Patti's Blog - Advocate for Elders, People with Disabilities and Their Families

USDOJ: Justice Department Settles with Flint, Michigan, to Make Voting Accessible to People with Disabilities

Excerpt from 7th Space: (click for entire article)

The Justice Department today announced a settlement under the Americans with Disabilities Act (ADA) with the city of Flint, Mich ., to make all the city’s polling places more accessible for individuals with mobility impairments.   The case was commenced based on a complaint from the Michigan Protection and Advocacy Service, and was investigated jointly by the Civil Rights Division and the United States Attorney’s Office in the Eastern District of Michigan.

Under the terms of the settlement, the city of Flint recognizes that accessible polling places are the cornerstone of its voting accessibility program and will make all of its polling places accessible to people with disabilities by the November 2012 elections.   The settlement also requires that accessibility will be a major factor in the city’s choices of future polling places.   To assist Flint to make its elections accessible, the Justice Department will provide technical assistance to the city in deciding whether a polling place location can be made accessible on Election Day.

“Voters with disabilities in the city of Flint will now have the opportunity to exercise their franchise in the same way as other voters in Flint,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We applaud the city’s commitment in ensuring equal access to the polls before the upcoming fall elections.”

Steinberg-Dutton ADA Lawsuit Abuse Legislation Clears Key Committee

Excerpt from Highland Community News: (click for entire article)

A measure authored by Senate Pro Tem Darrell Steinberg (D-Sacramento) and Senator Bob Dutton (R-Rancho Cucamonga), to curb predatory Americans With Disability (ADA) lawsuits against small businesses in California, cleared the Senate Judiciary Committee on a 4-1 vote.

Senate Bill 1186 is aimed to help California businesses comply with the requirements of the ADA without facing the threat of frivolous lawsuits.

Both Senators Steinberg and Dutton called the bill a work-in-progress and promised to negotiate with all interests groups before a final version is passed and sent to the governor for his signature.

CBS' 'Let's Make A Deal' Sued for Allegedly Not Providing Access to Disabled People

Excerpt from The Hollywood Reporter: (click for entire article)

A new lawsuit contends that it is very difficult for disabled individuals to appear as contestants on Let's Make A Deal, the TV game show that has been around for decades and now airs on CBS.

Two plaintiffs, Arnie Pike and Christie Rudder, both of whom use wheelchairs, are suing CBS Broadcasting, Fremantlemedia and other producers of the show, alleging they violated the Americans with Disabilities Act and California's civil rights laws in the way the show has allegedly failed to provide full and equal access to facilities and services.

The lawsuit filed on Friday in California federal court details the big obstacle course that those with disabilities have to go through in order to participate on Let's Make A Deal, which first aired in 1963, recently celebrated its 500th episode on CBS, and is famous for the way that the studio audience members wear costumes in order to get selected to be the "traders."

Disabled Thurston County man forced to 'pee in a cup' on Greyhound bus, lawsuit alleges

Excerpt from Q 13 Fox: (click for entire article)

A Thurston County couple is suing Greyhound and a partner, Rimrock, for noncompliance with the Americans with Disabilities Act after a hellish bus ride from Olympia to Detroit in which they claim that, among other things, one of the plaintiffs was forced to attempt to "pee in a cup."

Mike Williams is confined to a wheelchair after having had a stroke. He and his wife, Shirley Williams, are seeking damages in excess of $75,000 after Williams was allegedly mistreated on the  bus.

Health care providers settle ADA claims over not treating patients with HIV

Excerpt from Business Insurance: (click for entire article)

The U.S. Department of Justice has reached settlements with two health care providers who allegedly refused to service people with HIV in violation of the Americans with Disabilities Act.

The department said Sacramento, Calif.-based Mercy Medical Group Midtown Clinic and its parent, CHW Medical Foundation, agreed to pay $60,000 to the complainant and a $25,000 civil penalty, while Knoxville Chiropractic Clinic North in Knoxville, Tenn., is required to pay a $10,000 civil penalty.

The Justice Department announced the settlements on Friday and distributed its statement Monday.

