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December 2006
Strangled by my Bootstraps:
Confessions of a Disabled Conservative
By M.
Dylan McClelland
No government
program can replicate the respect and hope borne from the
blessings and, yes, tragedies of life.
The stereotypical image of the
Republican Party is that of defender of wealth and privilege,
friend of corporate America. This image is no doubt fostered
because the GOP takes startling positions such as low taxes are
good, capitalism and wealth creation are a source of freedom not
its enemy, and one has a right not to be taxed, double-taxed,
triple-taxed, and then taxed at death. Shocking, I know.
Further, Republicans by and large line up next to corporate
America across the trenches from their arch nemeses: trial
lawyers, labor unions and their wholly owned subsidiary, the
Democratic Party. In principle and truth, however, Republicans
champion in policy and spirit, the underdog. . . . At its core,
the Republican Party champions the belief that the individual,
not the government, can create the greatest good if only left
unshackled to pursue his or her dreams. It is that core
principle that opposes affirmative action based on
liberty-excluding criteria like race and gender, and supports
the belief that the individual should enjoy the fruits of his or
her labor rather than entrust the state with it in the form of
increasing taxes. And it is this principle that lauds the
underdogs, those individuals who through hard work, brains, and
talent, succeed where statistics suggest failure. It is an
idealism prizing opportunity, not outcome. A belief in the
effort, not the effect. Republicans love the "pull yourself up
by your bootstraps," "government programs and bad luck be
damned" success stories. The Colin Powell’s, Condi Rice’s, and
Arnold Schwarzenegger’s of this world. I was one. . . . I grew
up with a single mother, a nurse who worked two and three jobs
at a time. I was an honor roll student and All-star baseball
athlete. Until the stroke. At age seventeen I suffered a brain
hemorrhage from a well-known but rare brain malformation. I
survived the stroke with no deficits or limitations; two weeks
later I was shooting hoops, six months after I graduated high
school with honors. Unfortunately, the treatment which saved my
life did leave me with a disability. While saving my life, an
experimental radiation treatment (read linear accelerator) left
me with an impaired and weak left side. And I recall my mother
telling me as the doctor screwed a metal halo into my skull,
that I just had to get through this, and the rest of life’s
struggles would pale in comparison. And she was as right as a
mother’s insights typically are: it was a perspective that
shaped each of my challenges for the next decade.
Reality TV puts disabled women in beauty show
Adam
Sherwin, Media Correspondent
 It is a
beauty contest complete with a swimsuit round. But all the
contestants in the latest reality format to sweep ratings-hungry
broadcasters have a disability. . . . Contestants must display a
“handicap visible to the eye” in Miss Ability, a Dutch show that
became the surprise hit of 2006 in the Netherlands. . . . Twelve
women, including amputees and wheelchair-bound contestants,
parade in nightgowns and bathing suits. . . . They star in short
films demonstrating how they have overcome severe disabilities
before submitting to a viewer vote.
Test Taker Sues to Gain More LSAT Time
Shannon P. Duffy, The Legal Intelligencer
12-22-06 --
Opening statements began Monday in a would-be law student's suit
under the Americans with Disabilities Act demanding extra time
to take the LSAT because he suffers from attention deficit
hyperactivity disorder, or ADHD. . . . In the suit, plaintiff
Jonathan Love claims that the Law School Admission Council Inc.
has violated the ADA by denying his request for a reasonable
accommodation despite numerous statements from the psychologists
who evaluated him, his teachers and his family, who documented
his learning disability. . . . Love is seeking an injunction
requiring that he be given 50 percent more time -- 52.5 minutes
rather than 35 minutes -- to take each section of
multiple-choice questions. . . . But LSAC's lawyer argues in
court papers that the denial of an accommodation was proper
because LSAC's own expert disagrees with Love's ADHD diagnosis.
. . . And even if the diagnosis is correct, it does not
"substantially impair" Love's ability to take the LSAT. . . .
Love, 25, is a graduate of
Baylor University in Waco,
Texas, and is currently enrolled in a master's of business
administration program at the University of Notre Dame in
Indiana.
DISTRICT
OF COLUMBIA
Government Appeals Currency Redesign
By
Martin Crutsinger, AP Economics Writer
12-13-06 --
(AP) -- An effort to force a redesign of the nation's currency
so paper money could be more easily used by the blind would be
too expensive and could cause undue hardships on the vending
machine industry, the Bush administration says. . . . The
administration asked an appeals court on Tuesday to overturn a
ruling that could require the introduction of such features as
Braille lettering, micro-perforations or varying the sizes of
denominations to aid the blind and visually impaired. . . .
Justice Department attorneys representing Treasury Secretary
Henry Paulson filed the appeal with the U.S. Court of Appeals
for the District of Columbia Circuit, asking that a Nov. 28
decision by U.S. District Judge James Robertson be overturned. .
