate therapy, even potentially fatal forms can usually be treated successfully."
In the UK an estimated 300 people have got CMS, with varying degrees of severity. Symptoms include muscle weakness, especially in the face; people are unable to smile and suffer from double vision and drooping eyelids.
This is the first case involving a court going against a parent's wishes on the issue of withdrawal of life support from a baby who does not have brain damage. In March, Baby O.T. died after a high court ruled he should be removed from life support against the wishes of his parents. Baby O.T. had a a rare metabolic disorder, brain damage and respiratory failure. Polls and surveys taken indicate the majority of people in Britain feel that this decision should be left up to the parent.
The boy's father will submit a video of Baby RB playing with toys and engaging with his parents to the court. The father's lawyers "argue that the baby's brain is unaffected by the condition and that he can see, hear and feel and recognise his parent".
A new medical evaluation is now being done to assess whether a tracheotomy would allow the child to be taken off a ventilator and sent home.
This tragic case is yet another reminder how little value is given to the lives of those with disabilities. Instead of improving at home care so the issue of whether the child needs a ventilator isn't confused with a quality of life assessment, society continues to tolerate dangerous encroachments on the dignity and rights of people with disabilities.
Update: In this CNN article, it is noted that there are different types of CMS and a lawyer on the case indicated the type has not been identified. It also states:
The Mayo Clinic, one of the leading hospitals in the United States, says on its Web site that "different forms of CMS vary widely in their symptoms, from mild to severely disabling. With accurate diagnosis and appropriate therapy, even potentially fatal forms can usually be treated successfully."
Wednesday, October 28, 2009
Court ruling on insurance company denial of treatment for autism
In a preliminary ruling, Los Angeles County Superior Court Judge James C. Chalfant found that Kaiser Permanente's refusal to pay for a child's autism treatment because the provider was not licensed by the state runs counter to California's Mental Health Parity Act. That act requires insurers to cover care for mental and behavioral problems at the same levels they do for physical illnesses.
"A refusal to pay for . . . services based on the fact that the provider is not licensed is inconsistent with the intent of parity," Chalfant wrote in his Oct. 20 ruling.
The rest of the article can be found here.
"A refusal to pay for . . . services based on the fact that the provider is not licensed is inconsistent with the intent of parity," Chalfant wrote in his Oct. 20 ruling.
The rest of the article can be found here.
Saturday, September 26, 2009
Social Security owes "fugitive felons" millions under settlement
After cutting off "fugitive felons" who are neither fugitive nor felons, Social Security now owes millions to those caught up in the error.
According to the Wall Street Journal:
The supposed fugitives include a disabled widow with a previously suspended driver's license, a quadriplegic man in a nursing home and a Nevada grandmother mistaken for a rapist.
At least 200,000 elderly and disabled folks were among those who lost their benefits under the Fugitive Felon program launched in 1996. Under a recent settlement, monies to them will be repaid. Among the errors that led to this were cases of mistaken identity and the use of outstanding warrants for even minor offenses, whether the person was actually fleeing. Even when the warrants were cleared, Social Security went after people for overpayment.
According to the Wall Street Journal:
The supposed fugitives include a disabled widow with a previously suspended driver's license, a quadriplegic man in a nursing home and a Nevada grandmother mistaken for a rapist.
At least 200,000 elderly and disabled folks were among those who lost their benefits under the Fugitive Felon program launched in 1996. Under a recent settlement, monies to them will be repaid. Among the errors that led to this were cases of mistaken identity and the use of outstanding warrants for even minor offenses, whether the person was actually fleeing. Even when the warrants were cleared, Social Security went after people for overpayment.
Tuesday, July 28, 2009
4 Austin Texas clubs and restaurants face ADA lawsuits
The Texas Civil Rights Project has filed four ADA lawsuits over lack of compliance with the law and access issues. Other establishments, like the Travis County Expo Center , Ironworks Barbeque and Habaneros Mexican Cafe have either settled their suits or complied, but now offer more access.