Georgia's Treatment of Deaf Adults Violates ADA

Excerpt from Courthouse News Service: (click for entire article)

Georgia is discriminating against deaf people with developmental disabilities by denying them access to public mental health services tailored to the deaf, a federal judge ruled.
     Renita Belton and Matthew Erickson, two deaf adults with severe mental and developmental disorders, sued the state on behalf of all Georgians in need of mental health care who cannot benefit from state-funded services due to the lack of accommodations for the deaf. Both plaintiffs claimed that they had been unable to find deaf-appropriate group home care, and had no choice but to live at home with their families, who could communicate with them in American Sign Language.
     Belton, who required 24-hour "awake care" for her depression, due to the risk of harming herself or others, claimed she had been denied access to state-funded group home care, though she qualified to receive care in a community setting. Belton argued that her mother had contacted Medicaid-eligible group home providers, but they had turned her away, explaining they were not equipped to care for a deaf person in a group setting and lacked ASL-proficient staff.

Hotels Trying To Buy Time For Making Pools Accessible To The Disabled

Excerpt from The Consumerist: (click for entire article)

Warmer weather is headed our way, and with the heat comes the desire to take a dip into a cool pool. But it's not so easy for those with disabilities, which is why there's a May 21 deadline for pools at hotels and recreation centers to be accessible. Some pool operators are pushing back against that mandate and asking for more time.

The L.A. Times says a new regulation requires hotels and rec centers that operate public pools and spas to install or order permanent lifts by May 21. Pool ramps can also satisfy the requirement, but they're even more expensive than the $2,500-$6,500 the lifts cost to buy and install.

Advocates for disabled Americans and pool owners are at odds, with one side claiming better pool access is overdue, and owners trying to extend the deadline or have portable lifts fulfill the requirement.

Justice Department supports elimination of segregated sheltered workshops

Excerpt from LRS: (click for entire article)

The U.S. Department of Justice (DOJ) Civil Rights Division filed a Statement of Interest in Lane v. Kitzhaber to clarify that the DOJ interprets the integration mandate of Title II of the Americans with Disabilities Act (ADA) to apply to the unnecessary placement of people with disabilities in segregated sheltered workshops. Lane v. Kitzhaber is a class action lawsuit that seeks to end segregated sheltered workshops in the state of Oregon. The plaintiffs are represented by Disability Rights Oregon, Miller Nash, Perkins Coie, and the Center for Public Representation.

The lawsuit was filed in U.S. District Court on January 25, 2012 challenging Oregon's failure to provide supported employment services to more than 2,300 state residents who are segregated in sheltered workshops where they perform mundane tasks, such as folding UPS bags. The lawsuit charges state officials with violating the ADA and the Rehabilitation Act by confining individuals with disabilities to segregated settings where they have little or no interaction with people who do not have a disability, and who are paid far below the state's minimum wage.

The Handicaps of the Disabilities Act

Excerpt from Define Ideas: (click for entire article)

A recent story in the New York Times offers a surprising critique of the Americans With Disabilities Act when it comments on the “flood of suits” brought by a small number of individuals in wheel chairs against a wide range of small businesses in New York City. These quasi-professional litigants scour the landscape to identify businesses whose premises are not in compliance with the elaborate access rules set by the ADA. Then, for a fee of around $500, they refer their discoveries to specialist lawyers who force expensive settlements with the hapless owners, collecting lucrative fees for themselves in the process, usually without litigation.

One successful ADA lawyer, Martin Coleman, puts it bluntly: “As a private attorney, every lawsuit that I file is to make money, because that’s how I make a living. . . . And in that regard, I’m no different than any other private attorney.”

Does ADA Require Trained ASL Interpreters Prior to Arrest?

Excerpt from Law Office of Matthew Stoloff: (click for entire article)

In January 2006, the Department of Justice published an informative pamphlet, “Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers.”

The purpose of the pamphlet was to inform and instruct law enforcement agencies of their obligations under the Americans with Disabilities Act when dealing with deaf and hard of hearing individuals. For example, if a deaf person’s primary means of communication is sign language, the police department may be required to provide a trained sign language interpreter to facilitate effective communication. If a sign language interpreter is required, it must be provided at no cost to the deaf person.

For obvious reasons, a family member or friend should not act as an interpreter. (See Commonly Asked Questions about The Americans with Disabilities Act and Law Enforcement.) After all, family and friends have personal and emotional attachments; and they may either misinterpret what is being said or signed; or they may not interpret everything that is conveyed in context.