. . Robertson ruled that the nation's currency as currently
designed violates the Rehabilitation Act, a law that prohibits
discrimination in government programs on the basis of
disability.
FLORIDA
Santa Rosa Courthouse violates ADA
Sherri Myers
12-30-06 --
Recently, upon the complaint of a person with a severe
disability who uses a wheelchair, I had the opportunity to meet
with staff from the Santa Rosa County Courthouse and the First
Judicial Circuit Court to evaluate compliance with Title II of
the Americans with Disabilities Act. . . . The act provides
that, "No qualified individual with a disability shall, by
reason of such disability, be excluded from participation or
denied the benefits of services, programs or activities of a
public entity." . . . The courthouse has no
handicapped-accessible bathrooms, as required by the ADA, though
one has been designated "handicapped" accessible. It is in the
basement and can only be accessed by locating a deputy with a
key. One must then walk -- or roll -- out the front door and
trek to the back of the building, approximately half a city
block. . . . Florida Statute 320.0848 provides that a person is
qualified for a handicapped parking permit if the person has a
severe impairment that limits the ability to walk 200 feet
without stopping to rest. A trip to the back of the Santa Rosa
Courthouse is far in excess of 200 feet.
Should US bills be 'blind friendly'?
A federal judge ruled that the
Treasury should change paper currency to make denominations
easily identifiable by the blind.
By
Cristian Lupsa | Contributor to The Christian Science Monitor
12-07-06 -- Jerry Berrier
is a serious bird guy. In 35 years of birding, Mr. Berrier has
clocked countless hours trolling the outdoors, listening for the
faintest of hums. At his home in Shrewsbury, Mass., he even hooked his
computer speakers to microphones in the backyard so he can
record the songs of visiting birds. (He uploads these to his
website,
www.birdblind.org.) . . . Today, Berrier can identify
35 to 40 birds by their song. But if you put a few crisp bills
in his hand, he couldn't tell a $1 bill from a $20 bill. That's
because Berrier is blind, and US bills are all the same size and
texture. . . . But paper money could get a makeover that would
help people like Berrier. Last week, a federal judge in
Washington, D.C., ruled that the
Treasury Department had to consider changing paper currency so
denominations could be easily identified by the blind. Current
bill design amounts to discrimination, the judge wrote. . . .
Surprisingly, the ruling was not universally embraced by the
more than 10 million blind and visually impaired people in
America. While few deny that having differentiated bills would
make life easier, some say the lawsuit sends a message that the
blind are helpless. Opponents also say it detracts from other
problems blind people face, such as unemployment and lack of
Internet access. . . . The United States is alone among more
than 180 countries in having paper currency that is identical in
size and color, the judge wrote. Potential changes to the
currency include embossing, punching holes, notching, or making
the bills different sizes. The Treasury, which has until the end
of this week to appeal the decision, has argued that any change
would be costly - estimates range from $75 million for equipment
and $9 million in annual expenses to punch holes to $178 million
in one-time charges and $50 million in annual expenses to print
different-size bills.
DoD Civilians Prove Disability Is No Handicap
By Gerry J. Gilmore, American
Forces Press Service
12-07-06 --
Lisa Marie Waugh offers tried-and-true advice to people with
disabilities who want to get ahead in life: "You should let
nothing stop you." . . . Waugh, an intelligence research
specialist with the Defense Threat Reduction Agency, at Fort
Belvoir, Va., has successfully dealt with Stargardt's disease, a
malady that has compromised her vision. . . . "I'm just thankful
for what I have," Waugh said. . . . Waugh was among 14 Defense
Department employees honored at the 26th Annual DoD Disability
Awards held yesterday in Bethesda, Md. . . . David S. C. Chu,
undersecretary of defense for personnel and readiness, hosted
the event and presented awards to outstanding DoD civilian
employees with disabilities. The award ceremony was followed by
the start of a federal disability forum that's held each year. .
. . "This is the only annual training conference that focuses
exclusively on federal employment of individuals with
disabilities," Chu said, noting President Bush is dedicated to
help disabled Americans reach their full potential. . . . The
Defense Department is a recognized leader in assisting disabled
persons to have full and productive lives, Chu said, noting DoD
hired 206 disabled students for permanent and summer jobs this
year. Some occupations filled under the program included
aerospace engineer, accounting clerk, park ranger, archeologist,
cartographic aide, and store worker.
Making the Internet more disability-friendly is good business,
experts tell UN panel
12-04-06 --
Making Internet sites accessible to persons with disabilities
is not just a moral issue but also a business opportunity to tap
into a larger share of the global market, according to business
executives speaking at events marking the International
Day of Persons with Disabilities at the United
Nations today. . . . Secretary-General Kofi Annan also echoed
this theme in his message marking the occasion. “Access to
information and communication technologies creates opportunities
for all people, perhaps none more so than persons with
disabilities,” he said. . . . “And, as the development of the
Internet and these technologies takes their needs more fully
into account, the barriers of prejudice, infrastructure and
inaccessible formats need no longer stand in the way of
participation.” . . . Speaking at a panel discussion at UN
Headquarters, Preety Kumar, President and Chief Executive
Officer of Deque Systems, a company that helps make websites
accessible, said, “When you’re talking about one in five people
being disabled, we got management’s attention.” . . .