The Subway restaurant at Congress and Oltorf, Evangeline Cafe in South Austin, Submerged nightclub and La Zona Rosa, a popular concert venue, have each been sued for accessibility issues that plaintiffs say are out of compliance with the ADA. The lawsuits were filed on Monday. The establishments have not been served yet.
La Zona Rosa's box office has a ramp leading up to it, followed by a step down just before concert goers get to the ticket window.
Wednesday, June 24, 2009
K Mart sued for disability discrimination for firing greeter who used cane
Press release- EEOC site:
Press release via site
KMART SUED FOR DISABILITY DISCRIMINATION FOR FIRING GREETER WHO USED CANE
Retail Giant Punished Worker for Back Impairment, EEOC Charges
NORFOLK, Va. – National retail giant Kmart Corporation violated federal law by firing an employee because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed yesterday under the Americans With Disabilities Act (ADA) on behalf of a former worker who uses an assistive walking device.
The EEOC’s suit, filed in he U.S. District Court for the Eastern District of Virginia (Equal Employment Opportunity Commission v. Kmart Corporation, Civil Action No. 2:09CV291), asserted that around September 2004 Alonzo McGlone was hired as a greeter at a Kmart Super Center in Norfolk, Va. McGlone, who has a debilitating back impairment, uses a cane to assist him in walking and standing. The EEOC’s suit charged that McGlone was successfully performing his duties as a greeter when he was observed using his cane. According to the EEOC, McGlone was fired because of the use of his cane.
The EEOC filed suit after first attempting to reach a voluntary settlement out of court. The EEOC's lawsuit seeks reinstatement of McGlone into his former position or an equivalent one, as well as back pay, compensatory damages, and punitive damages. The EEOC also seeks an injunction ordering Kmart to institute and carry out policies, practices, and training programs which provide equal employment opportunities for persons with disabilities, and a work environment free from disability discrimination.
“Mr. McGlone lost his job because he needed to use an assistive device to walk,” said Herbert Brown, director of the EEOC’s Norfolk Local Office. “It is unfortunate that many employers still deny people who are ready and able the opportunity to work simply because of a disability. The EEOC will continue to fight for the rights of people victimized by such prejudices.”
During Fiscal Year 2008, disability discrimination charge filings with the EEOC nationwide rose to 19,453 -- an increase of 10 percent from the prior fiscal year and the highest level in 14 years.
Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office, which includes the Norfolk Local Office, added, “This lawsuit is a reminder that, although we have made great strides in educating employers and the public about disability discrimination, some employers still judge applicants and employees based on a disability rather than on their proven ability to do a job.”
According to its web site, www.kmart.com, Kmart is a wholly owned subsidiary of Sears Holdings Corporation. As of January 31, 2009, Holdings operated a total of 1,368 Kmart stores across 49 states, Guam, Puerto Rico, and the U.S. Virgin Islands.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.Press release via site
Friday, May 15, 2009
Disability Rights Wisconsin files lawsuit regarding alleged withdrawal of treatment for developmentally disabled patients
Disability Rights Wisconsin has filed a lawsuit against University of Wisconsin Hospital and Clinic regarding their policy, under which it is alleged they withheld treatment for developmentally disabled patients on the basis that there were quality of life issues when they had signs of pneumonia.
Attorney Mitch Hagopian said he worried some UW Hospital doctors may be too quick to suggest withdrawing treatment from a developmentally disabled person they perceive to have a low quality of life.
The case involves the treatment of pneumonia in J.L., a 72 year old developmentally disabled man, where care was allegedly withheld and M.E. , a 13 year old boy, whose parents allegedly wanted care withheld. Neither patient was in a "persistent vegetative state". A prior state legal precedent regarding parents' rights to withhold care from children is flawed , Dr. Steven Leuthner, a bioethicist at the Medical College of Wisconsin, claims.
