Tag Archives: ada
Accessibility & Awareness in Architectural Design
Provisions for accessible elements should not just stem from mandates, but precisely be the result of careful thought and awareness. Only then will that stylish, hip restaurant recognize accessibility as a positive and incorporate its elements not simply as an afterthought … but as a jeweled accent in its overall brand design.
Parenting with a Disability
We are now 29 years after the passage of the ADA, and Buck v. Bell has never been overturned, and several states still have some form of involuntary sterilization laws on their books.
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 »
National Disability Employment Awareness Month 2021 – “America’s Recovery: Powered by Inclusion”
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 »
Is your club truly private? Piper the Service Dog vs. Boca Ciega Yacht Club
Piper is a dog, but she also has an uncanny talent for killing bees. This talent has aided her partner, Samantha Ring, who lives with severe allergies to bees and sunflower seeds and has a history of anaphylactic reactions to both. Piper saved Ms. Ring’s life by killing a bee while Ms. Ring was out on her boat without her EpiPen, so she decided to keep Piper and train her to be a service dog. On July 12, 2021, Piper the Dog finally got her day. The Eleventh Circuit Court of Appeals reversed his partner’s case and found that there are certain questions of fact that need to be resolved before deeming the Boca Ciega Yacht Club in Gulfport Florida, a “private club” for purposes of the private club exemption under the Americans with Disabilities Act.
New Florida Statute Requiring Resource and Benefit Information for Individuals with Disabilities
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.
Florida Legislature Animal Bill Update and Positions
Since its inception in 2002, Disability Independence Group has been active in enhancing options for persons with disabilities to benefit from the assistance and companionship of animals. Our advocacy ranges from ensuring that service animals and emotional support animals are permitted in housing and employment to embedding therapy animals in social services agencies that… Read More »
Last in Line – COVID-19 Vaccine Distribution has Failed Seniors with Disabilities.
There is no excuse why we are not providing equal access to the vaccine program for seniors with disabilities. By having a first come/first served regimen to vaccinate, and denying accommodations to the most vulnerable, this places persons with disabilities last.
Valuing and Devaluing the Disabled Human Life in Florida
The response to this outbreak is far from the empathetic “American Way,” but instead, we have lapsed into the Hobbesian ethic, where we deny essential testing to the most vulnerable, deny scarce life-saving equipment, rationalize the denial by claiming that the old and disabled would have died in any event. Then to place insult onto the injury, Florida may immunize those who deny care from total immunity. Even in the event we are overreacting to this pandemic, it still should be a clear signal that disability discrimination may be the only tenet that will be alive and well in our society.
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 »
When Losing your Emotional Support Dogs is Too Much To Much to Bear
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:
Can Greyhounds be Emotional Support Animals?
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.
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.
Summer Fun in Sunny Florida
By: Lorinda Gonzalez …it’s a smile, it’s a kiss, it’s a sip of wine … it’s summertime! – Kenny Chesney The temperature is rising and soon everyone will hit the beach. Summers in Florida are epic, and people travel from all over the world to feel the warm sun on their face. As… Read More »
Arnaldo Rios Files His Lawsuit
Arnaldo Rios-Soto is the 27 year old Autistic Man who was involved in the North Miami shooting on July 18, 2016. Arnaldo was sitting in the middle of the street by his group home with his favorite toy truck, rocking back and forth. His hand movements and rocking behavior was self- soothing behavior that… 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
A Landlord Cannot Force you to Declaw your Emotional Support Cat or Charge you a Cleaning Deposit for your Emotional Support Dog!
For a person with depression and anxiety, an emotional support animal provides the impetus to wake up in the morning and go to school or work. For Austin Cline, a student at Hillsborough Community College, Luna, his dog, gives him the ability to leave his parents house, go to college and then go… Read More »
No Wheelchair Users Allowed in a Miami Beach Condo!
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.