“E-Accessibility”– or making the Internet easier to use for
persons with disabilities – was the theme of this year’s
International Day.
November 2006
VIRGINIA
Blind woman sees future in law
UVa student uses technology,
smarts in studies
By
Aaron Kessler
11-27-06 --
For anyone who has ever seen the movie “The Paper Chase,” it’s
not surprising that law school is one tough assignment. . . .
Long nights, enormous texts and professors with a knack for
throwing students off balance all make for an intimidating
environment. . . . But this year one law student at the
University of Virginia has to make it through without an asset most take for granted: sight. .
. . Angie Matney, a first-year law student at UVa, is blind. But
she has no intention of letting that get in the way of her dream
of becoming a lawyer. . . . Matney, 31, an easygoing
West Virginia native with a razor-sharp wit, said she feels good about how things are
going. . . .
“Charlottesville is very easy to navigate compared to some of
the other cities I had looked at,” she said. “It’s been a good
decision.” . . . / Changing
direction / Matney is no stranger to UVa, having obtained
a master’s in mathematics from the university in 2000, and then
continuing her studies toward a doctorate before deciding that
she wanted to pursue a new direction. . . . She went to Richmond
in 2003, where she studied rehabilitation counseling and began
working for the Virginia Office for Protection and Advocacy,
which helps advocate for disabled people who are subjected to
abuse, neglect and discrimination.
AMERICAN
BAR ASSOCIATION
Bar association report focuses on diversity benefits
11/22/2006 -- A new American Bar Association
report focuses on the benefits of diversity in the workplace,
why it pays to hire lawyers with disabilities, and what the law
requires of legal employers. . . . Based on the proceedings of
an association conference co-sponsored by the Commmission on
Mental and Physical Disability Law and the federal Equal
Employment Opportunity Commission, the report offers information
and recommend- ations to legal employers on "best practices,"
and legal and ethical obligations as to the hiring of, retaining
and providing accommodations for, lawyers with disabilities. . .
. The report discusses how disabilities affect lawyers in all
sectors of the legal profession, identifies the most prominent
disability categories and outlines the most pressing needs of
lawyers with disabilities.
FLORIDA
Attorneys making money filing 'drive-by lawsuits'
Kelli Kennedy, Associated Press
11/22/2006 -- The bathrooms in the posh
Southern country club were opulent: marble floors, antique
furniture and an elegant powder room. But months after
purchasing the club, the owners gutted them. . . . The walls
were about an inch too narrow, according to the Americans with
Disabilities Act. And Robert Cohen said he felt discriminated
against. . . . He and his attorney filed a lawsuit in 2003
against the Carolina Club, the same business he sued in 1998
under different ownership, and for the same reasons. Cohen also
filed similar lawsuits against Publix, McDonald's, Comfort
Suites and Muvico Entertainment - more than 300 federal lawsuits
in Florida's Southern and Middle Districts over the past several
years. . . . Members of the handicap community aren't supposed
to receive monetary damages from the lawsuits, but their
attorneys receive fees. Some suspect that a few of those who
file numerous lawsuits are getting a cut under the table from
their attorneys. . . . "They're what's called drive-by
lawsuits," said David Goldfarb, a Miami-based ADA consultant who
testifies for business owners who are being sued. . . ."One
plaintiff's attorney and one plaintiff will file 10 lawsuits in
the same day on the same street. You throw out 10 and hope eight
of them stick."
How Employers Can Address Mental Illness Claims Under the ADA
Jonathan O. Hafen, Employment Law Strategist
11-17-06 --
As the stigma of mental illness
lessens, employers are handling more frequent requests for
accommodation under the Americans with Disabilities Act. Because
serious physical impairments are often easier to identify and
accommodate, learning to handle the gray areas of mental
disorders as they relate to the ADA can be a challenge for
employers.. . . As defined by the ADA, a qualifying disability
is "a physical or mental impairment that substantially limits
one or more of the major life activities of such individual." 42
U.S.C. 12102(2)(B), (C). The ADA regulations define disabilities
broadly, including a specific reference to "neurological
systems, mental or psychological disorders." (29 C.F.R §1630.2
(h).) . . . Because the ADA only provides such general guidance,
litigation continues to arise as parties try to refine the
concepts presented in the Act, such as whether a mental disorder
is a qualifying impairment, whether an employee with a
qualifying mental illness can perform essential job functions,
and how the limitation of a major life activity caused by a
qualifying mental illness can be reasonably accommodated in the
workplace. As the contours of these issues sharpen, the
employer's pathway to compliance, without "overcomplying," is
becoming more clear.
