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

Justice Department Sues Attorney for Disability Discrimination

Patti's Comments:  As a person with bad asthma and allergies to animals, the first thing I thought of is Why did this attorney say no?  Is there a reason for this refusal? I sure hope so...

Excerpt from Disabled World: (click for entire post)

The United States has filed a lawsuit against Patric LeHouillier, an attorney based in Colorado Springs, Colo., alleging that he violated the Americans with Disabilities Act (ADA) by denying a woman with a service animal access to his offices, the Justice Department announced. The complaint, filed today in federal court in Denver, alleges that the attorney denied access to a woman, her husband and her attorney because the woman was accompanied by her service animal, an Australian Shepherd dog trained to provide disability-related assistance.

Disabled Student Sues University Over Exam Time

Patti's Comments:  Important ADA case against Princeton…

Excerpt from CentralJersey.com: (click for entire article)

A Princeton University freshman with learning disabilities has filed a lawsuit against the university after it denied her request for extra time while taking exams. The Ivy League university informed student Diane E. Metcalf-Legette in September that she would not be granted 100 percent extended time, or double time, on examinations and other course assessments as she had requested, according to court documents.

In response, her attorneys filed a civil complaint last week in the U.S. District Court of New Jersey. Brought under Title III of the Americans with Disabilities Act, it seeks injunctive relief, attorneys fees, costs and other expenses.  The day after it was filed, U.S. District Judge Anne Thompson denied a temporary restraining order on the basis the plaintiff failed to show she would suffer irreparable harm if it were not granted.

Measure Offers Choice And Independence For People With Disabilities

Excerpt from Sober at the Party: (click for entire blog post)

Disability advocates from around the country travel to Washington to rally with lawmakers
A measure introduced today in both the U.S. Senate and U.S. House will offer choice and independence for people with disabilities. The Community Choice Act, legislation sponsored by Senator Tom Harkin (D-IA) and Congressman Danny Davis (D-IL), will bring people with disabilities into the mainstream of society and provide equal opportunity for employment and full involvement in community activities. It allows people with disabilities who need an institutional level of care the choice of receiving their services and supports in their own communities, rather than in an institution.

“The legislation sends a message to the rest of Congress and to America: We want real homes, not nursing homes,” said Harkin, one of the authors of the Americans with Disabilities Act. “Our current system effectively forces people into institutions and requires them to impoverish themselves in order to become eligible for the assistance they need. It is wrong – and this legislation changes it.”

“This legislation allows States and consumers to obtain more cost effective long-term services in the most appropriate setting for the individual. Individuals with disabilities will be able to chose between services in an institution or services at home permitting more independence, more dignity and reduced cost,” said Congressman Davis. “Without any new entitlements, The Community Choice Act will allow the dollars to follow the person, and allow individuals, or their representatives, to choose where and how to best receive services and supports.”

Under the U.S. Supreme Court’s decision in Olmstead v. L.C. (1999), individuals with disabilities have the right to choose to receive their long-term services and supports in the community, rather than in an institutional setting. The Community Choice Act would amend Title XIX of the Social Security Act to make community-based attendant care services an alternative for Medicaid recipients who are “institutionally eligible” for nursing home care.

Disability advocates from around the country traveled to Washington today to rally with the lawmakers as they announced the introduction of the measure, which is supported by all of the major disability organizations.

Please contact Senator Tom Harkin and Representative Danny Davis to thank them for reintroducing the Community Choice Act.  And be sure to contact your political representatives to support this act too!

Diabetic man wins Americans With Disabilities Act ruling

Patti's Comments:  A new ADA case...

From The LA Times: (click for entire article)

In a decision with potential implications for the nation's 24 million diabetics, a federal appeals court ruled Friday that a Type 2 diabetes patient may be entitled to the protections of the Americans With Disabilities Act.

A lower court was wrong to dismiss a case brought by Larry Rohr of Mesa, Ariz. -- who alleged that his public-utility employer discriminated against the disabled in pushing him out of his job -- on the grounds that his disease did not constitute a disability, the U.S. 9th Circuit Court of Appeals ruled.

Driving Not a Major Life Activity under the Americans with Disabilities Act, Circuit Court Decides

Patti's Comments: This is a good report about a recent ADA case folks should be aware of.

From Jackson Lewis: (click for entire article)

The U.S. Court of Appeals for the Tenth Circuit has ruled that driving is not a major life activity under the Americans with Disabilities Act, in a case of first impression. Kellogg v. Energy Safety Servs. Inc., No. 07-8072 (10th Cir. Oct. 15, 2008). Vacating a jury verdict in favor of an employee who could not drive because of epilepsy, the court found that the trial court’s jury instruction stating driving was a major life activity was erroneous. In its verdict, the jury did not identify what major life activities the plaintiff was substantially limited in performing. As a result, the court could not determine if the erroneous instruction affected the verdict and, accordingly, ordered a new trial.