Leuthner, who is not a lawyer, said the group had reached a plausible interpretation of a 2002 case in which a state appellate court found that parents could not withhold care from children not in a vegetative state. But he faulted the judges in that case, who he said incorrectly interpreted a previous Supreme Court case, making for a troubling precedent. The decision also left parents powerless to act in their children’s best interests, he said.
h/t Disability Scoop
Attorney Mitch Hagopian said he worried some UW Hospital doctors may be too quick to suggest withdrawing treatment from a developmentally disabled person they perceive to have a low quality of life.
The case involves the treatment of pneumonia in J.L., a 72 year old developmentally disabled man, where care was allegedly withheld and M.E. , a 13 year old boy, whose parents allegedly wanted care withheld. Neither patient was in a "persistent vegetative state". A prior state legal precedent regarding parents' rights to withhold care from children is flawed , Dr. Steven Leuthner, a bioethicist at the Medical College of Wisconsin, claims.
Leuthner, who is not a lawyer, said the group had reached a plausible interpretation of a 2002 case in which a state appellate court found that parents could not withhold care from children not in a vegetative state. But he faulted the judges in that case, who he said incorrectly interpreted a previous Supreme Court case, making for a troubling precedent. The decision also left parents powerless to act in their children’s best interests, he said.
“That would be my hope of what would come out of this, that (the courts) would recognize the problem in” the previous case, Leuthner said.
A spokesman from Bethesda Lutheran, who treated the 13 year old, administering antiobiotics after doctors at UW refused to give the order, stated that “We believe that the law in Wisconsin is clear that people with developmental disabilities should receive medical care for treatable illnesses unless they are dying or in a persistent vegetative state."
h/t Disability Scoop
Thursday, September 18, 2008
Lawsuit alleges autistic students cuffed
Disability Rights North Carolina has filed a federal lawsuit against the Wake County Board of Education and the senior director of special education services, claiming that several autistic students were cuffed and "encouraged to wrestle one another" and bruising resulted which was not properly reported or documented. The incidents occurred at Carroll Middle School in Raleigh, N.C., where it is alleged there was a "WWF" room - a term referring to a vacant room where students were allegedly encouraged to release aggression by wrestling. One student reported to his mother that he saw a teacher wrestle a student to the floor.
The group has also asked for the right to monitor the classroom and student-teacher interactions. To date, the school board has not given student information to the DRNC so they can investigate the claims.
The group has also asked for the right to monitor the classroom and student-teacher interactions. To date, the school board has not given student information to the DRNC so they can investigate the claims.
Rittelmeyer believes that part of the reason the school board will not give the requested information is because DRNC is a fairly new agency -- it was instituted by the federal government 15 months ago under a law that exempts such agencies when it comes to privacy laws.
Majestic said that the schools simply want to be certain that they are in compliance with the law.
The likelihood of embarrassment should the alleged abuse be proved, said Rittelmeyer, is another reason he believes the school board is not cooperating.
"I'm not sure they're hiding something -- I think we probably know most of the events that are going on in that classroom -- but to confirm them would be an embarrassment to the school system," said Rittelmeyer.
via abcnews.go.com
The court complaint may be viewed here. It alleges that the wrestling was done with the classroom teacher's knowledge and teaching assistants were directly involved in wrestling with students.
Tuesday, July 8, 2008
Restaurant sued for ADA violations....
..but this case was featured on TMZ ...since it involves allegations that the restaurant allowed NFL players to park in handicapped spots - and barred the plaintiffs from the premises in retaliation when they complained. A copy of the story and actual complaint can be found here.
Wednesday, May 21, 2008
Court rules US discriminates against blind with currency
A federal court ruled that the US discriminates against the blind since its paper currency is the same size, no matter what it's value.
and here.
