Category Archives: disability
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 – A SWAT team, an autistic man, an American tragedy.
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 »
How Hooters killed a Bad Florida Pro-Business ADA Protection Law
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.
Lessons From the Humiliation and Death of Sandra Faye Twiggs
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.
Young children should not be arrested in school and sent to psychiatric hospitals
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 »
Happy Ed Roberts Day – January 23rd
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.
Fake Interpreters in Florida
When a Sign Language interpreter gestures in gibberish, it places the lives of the members of the Deaf community at risk. This must stop, and Florida must license and regulate sign language interpreters.
Five Things that I’ve Learned at the 2017 Ruderman Inclusion Summit
I have been an active participant, advocate, and lawyer in the Disability Rights movement for the past twenty years, so I am always excited to hear new views or learn new skills. Last week, Debbie and I attended the Ruderman Inclusion Summit in Boston where we had the opportunity to meet with about 1,200… Read More »
Florida’s Not So Happy Anniversary Present To the Americans with Disabilities Act
On the same month as the 27th anniversary of the Americans with Disabilities Act, a Florida law came into effect that shields businesses from liability in ADA lawsuits. Section 553.5141, Florida Statutes, permits certification of a public accommodation as compliant with Title III of the Americans with Disabilities Act if an expert designs a… Read More »
Disability Discrimination Ordinance Has More Teeth Than A Denture Provider
A law with teeth is more powerful than a pair of dentures. – On July 18, 2016, Mr. McDowell filed a complaint against Affordable Dentures for disability discrimination in violation of the Housing and the Places of Public Accommodation Ordinance. The County did a full investigation and made a finding that Mr. McDowell was the subject of discrimination on March 7, 2017, and with the facilitation of the Palm Beach Office of Equal Opportunity, entered into a Conciliation agreement
Are Doctors or Hospitals Required to Provide LIVE Interpreters for Deaf Patients?
By: Matthew Dietz I will remember that there is art to medicine as well as science, and that warmth, sympathy, and understanding may outweigh the surgeon’s knife or the chemist’s drug. Modern Hippocratic Oath You can’t always get what you want You can’t always get what you want You can’t always get what you… Read More »
Katy Daniel-Rivera wins $75,000 jury verdict from Keiser University
On April 19, 2017, a jury of eight people, none of whom were deaf or knew anyone who was deaf, awarded Katy Daniel-Rivera $ 75,000 and found that she was subject to intentional discrimination based on disability because she was not provided the opportunity to enter into Keiser University’s Radiologic Technology program.
SETTLEMENT UPDATE – Fired Because of Cancer
In August 2015, DIG represented Gregorio Reyes in a case where he claimed that he was terminated because he had cancer. This month, IDEX Corporation agreed to pay $380,000 to Mr. Reyes and furnish significant relief to resolve a disability discrimination lawsuit filed on his behalf by the U.S. Equal Employment Opportunity Commission (EEOC).
The View from Here – April 2017
By: Justine Chichester The last time I drove a car was September 20, 2014. I remember that day like it was yesterday, and yet with everything that’s happened over the past couple of years, it seems like a lifetime ago. Of all the things my injury has taken from me, my ability to walk,… Read More »
Making your home and property accessible for persons with disabilities following a hurricane
In times of disasters, most people focus on rebuilding, increasing accessibility for persons with disabilities does not register as important or necessary. However, not only are accessible alterations required by law, they are frequently covered by most insurance policies as compliance with code or ordinance of law.
Deaf Inmates Will Receive Services in Miami-Dade Jails
As a result of non-compliance with disability rights laws, Deaf prisoners are not provided adequate access to communication with their family and lawyers, adequate medical services, and may be assaulted and victimized without recourse.
Work Incentives Protecting Health Coverage for People with Disabilities
by Lesley Lopez Many SSA beneficiaries are afraid of losing their health insurance coverage because of employment, however, SSA provides protections to SSA beneficiaries to be able to work and keep their Medicare or Medicaid. Extended Medicare Coverage for Working People with Disabilities. Beneficiaries receiving SSDI As long as your disabling condition… Read More »
Diversity – Does it Matter in the Legal Profession?
By: Matthew Dietz The Florida Bar is fully committed to the enhancement of diversity within the Bar, the legal profession, legal education, and in the justice system, and affirms its commitment toward a diverse and inclusive environment with equal access and equal opportunity for all. –The Florida Bar Board of Governors, May 2010 On… Read More »
Employment Support for People with Disabilities
If you are disabled and you are pursuing employment, you are not alone. You can find many agencies providing employment support that will help you reach your vocational goal. Vocational Rehabilitation (VR) Centers for Independent Living Employment Networks Disability Program Navigator Initiative Disability Rights Florida The Job Accommodation Network (JAN)
IS HEALTH CARE ONLY FOR THE “ABLE BODIED”?
People with disabilities tend to be in poorer health and to use health care at a significantly higher rate than people who do not have disabilities. Larry McDowell is not a statistic, but instead a blatant example of an issue which needs to be addressed. Equality in health care is not a benefit, but a basic right.