CALIFORNIA
Disability access lawyer brings battle to North County
By: Teri Figueroa - Staff Writer
The lawyer who raised hackles a
year ago when he sued dozens of Julian businesses over lack of
access for the disabled brought his fight to Solana Beach on Thursday. . . . A
lawsuit targeting Cole's Carpets in the Cedros Design District
is one of 300 that attorney Theodore Pinnock says he has filed
since his self-dubbed "Julian Experiment" made headlines. . . .
Pinnock, who himself has cerebral palsy and uses a wheelchair,
is well-known for his many lawsuits targeting businesses over
disability access issues. . . . Pinnock argues in the new
lawsuit, filed Thursday in federal court, that wheelchair-using
visitors to the Solana Beach location of Cole's Carpets
are greeted by steps at the entrance, with no ramp or lift to
help them enter the store. . . . Attorney David Peters, who has
battled Pinnock many times in court, is representing Coles in a
suit Pinnock filed earlier this year that challenges access
issues in another Coles location in San Diego. Peters said he'd
not yet seen the suit filed Thursday targeting the Solana Beach location, but said his
client is still fighting the first suit. . . . Pinnock's latest
lawsuit comes a year after he made headlines for sending letters
to 67 businesses in the mountain hamlet of Julian, demanding
that store owners and landlords make their shops accessible to
the disabled ---- and pay up to the tune of $200,000 ---- or he
would take them to court for violating federal civil rights laws
guaranteeing access. . . . Business owners and others balked,
calling Pinnock's notice letters a shakedown tactic to make
money. . . . The ire led Pinnock to drop his practice of sending
out the notice letters ---- which he said actually helped
prevent lawsuits by seeking settlements before the issue landed
in court ---- and instead would take his complaints straight to
court. . . . Under the law, businesses can be fined for $4,000
for each violation of access, payable to the person who filed
the discrimination claim. . . . In the year that has passed
since the "Julian Experiment," Pinnock said, he has filed more
than 300 access lawsuits in federal court ---- nearly eight
times the number of lawsuits he filed in all of 2005.. . .
Before 2005, Pinnock said, he averaged about 100 lawsuits a
year.
Do the Rights of the Disabled Extend to the Blind on the Web?
By
Bob Tedeschi
11-06-06 --
ACCORDING to an advocacy group,
Target declined last year to make its Web site fully accessible
to blind people with specialized screen-reading technology last
year. If true — and Target has denied the accusation in court —
it was a public relations blunder, and it may have been illegal
as well. . . . The National Federation of the Blind sued Target,
contending that the company’s inaction violated the Americans
with Disabilities Act because the Web site is essentially an
extension of its other public accommodations, and as such,
should be easily accessible to people with disabilities. . . . A
Target spokeswoman would not comment on those assertions, but in
court the company offered testimony from three blind users
rebutting the federation’s arguments. . . . On Sept. 6, a
federal judge in California held, in a preliminary ruling on the
suit, that in some instances, Web sites must cater to disabled
people. . . . Legal scholars say the full reach of that ruling
will not be clear until the case is decided, if it reaches that
point.
CONNECTICUT
Commentary: Busting the Mental Health Stigma
Kathleen M. Flaherty, The Connecticut Law Tribune
11-03-06 --
I am an attorney licensed to practice law in three states. I am
a staff attorney at a legal services program. I am a graduate of
Harvard Law School.
And I have bipolar disorder. . . . I took the
New York and
Massachusetts bar
exams after graduation. The only health-related questions those
bar examining committees asked were whether I had any condition
that impacted -- or, if untreated, could impact -- my ability to
practice law. I indicated I had bipolar disorder and that I was
in treatment. There was no required follow-up, and I was
admitted to both Bars. . . . When I decided to take the
Connecticut bar
in 1995, I was taken aback by the application. No less than five
questions related to mental health treatment. Applicants were
asked about hospitalization, other treatment, whether they had
one of a listed number of conditions (including bipolar
disorder), what limitations they had and whether they raised
their condition as a defense or in mitigation during any legal
proceeding. A "yes" to any of these questions required
applicants to allow all of their medical records to be released
to the Bar Examining Committee.
October 20, 2006
RHODE ISLAND
City of New Bedford Offers Snow Removal Service for Disabled
Constituents
The City of New Bedford Office of Human Services will provide
snowplowing services to disabled constituents residing in the
City of New Bedford through a program called "Clear Path." . . .
The Office of Human Services has been operating the Clear Path
program since the winter of 2003 when a major snowstorm hit the
New Bedford area and as a result, many disabled residents were
homebound for several days. . . . If you are unable to shovel
snow due to a disability, you may qualify to have certain areas
of your property shoveled when there is more than 2 inches of
snowfall.
