Category Archives: Litigation
One South Florida Man Took on City Hall Over Disability Access. He Lost in Court but Also Won.
BY JAY WEAVER APRIL 02, 2023 Ironically, it was his weakening condition that would launch Karantsalis on what would prove a Herculean task — a one-man battle against his own city to improve disability access. He lost the legal battle but also won the bigger war, if at a cost…. But there were obstacles… Read More »
The Hunt for Alejandro Suarez: A Miami Man Decided to Move Out. A Massive Uproar Ensued.
BY CAROL MARBIN MILLER AND OMAR RODRÍGUEZ ORTIZ – OCTOBER 06, 2022 On July 4, Independence Day, Alejandro Suarez packed his laptop, camera and some clothes into a book bag. He placed a handwritten note in the glove box of his blue Honda Civic and left the car in the parking lot of a… Read More »
Do I still have a claim? – Effects of Cummings v. Premier Rehab on the future of claims under the Americans with Disabilities Act or Section 504
By Matthew W. Dietz .pdf version On April 28, 2022, the United States Supreme Court, in Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022), found that damages are unavailable for discrimination without a physical injury in all federal disability laws (such as the ADA and Section 504), and some sex and… Read More »
Disability Discrimination Ordinance Has More Teeth Than A Denture Provider
A law with teeth is more powerful than a pair of dentures. – On July 18, 2016, Mr. McDowell filed a complaint against Affordable Dentures for disability discrimination in violation of the Housing and the Places of Public Accommodation Ordinance. The County did a full investigation and made a finding that Mr. McDowell was the subject of discrimination on March 7, 2017, and with the facilitation of the Palm Beach Office of Equal Opportunity, entered into a Conciliation agreement
11th Circuit Court of Appeals Oral Argument – Campbell v. Universal City
On April 26, 2023, DIAL clinical student Claudia DeSalvo argued on behalf of Dylan Campbell before the Eleventh Circuit Court of Appeals. Ms. DeSalvo argued as good as the seasoned U.S. Department of Justice attorney that argued as our amici on behalf of the United States’ interest. Ms. DeSalvo vehemently argued that the ADA… Read More »
What happened to the COVID-19 case about immunocompromised children with disabilities in public schools in Florida?
In this matter, the development of vaccines and boosters are winning the race against the mutations of the COVID-19 pandemic. However, next time, science may lose to the application of bleach, horse medicine, and ultraviolet light treatments, and our schools and state would be willing to sacrifice children and persons with disabilities in a pyrrhic victory for parental rights to avoid inconvenience for their child.
Paralympian Shawn Cheshire Wins Gold When Fighting for her Rights to go to LA Fitness and Work Out Independently
It is always an honor to work for a person whos talent and dedication is world-class. this year, I had the opportunity to work for Shawn Cheshire to vindicate her rights to be able to work out independently at an LA Fitness by her home in Florida. Shawn is a Paralympic cyclist who raced… Read More »
Update – Next Steps to Protect Children with Disabilities in Schools
On Friday, August 26th, Circuit Court Judge John Cooper ruled from the bench that Governor DeSantis and the Department of Education exceeded their authority in issuing an emergency rule that restricted school boards from issuing mask mandate. He also found that the basis of the regulation, “the Parents Bill of Rights” Fla Stat. §… Read More »
Is your club truly private? Piper the Service Dog vs. Boca Ciega Yacht Club
Piper is a dog, but she also has an uncanny talent for killing bees. This talent has aided her partner, Samantha Ring, who lives with severe allergies to bees and sunflower seeds and has a history of anaphylactic reactions to both. Piper saved Ms. Ring’s life by killing a bee while Ms. Ring was out on her boat without her EpiPen, so she decided to keep Piper and train her to be a service dog. On July 12, 2021, Piper the Dog finally got her day. The Eleventh Circuit Court of Appeals reversed his partner’s case and found that there are certain questions of fact that need to be resolved before deeming the Boca Ciega Yacht Club in Gulfport Florida, a “private club” for purposes of the private club exemption under the Americans with Disabilities Act.
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 »