Recent Blog Posts
Are you requesting to saddle the camel or cut off its hump? Reasonable accommodations under disability rights laws
By Matthew W. Dietz, Esq. On September 18th, the Eleventh Circuit Court of Appeals decided Schaw v. Habitat for Humanity of Citrus County, in a very easy to read opinion that spelled out the process for determining whether an accommodation for a disability is reasonable and necessary. U.S. Circuit Court Judge Kevin Newsom, the… Read More »
For twenty years as a disability rights lawyer, I still feel compelled to explain to judges or attorneys that I am not like the attorneys who file the carbon-copy ADA cases that clog the federal docket. Today is another day which I feel compelled to explain myself. On Friday, Senior U.S. District Court Judge… Read More »
By Matthew Dietz Introduction: Almost nothing has engendered more controversy than turkeys, peacocks, and pigs on commercial aircraft. As a result of the many passengers who choose to bring their animals on aircraft, airlines have been establishing new guidelines without oversight or guidance from the Department of Transportation and their view of enforcement of… Read More »
I am so excited and proud to be the Chair of the Animal Law Section of the Florida Bar. At the 2019 Florida Bar Convention, we educated the mind and soul of the membership of The Florida Bar.
When the police arrived at his unit, Raymond Bishop refused to drop his weapon. After the police plead with him for three minutes, Mr. Bishop raised his pistol. He was killed. His two dogs, Roxie and Ranger were cowering in Raymond Bishop’s bed. On his desk, there was a suicide note:
As a disability advocate, and as Arnaldo Rios-Soto’s lawyer, the trial of Officer Aledda is a watershed moment. Will Arnaldo be deemed to be inherently dangerous because he is different? Will there be a stereotype that because Arnaldo lives with a developmental disability, the fact that he was targeted was justified? I hope not.
The fear I’m facing is not because of the actual steps I’ve started taking again or the actual act of being up on my feet. The fear is from the unknown. Just as I faced years ago in the dark. Will I fall, or will I balance? Will my body give out, like it did so many times before, or will I stand and walk safely as I did for years and years before? The fear is crippling and debilitating. It creeps in to my therapy to the point where it prevents me from standing on my own because I’m so scared of what might happen
Greyhounds are very friendly, affectionate, gentle, quiet, sweet, loyal, clean, loving, sensitive, trusting and good natured dogs that would make great emotional support animals.
Are Doctors or Hospitals Required to Provide Interpreters for Deaf Patients and what are the penalties for not doing so?
A Deaf patient has the right to participate in his or her care to the same degree as a hearing person, including conveying and receiving medical information from doctors or a hospital. The ultimate result of the treatment does not matter as much as having the ability to understand the entire treatment.
Aftereffect is a podcast produced by WYNC Studios, and hosted by Audrey Quinn. In this series, Audrey weaves Arnaldo Rios-Soto’s story and explains how Florida is ill-equipped to provide adequate community-based services for him, and what he went through. The synopsis of the eight episode series is as follows: In the summer of… Read More »
A settlement is an agreement between two parties as a resolution of a case and does not affect the rights of any third party. Even a judgment only affects the parties involved. The only method to insure compliance with the ADA or any other statute that includes standards for compliance – is to comply with such standards. With the Americans with Disabilities Act, It’s been almost 28 years since the statute has been enacted. For defense attorneys who do not obtain compliance with the standards to obtain a settlement, their clients will always be subject to additional suits. In other words, it’s a gamble, and it could be penny wise and pound stupid.
The question for all persons who focus on wellness is how to maintain mental, spiritual, and physical balance when being besieged by crisis (both real and perceived) from all sides. In this issue, I give my answer – Lucy. To quote my favorite industrialist, Willie Wonka, – “A little nonsense now and then is relished by the wisest men.” #WellLawyer
It’s amazing to think so many emotions can be tied to pieces of cloth hanging in your closet. It happens to all of us, though. Not just after a traumatic experience. We all keep the jeans we wore in college, or the pretty dress from that special first date. It’s not necessarily the article of clothing itself is that special; it is the connection that piece of cloth represents to an important moment of time in your life.
On Sunday April 15, 2018, Judge Merrilee Ehrlich stripped any shred of dignity or humanity from a 59 year-old woman, who appeared before her, in her first appearance before the court after being arrested. In as much as the video and the transcript demonstrate how unhinged Judge Ehrlich acted towards this women, and how the Court staff and lawyers, like palace eunuchs, allow such unabated behavior to continue. However, the outrage from the surface must be examined, and lead to thorough introspection and change, and not merely the retirement and resignation of this long-time judge.
So, I thought I could add my two cents to the conversation and suggest an alternative to the negative term, “wheelchair bound.” I think we can, and we should do better. The next time you find yourself describing someone like me, who rocks a chair, try this one out for size: –“Do you know Justine? Yes. I do. I heard she’s Wheelchair Strong.”
Through vigorous physical therapy over the past two years I am starting to walk again. First it was just a few steps, now I am able to walk outside and close to the length of a football field. I am getting my life back, all because I have had this therapy which Medicare has provided to me. I am excited about the future now and am getting back on my feet. … This is why I ask you to please vote to repeal the Medicare cap so that those of us who truly are benefiting can continue to do so, and thousands more will be able to do so in the future. The cap is currently so limiting for those of us who need more than just a few visits. And the out of pocket cost would be astronomical for patients who are making progress getting back on their feet again.
By Matthew W. Dietz and Carlos J. Martinez Twenty years ago, when a 7-year-old had a temper tantrum in a public school, the school would suspend the child. The police would not be called, and it would be unthinkable to subject the child to an involuntary mental examination in a psychiatric ward of… Read More »
By: Justine Chichester “Approach the New Year with resolve to find the opportunities hidden in each new day.” – Michael Josephson I’ve decided to take a new approach to my New Year’s resolutions this year. In the past, I’ve done what most of us do, swear up and down to lose weight, exercise more,… Read More »
By: Matthew W. Dietz On January 22nd, I was honored to represent Disability Independence Group and speak on behalf of The Florida Hate Crime Coalition (FHCC). They applauded the recent filing of legislation that would strengthen Florida’s hate crime law. This bill, Florida HB 211 and SB 588, ensures that all persons are protected… Read More »
Disability Rights are Civil Rights, and every civil rights movement has its heroes. For the Disability Rights movement, the father of the independent living movement is Ed Roberts. At a time when a person with polio was expected to spend his days in an iron lung, and not expected to participate in the community, Ed Roberts persisted, lived, and participated in his life and community.