The 2-to-1 decision, by a panel of the United States Court of Appeals for the District of Columbia Circuit, held that the Treasury Department had failed to demonstrate that it would be too burdensome to make bills of different sizes or add features that could be read by touch to distinguish monetary value.
“A large majority of other currency systems have accommodated the visually impaired, and the secretary does not explain why U.S. currency should be any different,” Judge Judith W. Rogers wrote for herself and Judge Thomas B. Griffith, referring to Treasury Secretary Henry M. Paulson Jr., the nominal defendant. via NYTimes.com
and here.
Tuesday, March 18, 2008
Seeking Broader Access to Parks
A NY Times article this morning discusses the efforts of a woman with MS, Ann Sieck, to make the outdoors more accessible to people with disabilities. She talks about how when she encounters a manmade obstacle, she gets a feeling of "impotent rage". This comes from knowing how it ranges from difficult to impossible for people with disabilities to get around many of our national parks.
Federal law requires the Park Service to provide universal access to its land and attractions. Ms. Sieck and other people with disabilities say they cannot gain entry or use many of the Golden Gate area’s historic buildings, trails, museums, restrooms or water fountains. via NY Times
In the hope of lessening that feeling, Ms. Sieck has joined a federal class-action lawsuit against the National Park Service and its Golden Gate National Recreation Area, a series of parks and open spaces that traverse 75,000 acres of public land and 59 miles of Pacific shoreline and include landmarks like Alcatraz and Muir Woods.
Federal law requires the Park Service to provide universal access to its land and attractions. Ms. Sieck and other people with disabilities say they cannot gain entry or use many of the Golden Gate area’s historic buildings, trails, museums, restrooms or water fountains. via NY Times
Ms. Sieck has published information on wheelchair accessible trails in the San Francisco Bay area that can be found here.
Thursday, December 6, 2007
Woman denied right to put in accessible door sues
Josefina, born without legs or arms, uses her teeth to open the door on her condo apartment. Unfortunately, the creative method she's figured out doesn't work to get her back in, leaving her dependent on those who happen to be passing by to get back into her own home. As a result, Josefina remains stuck at home, noting that it's like being in jail. Her efforts to get permission to put on a door that would allow her egress/inegress have failed and a lawsuit is pending.
Hard to believe? Not really. People are stuck in their homes and apartments for various reasons, due to delays that come from denials of permission and subsequent lawsuits or the need for a variance to build a ramp on houses.
Need a ramp? In some places, be prepared to hire the following people: an architect, attorney and engineer to draw up plans for a variance. If you need to get out immediately you can apply for a temporary ramp, but then you must take that ramp down before you build your permanent ramp. Of course that means paying a contractor twice.
Our laws which require variances and expensive hoops to jump through need to be changed. The delays inherent in our system, which include having to sue to get permission for access into and out of an apartment or home you are paying to live in, are not justifiable or reasonable.
Josefina just happens to be in the news.
Saturday, October 27, 2007
Parents of son with autism sue school district
"At their son Jack’s second birthday party, David and Kim LaPierre noticed he was shutting out the other children, their first inkling that he was autistic. They enrolled him in a private preschool for children without disabilities and with more than 30 hours a week of therapy at home, he began to connect with others.
The school district in Springfield, N.J., became responsible for his education when he turned 3, and proposed moving him to a public classroom for disabled children. Fearing that Jack would backslide, the family kept him in private school, suing the schools to recover their expenses.
“It makes no sense to us as parents that we would have to put our son in a place that we knew wasn’t right for him, just so we could qualify for the school’s services or funding to help us.” said Mr. LaPierre, who estimates spending more than $60,000 a year on tuition and therapy.
Cases like these have increasingly become a flash point in special education, pitting parents against school systems that say they cannot afford to pay to privately educate disabled children whose parents unilaterally reject their proposed placements.
Expectations that the Supreme Court would settle whether such parents must try public schools first evaporated after Justice Anthony M. Kennedy recused himself without explanation in two cases from New York State.
