AOC Ordered to Pay $1.7M for Failure to Evacuate Disabled Employee During Fire Drill
A jury found the state Administrative Office of the Courts failed to have a plan for the safe evacuation of a disabled employee during a fire drill.
ADA Lawsuits Are on the Rise, Website Complaints Biggest Targets
Lawyers say they've seen an uptick in lawsuits and expect no dip in sight for Americans with Disability filings as more companies invest in their online presence.
Seventh Circuit OKs Differential Treatment of Disabled Students
Courthouse News Service
The Seventh Circuit rebuffed disability advocates on Tuesday and upheld Wisconsin’s school-transfer rules, finding the rules do not discriminate against children with disabilities by limiting their transfer options.
Lawsuit alleges disability discrimination in Miller Park seating
BizTimes.com (Milwaukee)
A new federal lawsuit claims wheelchair bound and other disabled fans face discrimination in line of sight, seating and internal access when attending Milwaukee Brewers games at Miller Park.
The complaint, filed in the U.S. District Court for Eastern Wisconsin, says there is not a “malicious policy” to discriminate against disabled fans but specifically alleges the stadium is in violation of 2010 standards under the Americans with Disabilities Act. The plaintiffs, Wisconsin residents Julie Withers and Dawn Green, point to millions of dollars spent on upgrades to the stadium as evidence that compliance is “readily achievable.”
New York Inmates With Mental Illness Are Held in Prison Past Their Release Dates, Lawsuit Claims
NBC New York
A lack of community-based mental health housing facilities have left mentally ill inmates incarcerated months past their release dates — including some in solitary confinement, a new lawsuit alleges.
The Legal Aid Society and Disability Rights New York filed a lawsuit Thursday in federal court in Manhattan against Gov. Andrew Cuomo, the New York State Office of Mental Health, New York State Department of Corrections and Community Supervision on behalf of a group New Yorkers with mental illness who allegedly have been held in prison because of a shortage of mental health facilities.
The group filing the lawsuit has either fully completed their sentences or reached their approved parole dates, but remain incarcerated, some for as long as 16 months past their release dates, because “the State has failed to ensure the necessary capacity in community-based mental health housing,” legal aid lawyers and mental health advocates say, adding the inmates then have to “languish in prison, awaiting a placement.”
“It’s shameful that New York State keeps them in prison simply because they have mental illnesses and need supportive housing,” Stefen Short, Staff Attorney with the Prisoners’ Rights Project at The Legal Aid Society, said in a statement. “This is an abhorrent practice, and New York must end it immediately, and provide our clients with the resources to facilitate their release.”
Knowing the rights of service animals
Sampson Independent
Many People with disabilities use a service animal in order to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for a person who has difficulty walking, picking up items for a person who uses a wheelchair, preventing a child with autism from wandering away, or alerting a person who has hearing loss when someone is approaching from behind.
The Department of Justice continues to receive many questions about how the Americans with Disabilities Act (ADA) applies to service animals. The ADA requires State and local government agencies, businesses, and non-profit organizations (covered entities) that provide goods or services to the public to make “reasonable modifications” in their policies, practices or procedures when necessary to accommodate people with disabilities. The service animal rules fall under this general principal. Accordingly, entities that have a “no pets” policy generally must modify the policy to allow service animals into their facilities.
No, your 'emotional support alligator' cannot just wander into any store
York Daily Record/Sunday News
The ADA and service animals:
The ADA only allows two types of animals to be service animals – dogs and miniature horses. Under the ADA, the dog must be trained to perform a task or service for the individual directly related to the disability. For example, the dog may be trained to pick up dropped objects, or lick the face of someone experiencing an incident of PTSD, or alert a deaf person of sounds. One can train one’s own dog to be a service dog — no official training program is required.
No other animals are protected by the ADA, and certification is not only not required, it is illegal for a business to request certification or documentation, a vest, proof of training, or information about the nature of the disability. Businesses may ask only two questions – is the dog needed because of a disability, and what work or service is the dog trained to do to assist you? The dog must be on a leash — unless the disability prevents them from holding a leash — housebroken, and must remain with the individual at all times. In addition, it should be noted that phony certifications and vests asserting that the dog is a service dog can be purchased online. There is no national certification program, so requesting certification or a vest by a business serves no legitimate purpose anyway.
Rocky Mountain ADA Center can help locals navigate disability rights
Colorado Springs Gazette
In the legal maze around the rights of people with physical challenges, the Rocky Mountain ADA Center is the source for information. One of 10 in the United States, the center provides technical assistance for people in a six-state region that includes Colorado.
“Our charge is to provide training and answer questions so that the ADA can be implemented in everyday life,” said Dana Barton, the director. “We don’t enforce so, if someone calls who says they feel discriminated against, we don’t look into it or report it.”
Disability: Making everyone welcome
QNotes
As the cold months dig in and we await the warmth of spring, getting out and socializing can help stave off the blues and/or malaise during these dark times. Daylight is getting longer, even though it does not seem so. Those with disabilities are even more challenged during this time of the year. Weather might keep some homebound and others may simply find lugging around extra weight with coats and such to be a burden. If they do venture out, having accommodations for the disabled will help to make any gathering inclusive and comfortable.
Jennifer Laszlo Mizrahi, president of RespectAbility, and inclusion expert Alie Kriofske Mainella suggest that the LGBTQ community follow these easy steps to help make those with a disability feel welcome at parties or social gatherings.