JFActivist

Lawsuits Test Association Provision of ADA

From the Wall Street Journal (June 3):

Lawsuits Test Disabilities Act
By Jane Zhang

Two lawsuits now pending could open the door to many more claims under a little-known provision of the Americans With Disabilities Act that protects the jobs of relatives and other caregivers of disabled people.

In the most prominent case, says she was fired in 2005 by Proctor Hospital in Peoria, Ill., as a result of her disabled husband's extensive medical bills. In the other case, a couple from Wyoming employed by the same company, PacifiCorp, alleges that the utility company fired them to avoid the costs of treating their son's brain tumor. Both lawsuits argue that the plaintiffs faced "association discrimination" based on a worker's association with a disabled person...


...Read more.

Justice Department Settles Discrimination Case with Connecticut Landlord

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JUSTICE DEPARTMENT SETTLES DISABILITY DISCRIMINATION CASE

WITH CONNECTICUT LANDLORD FOR $115,000

WASHINGTON - The Justice Department today announced a $115,000 consent decree settlement to resolve a lawsuit alleging that a Windsor Locks, Conn., landlord violated the Fair Housing Act by refusing to grant a tenant’s requests for a reasonable accommodation.

The lawsuit, filed on Aug. 1, 2007, in the U.S. District Court for the District of Connecticut, alleges that Mahmoud M. Hussein refused to grant a reasonable accommodation from his no-pets policy so that his tenant’s minor daughter could work with an assistance dog to help with her cerebral palsy, seizure disorder, and depression.  The lawsuit further alleges that Hussein retaliated against the mother and daughter after they attempted to exercise their rights under the Fair Housing Act by refusing to renew their annual lease and beginning eviction proceedings.  The tenant and her daughter filed a separate lawsuit that also will be resolved by the consent decree.

Under the consent decree, which is pending approval by the court, the defendant will pay $115,000 in monetary relief, including $102,000 to compensate the tenant and her daughter and $13,000 in attorneys fees.  Additionally, the defendant will attend fair housing training;  implement a reasonable accommodation policy; and comply with notice, monitoring and reporting requirements.

“In this case, a child with severe disabilities was denied an assistance animal,” said Grace Chung Becker, Acting Assistant Attorney General for the Civil Rights Division. “We are pleased that this settlement will compensate the child’s family and protect their housing rights.”

The lawsuit arose as a result of a complaint filed by the tenant on behalf of herself and her daughter with the U.S. Department of Housing and Urban Development (HUD). After an investigation of the complaint, HUD issued a charge of discrimination, and the complainant elected to have the case heard in federal court.   

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.  Since Jan. 1, 2001, the Justice Department’s Civil Rights Division has filed 247 cases to enforce the Fair Housing Act, 117 of which have alleged discrimination based on disability.  More information about the Civil Rights Division and the laws it enforces is available at http://www.usdoj.gov/crt.  Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line (1-800-896-7743), email the Justice Department at fairhousing@usdoj.gov, or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.   

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Inmates with Disabilities Face Shocking Conditions in L.A. Jails

From the Los Angeles Times (May 29):

Disabled inmates subjected to shocking conditions in Los Angeles County jails, advocates say

By Richard Winton

For several hours, as he waited to get booked for petty theft at the Los Angeles County Jail in October, Peter Johnson told deputies he needed to go to the restroom.

Although other inmates were free to use the facilities, Johnson -- a paraplegic -- was told there were none in the area equipped to accommodate the physically disabled. Guards, he said, seemed indifferent to his plight, telling him he simply had to wait.

"We are treated like the worst of the worst because of our disabilities," said Johnson, who ultimately lost control of his bowels and was forced to sit in his own feces for more than six hours...

...Read more.

Kindergartner with Asperger's Voted Out by Classmates

From CBS News (May 27):

Kindergartner Voted Out By Students

A  Port St. Lucie, Fla., mother is outraged and considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.

Melissa Barton says Morningside Elementary teacher Wendy Portillo had her son's classmates say what they didn't like about 5-year-old Alex. She says the teacher then had the students vote, and voted Alex, who is being evaluated for Asperger's syndrome -- an autism spectrum disorder -- out of the class by a 14-2 margin...

...Read more.

PAI Sues National Day Care Center for Failure to Accommodate Student with Epilepsy

From Protection & Advocacy, Inc.:

FOR IMMEDIATE RELEASE
 
Contact:   
Andrew Mudryk
Southern California Director of Litigation
Protection & Advocacy, Inc. (CA)
Phone: (619) 239-7861
E-Mail: Andrew.Mudryk@pai-ca.org    

Tuesday, April 01, 2008

PAI Sues National Day Care Center for Failure to Accommodate Student with Epilepsy

Protection and Advocacy, Inc. recently received court approval to add the Epilepsy Foundation of America as a plaintiff in a previously filed lawsuit in Federal Court against Tutor Time Child Care/Learning Centers, LLC for its discriminatory policy against a child with epilepsy. The suit, filed in the Central District Court of California, asserts that the Center in Mira Loma has violated the Americans with Disabilities Act, the Unruh Civil Rights Act, and the California Disabled Person's Act by refusing to administer first aid or medications to children who attend the Center.