...
The federal Individuals with Disabilities Education Act guarantees a “free appropriate public education” for children with disabilities. Most of the nation’s nearly six million special-education students attend public school, but the law allows parents to seek public financing for private schools if they can show that the public schools cannot adequately serve their children.
As of 2005, more than 88,000 disabled students were educated in private settings at taxpayer expense, an increase of 34 percent over a decade, according to the National School Boards Association. Often school districts acknowledge that they cannot provide an adequate education, and willingly pay for private tuition.
But with an increasing number of parents rejecting public school placements without trying them, courts are grappling with when these plans are appropriate, and whether parents must try them."
-via NY Times
In certain states, different agencies handle the cases - and the plans - for children before and after they begin school. This "relay" is adding to the problem, some officials say. Combined with the lack of guidance from court rulings, parents -and school districts - are being left in a limbo where some say the number of these cases is limited while others fear the cost will be unmanageable.
To read the entire article, click above. You'll find the title interesting - as it reveals a certain slant. But then again I have a nephew with a disability so I know the importance of providing for the specific needs of a child in his or her IEP plan.
The school district in Springfield, N.J., became responsible for his education when he turned 3, and proposed moving him to a public classroom for disabled children. Fearing that Jack would backslide, the family kept him in private school, suing the schools to recover their expenses.
“It makes no sense to us as parents that we would have to put our son in a place that we knew wasn’t right for him, just so we could qualify for the school’s services or funding to help us.” said Mr. LaPierre, who estimates spending more than $60,000 a year on tuition and therapy.
Cases like these have increasingly become a flash point in special education, pitting parents against school systems that say they cannot afford to pay to privately educate disabled children whose parents unilaterally reject their proposed placements.
Expectations that the Supreme Court would settle whether such parents must try public schools first evaporated after Justice Anthony M. Kennedy recused himself without explanation in two cases from New York State.
...
The federal Individuals with Disabilities Education Act guarantees a “free appropriate public education” for children with disabilities. Most of the nation’s nearly six million special-education students attend public school, but the law allows parents to seek public financing for private schools if they can show that the public schools cannot adequately serve their children.
As of 2005, more than 88,000 disabled students were educated in private settings at taxpayer expense, an increase of 34 percent over a decade, according to the National School Boards Association. Often school districts acknowledge that they cannot provide an adequate education, and willingly pay for private tuition.
But with an increasing number of parents rejecting public school placements without trying them, courts are grappling with when these plans are appropriate, and whether parents must try them."
-via NY Times
In certain states, different agencies handle the cases - and the plans - for children before and after they begin school. This "relay" is adding to the problem, some officials say. Combined with the lack of guidance from court rulings, parents -and school districts - are being left in a limbo where some say the number of these cases is limited while others fear the cost will be unmanageable.
To read the entire article, click above. You'll find the title interesting - as it reveals a certain slant. But then again I have a nephew with a disability so I know the importance of providing for the specific needs of a child in his or her IEP plan.
Wednesday, October 24, 2007
Disabled Iraq vet sues Army
A vet whose hand was amputated as a result of injuries sustained while in Iraq is suing the US Army for violating his rights as a person with a disability on his job, saying fellow workers called him names and pushed him out of handicap parking. A copy of the complaint filed in the lawsuit is here.
Tuesday, July 3, 2007
Illinois woman sues McDonald's after being denied service due to disability
[visual description: Dawn Larson, who was born with underdeveloped hands and arms, demonstrates how she hands over her credit card with her feet from her car.] vIa SunTimes
A woman who uses her feet as hands has filed a lawsuit against 2 McDonald's restaurants after two incidents involving alleged discrimination in which employees refused her service due to her disability.
"In her lawsuit filed last week against the Rockford, Ill., McDonald's chain, Larson claims staff refused to serve her after she paid by credit card with her left foot for $23.59 of food last November, the paper reported.
