Category Archives: olmstead
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 »
On June 16th, Governor DeSantis signed a bill into law requiring more information to be provided to persons with disabilities for services that are available. The purpose of the law is to provide information for services available for persons with disabilities other than services on the Medicaid Home and Community-Based Services (HCBS) waiver. Currently, there are 35,000 individuals receiving waiver services through iBudget Florida, and as of December 1, 2020, 22,718 eligible persons with disabilities are on the waiting list to receive waiver funding and services.
On January 20, 2020, the U.S. Department of Housing and Urban Development published new guidance on Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act. The goal of the document is to provide both housing providers and persons with disabilities guidance on what is required to… Read More »
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 »
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.
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 »
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 »
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.
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.
By: Matthew Dietz On August 18, 2015, Carl Starke, an Autistic man, was shot by three teenagers who were casing the Wal-Mart parking lot for cars to steal; they spotted Carl in the parking lot, and followed him home. They somehow noticed that he had a disability – he was marked as a “soft… Read More »
Karl Hunt- SUPERHERO of Fair Housing. Karl stood up for his rights and held firm despite the hardship in doing so. He paved the way for many other persons with intellectual or developmental disabilities to live in their homes, and not to get bullied or evicted because of their disabilities.
In my life, I define independent living simply as living my life my way. I knew at a young age that I wanted to move out of my parent’s home and get my own place. My goal was not to always depend on my mother to provide me care, but instead to live independently by finding a way to acquire long-term care coverage that would pay for personal care assistants to help me on a daily basis.