Tag Archives: litigation
New Florida Statute Requiring Resource and Benefit Information for Individuals with Disabilities
On June 16th, Governor DeSantis signed a bill into law requiring more information to be provided to persons with disabilities for services that are available. The purpose of the law is to provide information for services available for persons with disabilities other than services on the Medicaid Home and Community-Based Services (HCBS) waiver. Currently, there are 35,000 individuals receiving waiver services through iBudget Florida, and as of December 1, 2020, 22,718 eligible persons with disabilities are on the waiting list to receive waiver funding and services.
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.
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 »
No Wheelchair Users Allowed in a Miami Beach Condo!
Turns out that the least of Abbot House Condominium’s worries should have been whether Rachel Siler would not be able to get around in her wheelchair and would injure herself. Maybe instead of assuming she was an invalid who sleeps with her personal assistant, the Condominium Board should have started with the premise that she had a job, a life, and a passion for helping others. The real liability was the failure to acknowledge Rachel Siler as the die-hard disability advocate who works to help others destroy attitudinal barriers and harmful stereotypes.
At The Intersection of Disability and Domestic Violence/Sexual Assault Myths and Misconceptions
By: Sharon Langer Domestic violence myths and misconceptions abound. Nearly everyone will have some form of preconception on what domestic violence actually is; why abusers abuse and why victims are victimized. In the same way as we tend to have a stereotypical picture of what domestic abuse is, we have similar pictures of what… Read More »
Litigation: Is Your Child A Runner?
Some children with autism, developmental or intellectual disabilities may wander off without any comprehension of possible danger. This might include running off from adults at school or in the community, leaving the classroom without permission, or leaving the house when the family is not looking. While most children are drawn to water, many autistic… Read More »
Summer Fun and Discrimination against Kids (with or without disabilities)!
Happy Summertime! The Summer should be a time where all kids, kids with disabilities and kids without disabilities, should be able to have fun. Discrimination about kids in the Summer is not fun, and here are some tips on how kids can avoid discrimination in the Summer.
The Cuddle Effect
By: Matthew Dietz Cuddles, the Persian cat, was worth a million dollars to Izak Teller and his wife, Barbara. Because of Cuddles, they were rejected from the ability to live in a fully renovated unit overlooking the Intercostal in Palm Beach, and bought a less desirable unit that they were required to renovate. The… Read More »
Mindfulness and Law Practice
None of us likes the idea that our doctor is practicing on us, but she is. None of us likes the idea that our lawyer is practicing on us, but he is. We may dislike even more the idea that we are practicing law on our clients…but we are! By: Benjamin Goodman If you… Read More »
Are Doctors Required to Provide Interpreters for Deaf Patients?
By: Matthew Dietz I will remember that there is art to medicine as well as science, and that warmth, sympathy, and understanding may outweigh the surgeon’s knife or the chemist’s drug. Modern Hippocratic Oath At least once per week, I receive a call from a Deaf person complaining that their doctor will not provide… Read More »
Litigation: When the denial of a reasonable accommodation leads to tragedy
By: Matthew Dietz Most times when a person requests a reasonable accommodation or a modification because of a disability, the accommodation or modification assists a person to live independently or lessens the effect of a disability. This includes a closer parking space, grab bars in the bathroom, or an assistance animal. However, there are… Read More »
Litigation: When the denial of a reasonable accommodation leads to tragedy
By: Matthew Dietz Most times when a person requests a reasonable accommodation or a modification because of a disability, the accommodation or modification assists a person to live independently or lessens the effect of a disability. This includes a closer parking space, grab bars in the bathroom, or an assistance animal. However, there are… Read More »
Litigation UPDATE – Sabal Palm Condominiums v. Fisher
Former Teacher with Multiple Sclerosis obtains a $300,000 settlement in her fight to keep her service animal in her home in Broward County On May 8, 2014, Deborah Fischer and Larry Fischer obtained a $300,000 settlement against their condominium association for their three-year long fight to keep Deborah’s service dog, Sorenson, in their home…. Read More »
Litigation: Solodar v. OPC Lake Point Tower
After more than three years, and a jury trial, Mrs. Carollee Solodar will finally receive the parking spot she deserves (and requires)! Carollee and her husband Donald Solodar live in a lanai in North Palm Beach and have been allowed to park in a service area by their home for many years. Following Mrs…. Read More »
2014 Disability Policy Seminar
On April 7-9, 2014, I had the privilege to attend the 2014 Disability Policy Seminar in Washington, D.C. and participate in advocacy efforts to make an impact on disability policy. The Disability Policy Seminar is an event that brings together advocates for individuals with disabilities with public policy experts and focuses on major federal… Read More »
Litigation – Vindicating a right to an administrative option – McGuire v. Peabody Hotel
Florida now recognizes that when a person is not treated equal because of his or her disability,– this is discrimination, and is actionable under the Florida Civil Rights Act. In 1968, at the age of seven years old, Kevin McGuire, was hit by a drunk driver and was paralyzed from the neck down. By 1970,… Read More »
Guardianship – Part 2
Florida is one of the few states that has developed a process specifically designed to meet the needs of persons with DEVELOPMENTAL DISABILITIES—in Florida that process is GUARDIAN ADVOCATE. There are a few differences between GUARDIAN ADVOCATE and GUARDIANSHIP as I described in last month’s newsletter. First, Guardian Advocacy is limited to persons with… Read More »
Americans with Disabilities Act Lawsuits – Frequently Asked Questions
By: Matt Dietz Every year, across the United States, thousands of lawsuits are filed that compel compliance with the Americans with Disabilities Act, most to ensure that persons with mobility disabilities could have equal use and enjoyment of businesses in our community. While these lawsuits are often the key to community access for persons… Read More »
Teacher with Multiple Sclerosis denied Service Dog in her own home.
Deborah Fisher lives with her husband Larry at Sabal Palm Condominiums in Broward County, Florida. Deb has lived at Sabal Palms for the past twelve years. She lives with Secondary Progressive Multiple Sclerosis. Deb’s multiple sclerosis affects her ability to walk and her fine motor skills. It progressed from walking with a limp,… Read More »
A six year old’s fight to have his seizure dog at school.
Disability Independence Group filed a federal lawsuit against the Broward School Board, alleging the district discriminated against Anthony Merchante, a first grader, for imposing too many barriers to bringing his service dog to his elementary school. Anthony Marchante lives with cerebral palsy and is highly prone to seizures. His medium-sized terrier service dog,… Read More »