ADL Applauds New Law to Protect Persons With Disabilities

Patti's Comments:  The ADA was signed yesterday!

From the ADL: (click for entire article)

The Anti-Defamation League (ADL) welcomed a new law that will restore robust protection against workplace discrimination for millions of disabled Americans.  Signed into law today by President George W. Bush, the ADA Amendments Act of 2008 is designed to restore broad workplace protections for persons with disabilities  -- as originally intended by Congress in the Americans with Disabilities Act of 1990 (ADA).

"All Americans deserve an opportunity to earn their livelihood free from discrimination on the basis of any personal characteristics, including physical or mental disabilities," said Abraham H. Foxman, ADL National Director.  "This new law will go a long way toward restoring fairness and equal rights for persons with disabilities in the workplace."

Since the enactment of the Americans with Disabilities Act, courts have unduly narrowed the definition of disability and the protections provided by the law.  The ADA Amendments Act of 2008 closes gaps in workplace protection, providing strong redress for discrimination against persons with disabilities.

The legislation passed by overwhelming, bipartisan majorities in both the House of Representatives and the Senate.

ADA Amendments Act

Patti's Comments: Now all that we need is the President’s signature!

From Bazelon Center for Mental Health Law: (click for entire article)

The Bazelon Center for Mental Health Law commends members of Congress in both parties for their overwhelming support for the ADA Amendments Act, passed by yesterday's voice vote in the House. The bill, which the President is expected to sign, expands the definition of disability in the Americans with Disabilities Act and makes it easier for people with disabilities to obtain protection against disability-based discrimination.

ADA Amendments Act will Restore Vital Civil Rights Protections

Patti's Comments: Thank you the United States Senate for Approving the ADA Amendments!

From ADA Watch:  (click for entire press release)

The leaders of a national coalition of disability, civil rights and social justice organizations praised the U.S. Senate today for taking bipartisan action to restore vital civil rights protections under the Americans with Disabilities Act (ADA). In recent years, the ADA - the world's first human rights law for people with disabilities - has been dramatically narrowed in the courts leaving citizens with epilepsy, diabetes, mental illness, HIV-AIDS and other disabilities unprotected from discrimination. The ADA Amendments Act clarifies the intent of Congress and reverses the "judicial activism" that has resulted in more than 90% of employment-related ADA cases being dismissed on summary judgment.

Department of Justice Proposes Vast Changes in ADA Regulations

Patti's Comments:  Please consider submitting your comments.

From Disability Rights Education and Defense Fund:  (click for entire article and how to submit comments)

The Department of Justice recently issued major proposed revisions to its regulations implementing Titles II and III of the Americans with Disabilities Act (ADA).

Some of DOJ's changes are excellent, and urgently needed. It is important that the disability community laud these, to support DOJ against industry attack. Good proposals include adoption of the new 2004 ADAAG, stronger hotel reservation and ticketing provisions, recognition of psychiatric service animals, additional companion seating in theaters and stadiums, and stronger provisions for effective communication for people with hearing, visual, and speech disabilities.

However, there are also many draconian changes that would radically reduce the rights of people with disabilities.  For example, DOJ proposes:

• A significant weakening of the readily achievable barrier removal requirement for public accommodations;
• A significant reduction of elements required to be accessible in state and local government facilities;
• An exemption for all existing facilities from the new recreation and playground rules;
  and many others. 

DOJ must receive a flood of comments from the disability community in favor of a strong, comprehensive ADA. Comments must defend the principle of individual, case-by-case assessment, which DOJ is largely abandoning in favor of many blanket reductions. We must remind DOJ that the ADA is already carefully crafted to take the needs of covered entities into account, and that reductions to our civil rights would be a devastating blow to our daily lives.

Disabilities Act changes studied

Patti's Comments:  Interesting case studies on ADA.

From The Washington Times:  (click for entire article)

Thousands of gallons of water pulse through cascading waterfalls and rapids at Adventure Mini Golf in Lake Worth, Fla. The course, which covers about an acre, features different elevations with two sets of stairs connecting them. When people ask whether it's accessible for the disabled, owner Jerry Doser says he jokingly tells them, "No, but I'll paint some lines in the parking lot and put some cups out there, and then you can play. "But who wants to pay to play that?" he adds. Mr. Doser's course could soon enter the annals of miniature-golf history.

Miniature golf courses are among the millions of businesses and other public facilities that would be affected by proposed regulatory changes under the Americans With Disabilities Act, the milestone 1990 civil rights law that prohibits discrimination on the basis of disability.