Tag Archives: ada
ADA 25th Anniversary – The State of the Florida Bar and Courts
Persons with disabilities should not be “inspiring” or be required to “overcome” their disability to be a member of the Florida Bar. No other population needs to proffer its superstars to become eligible to be a lawyer. The ADA’s intent was to open the door and create a level playing field so anyone who has the intellectual ability and required ethical standards to be able to practice law should be able to do so. As a profession, we need to examine our practice, our rules, and our profession to remove attitudinal barriers and accept each other as equals.
Florida’s New Service Animal Statute — Section 413.08
By: Matthew Dietz This legislative term, Florida Representative Jimmie T. Smith, from Citrus and part of Hernando Counties, sponsored one of the most progressive service animal bills in the United States, Florida Statute 413.08 (2015). As a veteran, Rep. Smith has become a leader for the Florida House when it comes to issues dealing… Read More »
Litigation Update: Anthony gets to keep Stevie in School!
By: Matthew Dietz On February 10, 2014, United States District Court Judge Beth Bloom ruled that Broward County School District violated Anthony Merchante’s rights, as a child with a disability, by denying his right to have a seizure alert animal accompany him at his elementary school. Anthony’s mother, Monica, requested that the school allow… Read More »
Litigation: Pledger v. SAS Transportation
By: Matthew Dietz Litigation – Pledger v. SAS Transportation Jeff and Suzanne Pledger love to go on cruises. Jeff is blind and he uses a guide dog named Joelle. As an advocate for persons with visual impairment, Jeff is the past President of Verizon’s Disabilities Issues Awareness Leaders (DIAL), which provides support and resources… Read More »
Taxis and Rental Cars
Under the Americans with Disabilities Act, discrimination is defined broadly to include refusing to provide transportation service, or providing unequal service, to individuals with disabilities who can physically access the vehicle. The Regulations expressly state that such entities “shall permit service animals to accompany individuals with disabilities in vehicles.” Under the Americans with Disabilities… Read More »
Deaf Mom-to-be gives Birth in the Wrong Hospital?
“Hello this is Byron, Cheylla needs your help…” As a lawyer practicing civil law, you rarely receive a cry for help at 8:45 in the evening from a client. I knew that it was happening again – another client who is Deaf that could not get an interpreter for medical care. I represent Cheylla… Read More »
Litigation: Accommodations for High Stakes Testing
By: Matthew Dietz Academic success is often measured by a score on a test. A test score can make the difference in being accepted into a desired school or in obtaining a professional license. However, a learning disability of a mental illness or disorder, or other disability, can derail a person’s career or learning… 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 »
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 »