VIRGINIA
New ways needed to aid disabled vets, panel says
By Rick Maze, Staff writer
Four disabled veterans, including
two who continued to serve in the military after losing limbs,
said the government must rethink the way it delivers benefits to
new veterans. . . . In a Friday panel discussion at the National
Symposium for the Needs of Young Veterans, hosted by AmVets in
the Chicago suburb of Rosemont, Ill., young disabled veterans
said the military first must carefully weigh keeping disabled
veterans on active duty if this is physically and mentally
possible, because technology has reduced the limitations of
disabilities. . . . “That job security in the military is
everything,” said retired Army Sgt. 1st Class Dana Bowman, who
lost both legs in a 1994 mid-air collision with another member
of the Golden Knights parachute team. . . . “I had to fight to
stay in,” said Bowman, who noted that times already are
changing. Some 18 soldiers are now on active duty after losing
limbs, a sign that “technology has opened up another door,” she
said.
October 17, 2006
CALIFORNIA
Deaf drivers due a chance at UPS jobs, court says
Some may be as safe as rivals
with normal hearing, ruling holds
Bob
Egelko, Chronicle Staff Writer
10-11-06 --
Deaf people who are qualified to
drive in every state should have a chance to drive small
delivery trucks for United Parcel Service if they show they are
as safe behind the wheel as employees with normal hearing, a
federal appeals court ruled Tuesday. . . . The Ninth U.S.
Circuit Court of Appeals in San Francisco upheld a federal
judge's ruling two years ago that UPS, the world's largest
private package carrier, violated the Americans With
Disabilities Act by refusing to allow deaf employees to compete
for jobs driving its smaller trucks, those weighing 10,000
pounds or less. . . . Larger trucks, which make up more than 90
percent of the Atlanta-based company's fleet of 65,000 vehicles,
are covered by U.S. Department of Transportation regulations,
which include hearing standards for drivers. But the court said
UPS had failed to prove that deaf drivers would necessarily pose
a safety risk in the smaller vehicles.
SOUTH DAKOTA
Part Of The Office Family
A special needs student in Sioux
Falls is getting a rare opportunity for any kid his age. He's
working with the Minnehaha County State's Attorney's office. . . .
What some could see as a mundane office job, has transformed the
life of one teenager. . . . Minnehaha County State’s Attorney
Dave Nelson says, "They're important and they're sensitive
documents and they can't be just tossed out in the trash ." . .
. Nelson says, "They need to be shredded and Matthew has proven
that he's very capable of doing that." . . . Eighteen-year-old
Matthew Waterman takes this paper-shredding job seriously.
Matthew’s teacher Darbie Moran says, "He's quite excited about
the shredder and the size of it ...it’s pretty impressive." . .
. Everyone around the Minnehaha County State's Attorney's office
finds Matthew impressive. . . . Nelson says, “I think it’s very
rewarding for the lawyers and staff in our office to work with
Matthew.” . . . He's a wiz at paper shredding and labeling. But
he has trouble communicating. That's because he has Fragile X
Syndrome, it's a genetic condition that's left him with severe
learning disabilities. His teacher at Washington High School
says this job gives him the confidence he needs to succeed in
the classroom. . . . Moran says, “It’s just made a world of
difference with Matthew and he's so very proud of his job and
his office and he talks about it all the time.”
October 3, 2006
Does the Americans with Disabilities Act Require that Commercial
Websites Be Accessible to the Blind?
A Recent Court Ruling Suggests
the Answer Is Yes, But Only for Certain Sites
By Anita Ramasastry
Just last month, U.S. District
Judge Marilyn Hall Patel -- of the San Francisco-based U.S.
District Court for the North District of California -
ruled that the Americans with Disabilities Act (ADA)
applies to some commercial websites. The holding was the first
of its kind. . . . Unless Judge Patel's ruling is reversed on
appeal, its upshot will likely be that many retail websites - in
particular, those intrinsically linked to companies'
brick-and-mortar operations - will have to start complying with
the ADA. . . . However, because Judge Patel's decision did not
reach web-only retailers, it may be necessary for Congress to
revisit the ADA if it wishes to ensure that all web retailers
make their sites accessible. . . . Given that there are some
very significant web-only sellers - eBay and Amazon.com come
immediately to mind - Congress should seriously consider this
option. (Some groups have lobbied Congress to modify the ADA to
explicitly cover the Internet, but the law has yet to be
changed.) . . . The Lawsuit That Prompted Judge Patel's
Ruling . . . The ADA suit, filed in February of this year,
was brought by Bruce Sexton, Jr., a blind University of
California-Berkeley student. In conjunction with the National
Federation of the Blind (NFB), Sexton alleged that Target's website violates the
ADA because it is not fully
navigable by the visually-impaired. (Sexton has also sought
class action status on behalf of those similarly-situated.)