"What's the matter with you? . . . You ain't got no arms. ... Let me see your arms," an employee allegedly told Larson with a tone of disgust, withdrawing the bags of food from Larson's outstretched foot, the paper said, citing the lawsuit."
Via Foxnews.com
Dawn Larson, who was born with Holt-Oram Syndrome, said "I drank my baby bottle with my feet. Nobody ever taught me how to do it, I just did it. I can ride a regular 10-speed bike. I can swim. It has not been a problem in my life at all. It didn't stop me from having four boys. I've never dropped one of them."
She also told the Chicago Sun Times that she felt harassed and embarrassed when she was refused service and just wanted the food she bought so she could feed her children.
Thursday, May 3, 2007
California advocacy group files lawsuits to fix sidewalks
...among other things. The group - Americans with Disabilities Advocates - has helped make thousands of locations more accessible.
""Plaintiffs have had to risk life and limb by traveling down the streets next to cars and trucks that speed past them only inches away," read largely similar civil complaints filed in Contra Costa and Alameda county courts. "Defendants have known for decades that their walkways and sidewalks are inaccessible and dangerous to the physically disabled but have failed and refused to act."
...
"They will not fix sidewalks, they will not fix up bathrooms, they will not make paths accessible unless someone hits them with a lawsuit," said Louie, a former Oakland resident. "And when you do, they make you out to be the bad guy. They want to say that you are a vexatious litigant."
Via ContraCostaTimes.com
Last weekend I found myself caught between a rock and a hard place - basically in the middle of a street with high traffic because a curb cut was in such disrepair I could not get up it. It's a very frightening experience. From the other side of the street whence I came, it looked fine but after I crossed the street I realized that the curb cut consisted of broken pieces of concrete so large that my wheelchair casters wouldn't be able to navigate through. I tried since there were cars whizzing behind me but couldn't get up it.
At that point I turned my wheelchair around, intending to cross the street back to my original destination (although that wasn't where I was trying to go). The light changed so I had to wait in the street. A car came around a corner, honking at me and someone screamed "Get out of the street!" I'm sitting there thinking "I'd like to." It's very frightening not only to get stuck like that but to have people react with rage. Yikes. And I had to sit there in the stream of traffic until the light changed with the fronts of cars coming straight at me. Not good.
So this week in between calls for work I've been trying to get that curb cut fixed. I've made about 20 calls to varous places - township engineer offices, mayor's offices, etc. At some point I was asked to write down the intersection of the streets with a description of the "problem". I emailed it over. Another call to follow up. "We never got it". Sent it again. No response. The woman in the office says to me at one point "Well you can't be that busy, it's not like you work. Just send it again."
True. People with disabilities don't work, right? Grrr...... I am looking for an assurance that this curbcut will be fixed or else I'll have to file a complaint .
Yet my experience in reporting these problems has been that Instead I'm given "jobs" to do. On one occasion, a township engineer asked me to go out and measure the curbcuts in question to let him know if it was in compliance. None of them were and there were at least 30 of them. I explained to him it just wasn't my job - it was his to ensure they were in compliance to begin with. Over the years I've been asked to provide photos, copies of the ADA law, multiple descriptions from different angles - once they asked for a witness! This is all before someone will even go out and look at the curbcut. Why? It's their job.
Then there is the issue of sidewalk inaccessibility - poles in the middle of the sidewalk, grossly uneven surfaces, etc. as shown in this photo. I can see why, when faced with the number of accessibility issues that exist, people sue.
And, in the meantime, a word to make drivers aware that pedestrians with disabilities are being forced into the street by lack of accessibility. It's become a very real pedestrian hazard and will remain one until these issues of noncompliance are addressed.
""Plaintiffs have had to risk life and limb by traveling down the streets next to cars and trucks that speed past them only inches away," read largely similar civil complaints filed in Contra Costa and Alameda county courts. "Defendants have known for decades that their walkways and sidewalks are inaccessible and dangerous to the physically disabled but have failed and refused to act."
