by Julie Yates | Apr 8, 2019 | Accessibility, Americans with Disabilities Act, Civil rights, CREEC in the news, CREEC news, Disability rights, Education, Uncategorized
Imagine getting sick in, say, rural China. You’ve studied a bit of Chinese and decided to travel there. Then your stomach starts to hurt. A lot. No one at the hospital — from doctors to receptionists — speaks English, so when you try to communicate your symptoms in English, no one understands. They talk to you in Chinese and you understand the basics: lie down here; where does it hurt? But you need to tell them your medical history; they need to tell you their diagnosis and proposed treatment. Now imagine you’ve come to the hospital in extreme pain, or severely injured in a car accident, or in labor. This is the experience Deaf people encounter every day in their own country in hospitals and doctors’ offices: they need to explain their symptoms and history and to understand their diagnosis and treatment options in their native language — American Sign Language (ASL) — while medical personnel attempt to communicate with them using written notes or lip reading. Since ASL is a completely different language from English — and the latter generally a second language for most Deaf people — this puts the Deaf patient in the same situation as the traveler above. And written notes? Even if you’re fluent in English, imagine conducting your next doctor’s appointment — or emergency room visit or childbirth — by writing notes back and forth with doctors, nurses, and technicians; now imagine (if you’re native English speaker) writing back and forth in French or Russian. Imagine being a doctor and trying to obtain informed consent under these circumstances. Medical personnel should be insisting...
by Jean Peterson | Mar 20, 2019 | Accessibility, Americans with Disabilities Act, Case news, Civil rights, CREEC in the news, CREEC news, Curb cuts
Release Date: March 20, 2019 Colorado Springs – The City of Colorado Springs has settled a class action lawsuit by committing to installing over 15,000 accessible curb ramps throughout the city in the next 14 years. Curb ramps provide people with mobility disabilities a safe way to get on and off sidewalks as they travel through the pedestrian right of way. People with disabilities are the largest minority group in the country. Census figures estimate that 56.7 million, or 1 in 5 Americans, has a disability. In Colorado Springs alone, there are approximately 24,000 people with mobility disabilities who use wheelchairs, walkers, scooters or other mobility devices to get around. Missing, broken or poorly maintained curb ramps prevent people with mobility disabilities from safely using sidewalks, crosswalks and other walkways to participate in daily activities like getting to work or going to school. “I appreciate not only that this agreement will allow me to get to and from work more efficiently, but also that, when I find a problem, Colorado Springs has a system set up to resolve it. I look forward to my increased independence,” said Paul Spotts, one of the plaintiffs. Sharon King, another plaintiff, explains, “It’s frustrating when I am just trying to do my errands and I cannot get across a street because there is no curb ramp. I’m so excited that we have been able to reach this agreement with Colorado Springs so that I can get where I need to go without these barriers, just like everyone else.” “Federal and state disability access laws were enacted decades ago to provide persons with disabilities...
by Jean Peterson | Sep 4, 2018 | Americans with Disabilities Act, Case news, Civil rights, CREEC news, Disability rights, Immigration detention
The Civil Rights Education and Enforcement Center is pleased to announce the launch of the CREEC Immigration Detention Accountability Project and the appointment of Elizabeth Jordan as Director of the Project. The Immigration Detention Accountability Project will focus on three major areas: Impact litigation challenging the conditions of confinement in immigration detention centers; Impact litigation challenging discrimination against detained immigrants with disabilities; and Education and outreach on detention conditions and treatment of immigrants with disabilities. The Project will also provide pro bono direct representation of detained immigrants — in immigration and federal court — in support of these three goals. Liz Jordan joined CREEC as our first CREEC Fellow in June, 2017, proposing a project to challenge conditions in immigration detention facilities. Since that time, Liz and other CREEC lawyers and paralegals: have partnered with major national civil rights and immigration nonprofits to file a class action against President Trump and Attorney General Sessions challenging conditions of detained immigrants at Victorville federal medium security prison; are currently working on several other impact cases; have represented several individual detained immigrants; have spoken widely on each of these topics; and have prepared and circulated educational materials on the rights of detained immigrants with disabilities. Based on the success of Liz’s fellowship project, we decided to create a permanent Immigration Detention Accountability Project. The Project joins — and complements — CREEC’s ongoing education and litigation projects challenging discrimination in government, prisons and jails, public accommodations, housing, and other arenas. The Project’s website can be found by clicking here, please check up on that site for Project and case related updates...