NEW YORK
Blimpies Corporate Owner Must Testify in Landlord Dispute
Despite Anxiety
Mark
Fass, New York Law Journal
The owner of a sizable fast-food
sandwich empire purportedly suffers from anxiety so severe that
a recent court order to testify in a landlord-tenant dispute
instead resulted in a trip to a Brooklyn emergency room. . . .
Following the hospital visit for undisclosed symptoms, Nicholas
Lagano Jr., president of two corporations that own approximately
400 Blimpies restaurants, requested that Manhattan Justice Carol
Robinson Edmead substitute his deposition testimony in lieu of
an appearance as a witness. . . . Last week, the judge denied
the request and ordered Lagano to appear in November. She also
noted the sparsity of precedent in civil matters regarding
unavailability due to anxiety. . . . "Although testifying in
court may be stressful for Mr. Lagano, as it may be for many
witnesses, there is no testimony indicating that his appearance
to testify in court is life-threatening or that Mr. Lagano is
'incompetent,'" she held in
Naso v. 1994 BA Leasing Corp., 601833/04.
"Moreover, he remains 'President' of the Blimpie corporation,
routinely works from his office and his home, drives a car, and
takes his medication 'as needed' rather than at prescribed
times. Most importantly, Mr. Lagano has taken part in previous
depositions and trials and has never been advised not to."
September
28, 2006
CALIFORNIA
Discrimination Case Opens Door to Internet ADA Claims
Judge's ruling moves case forward
against Target Corp.
Sheri Qualters, The National Law Journal
A federal judge's decision not to
dismiss a discrimination case against retailer Target Corp. for
operating a Web site inaccessible to the blind opens the door to
Internet-related Americans with Disabilities Act claims. . . .
The recent order is believed to the first ruling from a judge
that the ADA can apply to the Internet, and lawyers from both
sides of the bar anticipate more cases. . . . "To limit the ADA
to discrimination in the provision of services occurring on the
premises of a public accommodation would contradict the plain
language of that statute," wrote U.S. District Judge Marilyn
Hall Patel, who sits in San Francisco. "To the extent defendant
argues that plaintiffs' claims are not cognizable because they
occur away from a 'place' of public accommodation, defendant's
argument must fail."
COLORADO
Paralyzed mom sworn in as lawyer
Gary Massaro
Janette Law-ler could
have given up a long time ago when doctors told her
she'd never walk again. . . . But she didn't. . . . "How
boring would that have been?" she asked. . . . Instead,
she went back to school - twice - and now is ready to
begin her newest career as a lawyer. . . . She spends
most of her time in a wheelchair that she maneuvers with
a mouthstick. . . . She also uses the stick as a finger
to poke her computer keyboard. . . . "My laptop and I
are close friends," she said. "I wouldn't have been able
to accomplish what I have without it." . . . Lawler, 41,
graduated from Wheat Ridge High School in 1983. . . . "I
went straight up to Boulder," she said. . . . She
graduated from the University of
Colorado, where she studied advertising.
NEW YORK
Help celebrate Disability Awareness Month!
St. Bonaventure hosts variety of
events
St. Bonaventure University
invites the community to join in celebrating the 18th annual
National Disability Awareness Month this October. The theme this
year is “Positive Images of People with Disabilities.” . . .
St. Bonaventure’s Disability Support Services and the Diversity
Action Committee will be sponsoring a number of events to extend
disability awareness and raise money to support the cause.
Through the celebration, the groups hope to spread positive
images of people with disabilities in the family, in the
community and in the media. . . . The first main event sponsored
by the University is a contest for school-age children, k-12.
The deadline for the submission of art, writing and media is
Oct. 8. Submission forms and further information regarding the
contest may be obtained by contacting Jill Clark at jclark@lakeshore.wnyric.org.
. . . Sunday, Oct. 15, marks the Disability Awareness Month
Two Mile Family Fun Walk. Rollerblades, scooters, bikes,
wheelchairs, or simply a pair of walking shoes may be used to
complete the two miles. Participants may register for the walk
and pledge donations between 9:15 and 10:00 a.m. at Plassmann Hall.
Giving a dream a free rein
A young man with a disability
By
Alaina Potrikus, Staff writer
When Morrisville State College
student Chase Lord met Mossy Creek in 2002, the two became fast
friends. . . . A 10-year-old Standardbred horse, Mossy Creek was
way past his prime for harness racing. And his legs were plagued
with bowed tendons and other conditions. . . . But Lord, 22, who
has never walked without the help of canes, wasn't willing to
give up on the horse and continued to enter him in races. Mossy
Creek won 11 races at Batavia Downs in 2002, Lord said. . . .
"In the racing world, if you don't got good legs, you're out the
door," said Lord, who was born with cerebral palsy. "He had
everything wrong with him, but he still did what he liked to
do." . . . Now Lord wants to pass on the lessons he learned from
Mossy Creek, who died two years ago, to children with
disabilities. While pursuing his bachelor's degree in equine
science, he is also raising money for the Mossy Creek
Foundation, a nonprofit he hopes to launch that would teach
children with disabilities to work with harness race horses. . .