...
"They will not fix sidewalks, they will not fix up bathrooms, they will not make paths accessible unless someone hits them with a lawsuit," said Louie, a former Oakland resident. "And when you do, they make you out to be the bad guy. They want to say that you are a vexatious litigant."
Via ContraCostaTimes.com
Last weekend I found myself caught between a rock and a hard place - basically in the middle of a street with high traffic because a curb cut was in such disrepair I could not get up it. It's a very frightening experience. From the other side of the street whence I came, it looked fine but after I crossed the street I realized that the curb cut consisted of broken pieces of concrete so large that my wheelchair casters wouldn't be able to navigate through. I tried since there were cars whizzing behind me but couldn't get up it.
At that point I turned my wheelchair around, intending to cross the street back to my original destination (although that wasn't where I was trying to go). The light changed so I had to wait in the street. A car came around a corner, honking at me and someone screamed "Get out of the street!" I'm sitting there thinking "I'd like to." It's very frightening not only to get stuck like that but to have people react with rage. Yikes. And I had to sit there in the stream of traffic until the light changed with the fronts of cars coming straight at me. Not good.
So this week in between calls for work I've been trying to get that curb cut fixed. I've made about 20 calls to varous places - township engineer offices, mayor's offices, etc. At some point I was asked to write down the intersection of the streets with a description of the "problem". I emailed it over. Another call to follow up. "We never got it". Sent it again. No response. The woman in the office says to me at one point "Well you can't be that busy, it's not like you work. Just send it again."
True. People with disabilities don't work, right? Grrr...... I am looking for an assurance that this curbcut will be fixed or else I'll have to file a complaint .
Yet my experience in reporting these problems has been that Instead I'm given "jobs" to do. On one occasion, a township engineer asked me to go out and measure the curbcuts in question to let him know if it was in compliance. None of them were and there were at least 30 of them. I explained to him it just wasn't my job - it was his to ensure they were in compliance to begin with. Over the years I've been asked to provide photos, copies of the ADA law, multiple descriptions from different angles - once they asked for a witness! This is all before someone will even go out and look at the curbcut. Why? It's their job.
Then there is the issue of sidewalk inaccessibility - poles in the middle of the sidewalk, grossly uneven surfaces, etc. as shown in this photo. I can see why, when faced with the number of accessibility issues that exist, people sue.
And, in the meantime, a word to make drivers aware that pedestrians with disabilities are being forced into the street by lack of accessibility. It's become a very real pedestrian hazard and will remain one until these issues of noncompliance are addressed.
Friday, April 20, 2007
Disabled vets sue U of Michigan stadium
"..the suit claims that U-M officials are fully aware of federal accessibility laws that dictate the number and location of wheelchair seating for stadiums, but have "intentionally" avoided compliance with the Americans with Disabilities Act even as they proceed with a $226 million renovation of the Big House.
...according to the lawsuit filed in U.S. District Court in Ann Arbor by the Michigan Paralyzed Veterans of America.
U-M officials have maintained they are fully committed to accessibility for all fans. Improving access and seating for disabled patrons were main concerns when considering the renovation, which calls for 83 luxury boxes, officials have said. The area to be renovated will indeed comply with the federal ADA, they maintain."
However the vets maintain that the renovations were staggered to avoid compliance with the ADA requirements of providing full accessibility when renovations are made.
Via Detroit News
...according to the lawsuit filed in U.S. District Court in Ann Arbor by the Michigan Paralyzed Veterans of America.
U-M officials have maintained they are fully committed to accessibility for all fans. Improving access and seating for disabled patrons were main concerns when considering the renovation, which calls for 83 luxury boxes, officials have said. The area to be renovated will indeed comply with the federal ADA, they maintain."
