Recent Blog Posts
Accessible Voting for the Blind Certified in Florida
After years of advocacy, the Florida Council of the Blind and their members have fought for the right to independently cast a secret ballot through the vote-by-mail process in Florida. Today, they have finally won this right. While over a third of Floridians currently vote by mail, this year the numbers are expected to… Read More »
Valuing and Devaluing the Disabled Human Life in Florida
The response to this outbreak is far from the empathetic “American Way,” but instead, we have lapsed into the Hobbesian ethic, where we deny essential testing to the most vulnerable, deny scarce life-saving equipment, rationalize the denial by claiming that the old and disabled would have died in any event. Then to place insult onto the injury, Florida may immunize those who deny care from total immunity. Even in the event we are overreacting to this pandemic, it still should be a clear signal that disability discrimination may be the only tenet that will be alive and well in our society.
Changes to Florida Statutes that Effect Civil Rights and Fair Housing in Florida
By: Matthew Dietz During the 2020 legislative session, there has been significant changes in statutes that prohibit discrimination in the State of Florida. These changes affect the way that civil rights claims are processed by the administrative agency that investigates such claims, the rights of claimants for they day in court, and it also… Read More »
What to do with your Emotional Support Unicorn? – HUD’s New Guidance on Assistance Animals
On January 20, 2020, the U.S. Department of Housing and Urban Development published new guidance on Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act. The goal of the document is to provide both housing providers and persons with disabilities guidance on what is required to… Read More »
City of Tampa Files Race and Gender Discrimination in Housing Case
Ms. Washington was targeted by a housing provider who felt emboldened to prey on a vulnerable resident who could not move to a new location because of the lack of affordable housing options. For months, Ms. Washington was subject to racial and sexual harassment, false reports to authorities so she would have her children removed or housing vouchers revoked, harassment of her guests because of their color, and a wrongful eviction.
Are you requesting to saddle the camel or cut off its hump? Reasonable accommodations under disability rights laws
By Matthew W. Dietz, Esq. On September 18th, the Eleventh Circuit Court of Appeals decided Schaw v. Habitat for Humanity of Citrus County, in a very easy to read opinion that spelled out the process for determining whether an accommodation for a disability is reasonable and necessary. U.S. Circuit Court Judge Kevin Newsom, the… Read More »
ADA Sanctions Order Will Lead to Outreach and Education to the Disability Community
For twenty years as a disability rights lawyer, I still feel compelled to explain to judges or attorneys that I am not like the attorneys who file the carbon-copy ADA cases that clog the federal docket. Today is another day which I feel compelled to explain myself. On Friday, Senior U.S. District Court Judge… Read More »
New Guidance on Emotional Support Animals for Air Carriers – What does it mean?
By Matthew Dietz Introduction: Almost nothing has engendered more controversy than turkeys, peacocks, and pigs on commercial aircraft. As a result of the many passengers who choose to bring their animals on aircraft, airlines have been establishing new guidelines without oversight or guidance from the Department of Transportation and their view of enforcement of… Read More »
Matthew Dietz – New Chair of the Animal Law Section of the Florida Bar
I am so excited and proud to be the Chair of the Animal Law Section of the Florida Bar. At the 2019 Florida Bar Convention, we educated the mind and soul of the membership of The Florida Bar.
When Losing your Emotional Support Dogs is Too Much To Much to Bear
When the police arrived at his unit, Raymond Bishop refused to drop his weapon. After the police plead with him for three minutes, Mr. Bishop raised his pistol. He was killed. His two dogs, Roxie and Ranger were cowering in Raymond Bishop’s bed. On his desk, there was a suicide note:
Will Arnaldo Rios-Soto see Justice, or does Justice see Disability as Dangerous?
As a disability advocate, and as Arnaldo Rios-Soto’s lawyer, the trial of Officer Aledda is a watershed moment. Will Arnaldo be deemed to be inherently dangerous because he is different? Will there be a stereotype that because Arnaldo lives with a developmental disability, the fact that he was targeted was justified? I hope not.
The View From Here (18-11)
The fear I’m facing is not because of the actual steps I’ve started taking again or the actual act of being up on my feet. The fear is from the unknown. Just as I faced years ago in the dark. Will I fall, or will I balance? Will my body give out, like it did so many times before, or will I stand and walk safely as I did for years and years before? The fear is crippling and debilitating. It creeps in to my therapy to the point where it prevents me from standing on my own because I’m so scared of what might happen
Can Greyhounds be Emotional Support Animals?
Greyhounds are very friendly, affectionate, gentle, quiet, sweet, loyal, clean, loving, sensitive, trusting and good natured dogs that would make great emotional support animals.
Are Doctors or Hospitals Required to Provide Interpreters for Deaf Patients and what are the penalties for not doing so?
A Deaf patient has the right to participate in his or her care to the same degree as a hearing person, including conveying and receiving medical information from doctors or a hospital. The ultimate result of the treatment does not matter as much as having the ability to understand the entire treatment.
AFTEREFFECT – A SWAT team, an autistic man, an American tragedy.
Aftereffect is a podcast produced by WYNC Studios, and hosted by Audrey Quinn. In this series, Audrey weaves Arnaldo Rios-Soto’s story and explains how Florida is ill-equipped to provide adequate community-based services for him, and what he went through. The synopsis of the eight episode series is as follows: In the summer of… Read More »
How Hooters killed a Bad Florida Pro-Business ADA Protection Law
A settlement is an agreement between two parties as a resolution of a case and does not affect the rights of any third party. Even a judgment only affects the parties involved. The only method to insure compliance with the ADA or any other statute that includes standards for compliance – is to comply with such standards. With the Americans with Disabilities Act, It’s been almost 28 years since the statute has been enacted. For defense attorneys who do not obtain compliance with the standards to obtain a settlement, their clients will always be subject to additional suits. In other words, it’s a gamble, and it could be penny wise and pound stupid.
Office Animals for Wellness
The question for all persons who focus on wellness is how to maintain mental, spiritual, and physical balance when being besieged by crisis (both real and perceived) from all sides. In this issue, I give my answer – Lucy. To quote my favorite industrialist, Willie Wonka, – “A little nonsense now and then is relished by the wisest men.” #WellLawyer
The View From Here (18-05)
It’s amazing to think so many emotions can be tied to pieces of cloth hanging in your closet. It happens to all of us, though. Not just after a traumatic experience. We all keep the jeans we wore in college, or the pretty dress from that special first date. It’s not necessarily the article of clothing itself is that special; it is the connection that piece of cloth represents to an important moment of time in your life.
Lessons From the Humiliation and Death of Sandra Faye Twiggs
On Sunday April 15, 2018, Judge Merrilee Ehrlich stripped any shred of dignity or humanity from a 59 year-old woman, who appeared before her, in her first appearance before the court after being arrested. In as much as the video and the transcript demonstrate how unhinged Judge Ehrlich acted towards this women, and how the Court staff and lawyers, like palace eunuchs, allow such unabated behavior to continue. However, the outrage from the surface must be examined, and lead to thorough introspection and change, and not merely the retirement and resignation of this long-time judge.
The View From Here (18-04)
So, I thought I could add my two cents to the conversation and suggest an alternative to the negative term, “wheelchair bound.” I think we can, and we should do better. The next time you find yourself describing someone like me, who rocks a chair, try this one out for size: –“Do you know Justine? Yes. I do. I heard she’s Wheelchair Strong.”