. Chris Nyberg, dean of the college's School of Agriculture, said it's the
first time in his nine years at Morrisville State that he's seen
a student "do something so selfless." . . . "They're usually
looking at the business they want to start or the job they want
to get not at how they're going to help others," said Nyberg,
who used to head the equine department.
OREGON
Disability Advocates panel members needed
Clackamas County commissioners
are seeking 15 volunteers to serve on the Disability Advocates
Coalition for two-year terms. . . . The coalition advises the
local office of Aging and Disability Services, which serves
people with disabilities, and other state and local agencies.
The coalition also advocates and provides information about the
federal Americans with Disabilities Act and other topics
pertinent to people with disabilities. . . . The coalition meets
at 1:30 p.m. on the third Tuesday of the month in the Public Services Building at
2051 Kaen Road, Oregon
City.
September
22, 2006
Government urges review of parents' IDEA role
Posted by Lyle Denniston
9-21-06 --
The Justice Department on Wednesday urged the Supreme Court to
clarify when a non-lawyer parent of a disabled child may file a
lawsuit, without a lawyer, to enforce the child's rights under
the Individuals with Disabilities Education Act (IDEA). The
Court had asked for the government's views in an order last May
15. The complete brief filed by the Solicitor General is
available
here. . . . Filing in the case of Winkelman, et
al., v. Parma City School District (docket 05-983), U.S.
Solicitor General Paul D. Clement said "the Court should grant
the petition...and decide to what extent, if any, parents of
children with disabilities may proceed pro se in a federal court
action pursuant to IDEA. As several courts of appeals...have
expressly acknowledged, the circuits are divided on that
question." . . . Clement went on to argue that the Sixth Circuit
Court ruling at issue in the case, barring parents from pursuing
pro se lawsuits, "is inconsistent with the plain language,
structure, and purposes of IDEA....The ability of parents to
proceed pro se in federal court may facilitate the
accomplishment of Congress's goals in enacting IDEA." Clement
added that 2004 amendments to the Act "reaffirm that Congress
intended to permit parents to proceed pro se in IDEA actions."
Study reveals brain activity of patient in ‘vegetative state’
By Gregory Tomlin, Baptist Press
9-11-06 --
A patient said to be in a persistent vegetative state (PVS) had
the capacity to understand and respond to verbal commands, a
team of European researchers reported in the journal Science
Sept. 8. . . . Researchers used functional magnetic resonance
imaging (MRI) technology to examine the brain of a woman who was critically injured
in an automobile accident in July 2005. When they provided voice
commands, such as instructions to imagine herself in a game of
tennis, portions of the woman’s brain showed a surprising amount
of activity, not unlike those of healthy people who agreed to
participate in the same study. . . . “Her decision to cooperate
... by imaging particular tasks when asked to do so represents a
clear act of intention, which confirmed beyond any doubt that
she was consciously aware of herself and her surroundings,” the
researchers noted in the study.
September
11, 2006
CALIFORNIA
Judge: ADA lawsuit against Target can proceed
by
Eric Bangeman
In February, a blind University
of California-Berkeley student
sued Target over the discount retailer's web site.
Bruce Sexton Jr., president of the California Association of
Blind Students, alleges that Target's web site violates the
Americans with Disabilities Act by not making the site fully
navigable by the visually impaired. His lawsuit was filed in
conjunction with the National Federation of the Blind and seeks
class-action status. . . . Late last week, a judge
ruled that the lawsuit could go forward. In the case
of the National Federation of the Blind v. Target, Judge Marilyn
Hall Patel ruled that retailers can be sued if their websites
are not accessible to the blind. In her opinion for the US
District Court for the Northern District of California, Patel
wrote that "the 'ordinary meaning' of the ADA's prohibition
against discrimination in the enjoyment of goods, services,
facilities or privileges, is that whatever goods or services the
place provides, it cannot discriminate on the basis of
disability in providing enjoyment of those goods and services."
WASHINGTON
Disabled woman wins: Motel can't refuse dog
Inn plans to appeal $2,500 fine
over service animal
By
Kery Murakami, P-I Reporter
Dawn Lucas pulled open the door
of her subsidized apartment in Seattle. And to the right of her
wheelchair stood her dog, Otter. . . . "November, we'll be
together five years," she said. . . . After maneuvering her
chair around, she held onto Otter's leash with one hand and the
harness around his chest with the other. "Forward," she said,
and Otter began walking toward the elevator, Lucas in tow. . . .
It was in much the same way that Lucas and Otter left the YWCA
Angeline's Center for Homeless Women downtown in May 2004. They
got on a Metro bus and headed up Aurora Avenue North in search
of a cheap motel room for the night. . . . But Lucas was turned
away when she and Otter got to the Georgian Motel at North 88th
Street.