However the vets maintain that the renovations were staggered to avoid compliance with the ADA requirements of providing full accessibility when renovations are made.
Via Detroit News
Tuesday, April 3, 2007
Lawsuit claims Manhattan condo blocked prospective tenants with disabilities
Thomas Dern, Associate Executive Director of the nonprofit Young Adult Institute/National Institute for People with Disabilities, filed the first housing discrimination lawsuit the community residential program has filed in its 50-year history.
The article states:
"Last August, YAI/NIPD made an offer on two condo units at a cost of $1.3 million. The plan was to purchase the units, which are located next to each other on the same floor, and create housing and supports for five people. These five adults "have a dire need for a place to live" and either live an a group home "that is not appropriate for their needs" or are living with aging parents, Dern told Inclusion Daily Express in a telephone interview.
Dern and YAI/NIPD claim that the condominium board exercised its right of first refusal -- which amounts to buying a condo unit out from under a prospective buyer -- in this case specifically to keep people with developmental disabilities from moving in.
...
"I personally over the past 30 years of developing group homes in the New York Metropolitan area can tell you people have said discriminatory things against people with developmental disabilities. If you were to use the same exact language that they use, and substitute another class of people, they would never imagine saying anything like that...I happen to be an Irish Catholic. Would anyone say that letting anyone who is Irish Catholic into our neighborhood would lower our property values and our quality of life?"
To read the rest of the article, click above.
Via Inclusion News Daily
The article states:
"Last August, YAI/NIPD made an offer on two condo units at a cost of $1.3 million. The plan was to purchase the units, which are located next to each other on the same floor, and create housing and supports for five people. These five adults "have a dire need for a place to live" and either live an a group home "that is not appropriate for their needs" or are living with aging parents, Dern told Inclusion Daily Express in a telephone interview.
Dern and YAI/NIPD claim that the condominium board exercised its right of first refusal -- which amounts to buying a condo unit out from under a prospective buyer -- in this case specifically to keep people with developmental disabilities from moving in.
...
"I personally over the past 30 years of developing group homes in the New York Metropolitan area can tell you people have said discriminatory things against people with developmental disabilities. If you were to use the same exact language that they use, and substitute another class of people, they would never imagine saying anything like that...I happen to be an Irish Catholic. Would anyone say that letting anyone who is Irish Catholic into our neighborhood would lower our property values and our quality of life?"
To read the rest of the article, click above.
Via Inclusion News Daily
Wednesday, February 28, 2007
Parents of boy with autism fight for right to self represent in court
Via the Washington Post:
"Parents should not be forced to hire a lawyer to sue public school districts over their children's special education needs, the lawyer for parents of an autistic child told the Supreme Court Tuesday."
In the case of Winkelman v. Parma City School District, 05-983, the Winkelmans have spent about $30,000 on lawyers.
The article reads:
"Most federal courts have said parents don't have the right to sue and, if they are not lawyers, cannot represent their children in lawsuits filed under the Individuals With Disabilities in Education Act, the main federal special education law."
The parents do not want their son educated in the public school but in a private school that costs $6000 a year.
"Parents should not be forced to hire a lawyer to sue public school districts over their children's special education needs, the lawyer for parents of an autistic child told the Supreme Court Tuesday."
In the case of Winkelman v. Parma City School District, 05-983, the Winkelmans have spent about $30,000 on lawyers.
The article reads:
"Most federal courts have said parents don't have the right to sue and, if they are not lawyers, cannot represent their children in lawsuits filed under the Individuals With Disabilities in Education Act, the main federal special education law."
The parents do not want their son educated in the public school but in a private school that costs $6000 a year.
Thursday, January 11, 2007
Disabled boy's parents sue utility company...
..for shut off of services, causing his ventilator to go off until his parents could rig up a backup generator. The shutoff took place despite the fact that their file was marked special needs and apparently late payments were made up. Officials state that mistakes get made because so many personnel are involved - click above to read.
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