by Amy F. Robertson | Jun 5, 2018 | Americans with Disabilities Act, Case news, Civil rights, CREEC in the news, CREEC news, Curb cuts, Disability rights, Discrimination
(June 5, 2018) The Portland Bureau of Transportation announced a major milestone in the City’s efforts to make Portland’s streets and sidewalks more accessible to people with mobility disabilities. Yesterday, United States District Court Judge Marco Hernandez issued a preliminary approval of the settlement in Hines, et al. v. City of Portland. The class action seeks to ensure that the City’s corners are ADA compliant. The City of Portland has over 38,000 corners. Approximately 11,000 corners do not have curb ramps. Many other corners have ramps that do not meet current ADA standards. Corners that do not have ADA compliant curb ramps represent a significant barrier to safe and convenient mobility for people with mobility disabilities. This landmark settlement will take a major step forward in correcting this situation. According to the settlement’s terms, the City of Portland has agreed to construct and/or upgrade 1500 curb ramps per year for the next twelve years for a total of 18,000 ramps. The City has also agreed to survey all ramps in the next two years and establish a Transition Plan to map out how the City will ensure accessibility. “We have nearly 40,000 corners in Portland,” said Transportation Commissioner Dan Saltzman. “Each corner is an opportunity. With the correct curb ramps, each of these corners represents a chance for our city to provide safe and accessible mobility to for all Portlanders regardless of whether they are living with a disability or not. That is why I am so supportive of this settlement. Thanks to this settlement, we will double the number of ADA compliant curb ramps we build each year...
by Amy F. Robertson | Feb 27, 2018 | Americans with Disabilities Act, Civil rights, Disability rights, Title III
ADA Defense Lawyers Prolong Litigation and Postpone Access: A Case Study of Litigation Abuse Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination by private businesses. Lawyers who defend noncompliant businesses argue that their opposing counsel — lawyers who represent people with disabilities seeking to enforce their rights — engage in litigation abuse. They are lobbying for passage of H.R. 620, a bill that would add the requirement of a specifically-worded demand letter and four-month waiting period before a disabled person could enforce their rights. This case study of ADA defense litigation abuse suggests that ADA defense counsel are already guilty of prolonging litigation, postponing access, and ultimately enriching themselves at the expense of both the businesses they represent and the people with disabilities who continue to be denied access 28 years after the ADA was passed. H.R. 620’s requirement of a demand letter will remove any incentive for voluntary compliance and will add a new round of motions for ADA defense attorneys to file — challenging the wording, content, and specificity of the demand letter — on top of the already unconscionable litigation delay that is their standard practice. To demonstrate the opportunities for delay in which ADA defense counsel typically engage, we looked at a case that a group of retail trade associations held up as a typical Title III case. In a recent amicus brief to the Third Circuit, lawyers for the National Association of Convenience Stores, the National Grocers Association, and the Food Marketing Institute singled out the case of Heinzl v. Cracker Barrel Old Country Store, Inc., No. 14-cv-1455 (W.D. Pa....
by Amy F. Robertson | Feb 6, 2018 | Americans with Disabilities Act, Disability rights, Discrimination, Title III
Congress is considering a bill — H.R. 620 — that would absolve all businesses currently in violation of the access requirements of Title III of the ADA — in place since 1990 — and permit them to wait to receive notice from a disabled person who encounters its discrimination, and then wait another six months to perhaps get some sort of solution underway. DREDF has some excellent resources and talking points. I thought this infographic might help explain how this bill rewards scofflaws and stops the progress of accessibility of the built environment. [There’s a separate image description of the infographic...
