Tag Archives: ada
HHS announces a historic notice of proposed rulemaking for section 504!
Below is a summary of this important update and what it means for people with disabilities.
There will be a public comment period for this proposed rule. The comment period will be open for 60 days for members of the public to provide comments. The comments must be received on or before November 13, 2023.
“The most interesting man in the world” is what my friends would joke around with me and say. Son, brother, husband, father of two young children. Pilot, airframe and powerplant mechanic, marine seaman, operations manager. Life was full. Full of adventure and full of promise. One bite, and in a moment, it took a turn for what could be perceived as the most daunting and uncertain life ahead.
Florida, and many other states, have a policy that, before removing a child from the home, the state must exhaust all reasonable efforts to ensure that families remain unified and must give parents with disabilities reasonable accommodations to do so.
August is National Immunization Awareness Month and the perfect time to catch up on your vaccinations.
I didn’t have an easy childhood and there are a lot of painful memories looking back on it. However, I think this one carries a particular sting because it was my first realization that I was different, and my life wasn’t going to be “normal.” It was also in this moment that I began to recognize my own power.
The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
In the case of an evacuation, you must be prepared to go to a safe zone or transport yourself to an emergency shelter. Emergency shelters accept all people of all abilities as long as they are open, but if you require additional assistance you may want to look into the Emergency and Evacuation Assistance Program (EEAP) or registering at a Special Needs Shelter.
An alternative option should be provided immediately when an accessible element is not available. A governmental entity must make its programs or services, and a public accommodation must make its goods, services, facilities, privileges, advantages, or accommodations, available through alternative methods such as (1) providing curb service or home delivery; (2) retrieving merchandise from inaccessible shelves or racks; and (3) relocating activities to accessible locations.
An adequate transportation system that provides equal access is an essential component to ensuring persons with disabilities can live independently.
We must train all of those who may interface with children with disabilities on this topic and give them the resources they need to recognize abuse and stop it.
One of the fundamental rights of our democracy is the right to independently and privately mark, cast, and verify a ballot. Several laws have been passed to ensure that people with disabilities have these same voting rights. However, many voters with disabilities still do not have equal access and choice for the voting method that they prefer.
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.
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 »
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 »
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.
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.
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 »
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.