Category Archives: diversity
Do I still have a claim? – Effects of Cummings v. Premier Rehab on the future of claims under the Americans with Disabilities Act or Section 504
By Matthew W. Dietz .pdf version On April 28, 2022, the United States Supreme Court, in Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022), found that damages are unavailable for discrimination without a physical injury in all federal disability laws (such as the ADA and Section 504), and some sex and… Read More »
As a disability rights lawyer who represented persons with disabilities for the past 25 years, I am often asked by persons with both visible and invisible disabilities about best practices in attempting to find a job and to keep a job. So, for National Disability Employment Awareness Month, I will share my top 10 points.
Paralympian Shawn Cheshire Wins Gold When Fighting for her Rights to go to LA Fitness and Work Out Independently
It is always an honor to work for a person whos talent and dedication is world-class. this year, I had the opportunity to work for Shawn Cheshire to vindicate her rights to be able to work out independently at an LA Fitness by her home in Florida. Shawn is a Paralympic cyclist who raced… Read More »
Mental health month is always a good time to remind the legal profession that we still have a profession that stigmatizes applicants and lawyers that have mental illness or past histories of substance use disorder and that has a practice of conditioning the ability to practice law on mandated treatment and conditions that may… Read More »
October 2020 Bar Exam takers – Welcome to the Bar: Time to Change the Florida Bar Admission Process from a Hazing Ritual into Collaborative Process.
If the Florida Bar Exam moves forward on October 13th, (which I hope that all the pieces fall together, and it is successful), I would like to welcome you into our exclusive club of Florida Lawyers. But I would like to apologize for the period of hazing that you have undergone because of our… Read More »
This year has been a year of unprecedented stress for students in law school, graduates, and new lawyers. If you feel overwhelmed and would like help, but afraid of repercussions to your license or your career, send me an email at firstname.lastname@example.org, or call me at (305) 669-2822. No judgment – just free advice from a disability rights lawyer with over 20 years of experience in assisting people to be treated fairly and without stigma.
Ms. Washington was targeted by a housing provider who felt emboldened to prey on a vulnerable resident who could not move to a new location because of the lack of affordable housing options. For months, Ms. Washington was subject to racial and sexual harassment, false reports to authorities so she would have her children removed or housing vouchers revoked, harassment of her guests because of their color, and a wrongful eviction.
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.
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 »
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.
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.
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.
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 and help you to reach your vocational goal. Vocational Rehabilitation (VR) Is a federal-state program that helps people who have physical or mental disabilities get or… Read More »
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 »
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 »
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 »
Can you be drafted in the military if you have a disability?
What constitutes a disability that would make you ineligible to be drafted?
Turns out that the least of Abbot House Condominium’s worries should have been whether Rachel Siler would not be able to get around in her wheelchair and would injure herself. Maybe instead of assuming she was an invalid who sleeps with her personal assistant, the Condominium Board should have started with the premise that she had a job, a life, and a passion for helping others. The real liability was the failure to acknowledge Rachel Siler as the die-hard disability advocate who works to help others destroy attitudinal barriers and harmful stereotypes.