Tutor Time is a nationwide chain of centers that provides after school care to children. There are approximately 125 corporate and 75 franchise Tutor Time Child Care/Learning Centers in the U.S. As a day care center, Tutor Time qualifies under the ADA as provider of public services, and therefore must make reasonable accommodations to enable children who have disabilities to access its programs.

The Epilepsy Foundation joins Cade Rager as a plaintiff in the case. Eight year old Cade has occasional grand mal seizures, which, if left unattended, can cause serious injury, brain damage, or death. However, in the event of a seizure, Cade may be administered a rectal drug that immediately aborts the attack and eliminates these risks. Cade's parents signed him up for Tutor Time, but when facility administrators learned of the boy's needs, they stated that staff would not administer this medication. Since Cade could sustain a serious brain injury or death if he does not receive the medication after 5 minutes of the onset of a seizure, Cade was unable to attend Tutor Time.

Andrew Mudryk, PAI's Director of Litigation for Southern California, is lead counsel in the case. He stated: "We are supporting the Rager family and the Epilepsy Foundation in this case because we know how important it is to reduce access barriers to children who have disabilities. For this family, life has become much more complicated because Cade may occasionally require a medication that is meant to be administered by lay people in the case of an emergency. It is unfair and illegal to deny him participation in a program like Tutor Time solely because of his disability."

The Epilepsy Foundation of America is an organization that provides education and advocacy services, estimates there are 400,000 Californians with epilepsy. Many members of the Foundation have been denied access to Tutor Time programs due to refusal to administer seizure medications.

PAI ( www.pai-ca.org) is a nonprofit organization that provides free legal advocacy services to Californians with disabilities throughout the state.

Father Who "Mercy Killed" Daughter with Cerebral Palsy Out on Parole

From Canada's Leader-Post (February 28):

Latimer paroled
National Parole Board's decision on Robert Latimer draws strong reaction

By Pamela Cowan

Trank Izer is infuriated by the National Parole Board's decision to release Robert Latimer on day parole because it targets disabled people.

"A decision like this sets a precedent so that if somebody executes someone with a disability they can plead mercy killing," said the Regina man. "It expresses the sentiment that people with disabilities are seemingly less valuable members of the community and basically puts a huge sign on the backs of people with disabilities that says, 'Kill Me, I'm Disabled.' "

Latimer was sentenced to life in prison with no eligibility for parole for 10 years after he killed his 12-year-old daughter Tracy in 1993. He contended it was an act of mercy because Tracy had cerebral palsy...

...Read more.

Advocacy Group Applauds Lowe's for Pulling Ads from Big Brother

From Salem-News.com (February 25):
   

Group Applauds Retailer for Pulling Ads From Big Brother

The group says their call for a boycott will continue until CBS apologizes.

(CLEARWATER, Fla.) - Family Network on Disabilities of Florida (FND) is today applauding the action of Lowe’s, the home improvement company. Lowe’s announced that they are pulling their advertising from the CBS show Big Brother because of the use of a slur against persons with disabilities by one of the contestants.

Rich La Belle, Executive Director of FND, stated: "Thank you, Lowe’s, for being a great corporate citizen and taking this courageous action."

The contestant Adam Jasinski, who claimed to be doing public relations work for the United Autism Foundation, refered to persons with autism as "r*t**ds" and, when called on it by another contestant, he repeatedly defends his actions...

...Read more.

Blind Woman's Lawsuit against Fast-Food Revived

From Associated Press (AP) (February 9): 

Appeals court revives fast-food lawsuit

NEW YORK - A federal appeals court reinstated the lawsuit Friday of a legally blind woman who says she was mocked and mistreated by workers at fast-food restaurants, including employees at one who directed her to a men's restroom, then laughed at her humiliation.

The 2nd U.S. Circuit Court of Appeals said Alice Camarillo of Catskill is free to pursue her claims after they were dismissed by a lower court judge in Albany, N.Y., on the grounds that she suffered no harm because she was always permitted to eat at the restaurants...

...Read more.

Biology Professor: "Moral Thing to Do" is Abort Down Syndrome Fetuses

From The Associated Press (February 16):

Professor's comments on Down's syndrome anger some students
A University of North Carolina professor has angered some of his students after saying he thinks fetuses with Down syndrome should be aborted.

Albert Harris, 65, made the comment in his embryology class. He has taught in Chapel Hill for 35 years.

"In my opinion," Harris wrote in his lecture notes, "the moral thing for older mothers to do is to have amniocentesis, as soon during pregnancy as is safe for the fetus, test whether placental cells have a third chromosome #21, and abort the fetus if it does. The brain is the last organ to become functional."...

...Read more.

University of Michigan student body president resigns over web mocking of disabled student

From The Detroit News (12/5):

Student leader resigns over Web comments
By Marisa Schultz

University of Michigan student body president Zack Yost resigned from his post Tuesday evening, one week after acknowledging he created a Web page that mocked a disabled student.

"I've made a horrible mistake and done harm to a lot of people and most importantly to Tim," said Yost, 21, of Farmington Hills. More than a year ago, Yost created a private Facebook.com group, viewable to a handful of people, that criticized Michigan Student Assembly representative Tim Hull, a computer science and history senior who has Asperger's syndrome, a disorder associated with autism...

... Read the entire article.