August 25,
2006
Disabled Student Learning the Law With the Help of Some Paws
New
York Lawyer, By Honor Jones, The Legal Intelligencer
Jinks is smarter than the average
dog. He doesn't chew stilettos or steal food off the counter. He
doesn't lie around drooling over tennis balls all day. Instead,
Jinks, a 4-year-old golden lab, is helping Gina Goldblatt go to
law school. . . . Goldblatt, 23, has cerebral palsy, a brain
injury that severely limits her ability to stand, walk, and do
simple tasks such as picking things off the floor, paying
cashiers or handing in homework assignments. . . . Goldblatt's
physical limitations, however, couldn't keep her from traveling
3,000 miles away from her family's home in Northern Virginia to
attend college at the University of
Arizona. She has just graduated, and is planning to start law school in the
fall of 2007. . . . She credits her canine companion with
helping her to open doors - both figurative and literal -
including those allowing her to get to law school.
CALIFORNIA
Disability Rights Group Sues Over Calif. Sidewalks
NewsMax.com Wires
A disability rights group sued
the state Wednesday alleging sidewalks along California highways
violate federal and state law because they are unfit for
wheelchairs. . . . The suit filed in federal court against the
Department of Transportation by Californians for Disability
Rights Inc. seeks no money, but demands the state repair the
sidewalks. . . . "I'd like to limit the thrill rides to
Disneyland and avoid them while traveling along Pacific Coast
Highway," said plaintiff Ben Rockwell of Long Beach, who uses a
wheelchair. . . . Many sidewalks do not have adequate access
ramps and light posts and crumbling walkways hinder access, the
suit said. The Americans With Disabilities Act and a similar
state law require sidewalks are accessible for everyone.
July 14, 2006
Disability claims appeals swamp veterans court
By
Dennis Camire, Gannett News Service
Veterans appealing disability
claims and other issues may soon be waiting much longer for
decisions. . . . The U.S. Court of Appeals for Veterans Claims'
case backlog has more than doubled in the past two years to 5,800.
If the trend continues, veterans could be waiting more than three
years for a decision from the court, said Sen. Larry Craig,
R-Idaho, chairman of the Senate Veterans Affairs Committee.
Currently, it takes a year, on average, for a case to go through
the court. . . . "With thousands of wounded service members
returning from Iraq and Afghanistan, we must ensure that our
veterans will receive timely decisions on their claims," Craig
said at a committee hearing on the issue. . . . For Irving M.
Levin, 83, a World War II veteran appealing a disability claim
decision by the Veterans Affairs Department to the court for the
third time, time is running out.
UNITED STATES
SUPREME COURT
At the End of its Term, The Supreme Court Denies Mentally Ill
Defendants' Right to a Fair Trial
By Sherry F. Colb
Two weeks ago, the U.S. Supreme
Court, in
Clark v. Arizona, upheld Arizona's insanity
defense and affirmed a trial judge's refusal to consider expert
testimony about the defendant's mental illness to rebut
prosecution evidence of intent. The decision moved in the
direction of depriving mentally ill people of an equal right to
defend themselves against criminal charges. . . . In the case
before the Court, Eric Michael Clark had been convicted of
killing Jeffrey Moritz, a police officer. At his trial, Clark
did not dispute that he had shot Moritz to death but claimed
that he did not know - as the Arizona statute required - that
Moritz was a police officer. He also claimed insanity, which
Arizona defines as the inability to understand that one's
actions are wrong. . . . In the service of these two defenses,
Clark offered psychiatric expert testimony and the observations
of lay witnesses. The trial judge in the case played the roles
of both judge and jury, because Clark had waived his right to a
jury trial. The judge decided that he would consider the
psychiatric testimony only on the question of insanity, but not
on the second question of whether Clark had the knowledge or
intent to kill a police officer required for him to be guilty of
first-degree murder in Arizona.
Crazy Law
The Supreme Court beats up on
the insanity defense.
By
Emily Bazelon
The psychiatrists who testified
in the case of Eric Clark agreed that he was a paranoid
schizophrenic, and actively psychotic, when he shot and killed a
police officer in Flagstaff, Ariz. Clark had previously been
hospitalized for his mental illness. After his release, he
retreated to one room in his house, rigged up a fishing line
with beads and wind chimes to warn of intruders, and said that
aliens were trying to capture and kill him. In the two days
before the shooting, which took place in 2000 when he was 17,
his parents frantically—and fruitlessly—called mental-health
facilities and a lawyer in an effort to get him recommitted. . .
. Yet the Arizona courts found that Clark "intentionally or
knowingly" killed a police officer, convicted him of
first-degree murder, and sentenced him to 25 years to life. Last
week, the Supreme Court
affirmed his conviction. The justices rejected the
argument that Clark's right to a fair trial was
violated because he wasn't allowed to offer evidence of his
mental illness to counter the state's claim that he had killed
the officer knowingly and on purpose.
June 13, 2006
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