A new trend is emerging. Persons who have disabilities are no longer accepting substandard service, access or rights. Several recent federal lawsuits and investigations have brought light to this new and important societal trend. The producers and creators of "The Price Is Right" have now agreed to be nondiscriminatory against potential contestants with disabilities. The entire set of the show is being redone, as well as the methods used to choose contestants. The Law School Admission Test (LSAT) recently agreed to be nondiscriminatory against test-takers with disabilities. Many movie theaters have now agreed to provide better seating and not just the 1st few rows of the theater. Amusement parks have agreed to have accessible rides and shows. The selling of tickets for entertainment or events must now be on a par with nondisabled purchasing abilities. Hospitals, doctors, and other medical services providers have agreed to stop requiring the deaf community to provide their own interpreters.

How did all of this come about? Candidly, if it wasn't for the ADA and other federal legislation prohibiting discrimination against persons with disabilities, it probably wouldn't be happening. Even with these laws on the books, it still takes lawsuits to make things happen. LaBovick Law Group has committed to representing persons with disabilities with the same intensity, fortitude, and aggression as all of our other clients. We are always interested in meeting with and representing persons and their families who believe they have been discriminated against based upon their disability. If you would like to speak to our attorneys, call Joseph R. Fields, Jr., Esq. one of the nation's premier disability rights litigators.

The recent media frenzy over the discovery of several persons in the Philadelphia area being kidnapped, tortured, and held against their will by criminals who were stealing their Social Security checks brings to mind the common mistake of not using correct terminology in describing persons, who happen to have disabilities. The articles I have read and the news clips I've watched all describe these victims as "disabled" persons. Since when did a person’s classification go first? Several of these victims were of different races, different sexes and statistically probably different sexual orientation. However, the media still forgets that classifications go last.

People are the victims of accidents and crimes on an hourly basis. Describing them as black, white, Hispanic, male, female, gay, straight, first is inappropriate. No more so than employees, friends or acquaintances should not be described by their race, sex or disability first. I have many friends who happen to be black, white, Hispanic, male, female, gay, straight, disabled, nondisabled. The same rules of description apply to persons who happen to have disabilities. They are not: a blind client, a white client, a disabled client, a black client, a deaf client, a male client, a mentally or emotionally impaired client, or a female client. They are persons, clients or friends who happen to be part of a particular group. The classification always goes last, as that is the least important part of a description.

An evolving body of law is allowing members of the disabled and/or deaf community (and their families) to secure compensation for violations of their rights. Doctors and other medical services providers, who accept Medicare and/or Medicaid, cannot refuse to treat a patient (or treat a patient differently) because of their disability. They cannot charge disabled, blind or deaf patients extra for providing medical services. They cannot charge for interpretation or signage services.

Doing so subjects those providers to monetary damages for violation of section 504 of the Rehabilitation Act of 1973. Members of the disabled and deaf community are entitled to the same treatment, policies, procedures and costs for treatment as all others. Recent decisions under 504 have awarded: $10,000, $62,000, and $35,000 to disabled patients/customers.

The time for asserting your rights is now! Attorney Joseph Robert Fields, Jr., Esq. can assist those discriminated against with the pursuit of their claims. Many such claims also include attorneys’ fees and costs for enforcing your civil rights. All cases are handled on a contingent hourly basis, with a “no recovery, no costs/fees to you guarantee.” Call 561-625-8400 to speak to him for free.

Several changes have now occurred to child support laws in florida that greatly affect recipients and payers. The most important change has been to the percentage of overnights that trigger a substantial reduction to the basic child support calculation. The old over 40% standard has now been reduced to over 20% of the overnights. What does this mean? The standard every other weekend and one night a week on the off week is generally considered to be slightly under 40% of the overnights. By having reduced the percentage to 20%, every standard visitation order now provides for overnights which entitle substantial reductions if requested. 3 extra nights a month could result in substantial reductions, in some cases, almost half the support! Additional changes deal with child care cost reductions and a requirement that support calculations involving multiple children must include termination dates for each child. Requests to deviate from the guidelines now have additional reasons to be granted. If you have questions regarding your child support guidelines florida, LaBovick Law Group provides an initial free consultation to discuss your case. Call us toll-free at 1-866-522-6842.

Thursday, September 15, 2011

A cruise ship caught on fire off the coast of Oslo, Norway killing two crew and injuring nine forcing all the passengers to evacuate the cruise ship. Preliminary investigations reveal that there had been an explosion in the ships engine room causing a fire that led to the death of two crew members and injuring nine others. Everyone was evacuated safely off the ship and no passengers were hurt. The ship was relatively small, 207 passengers and a crew of 55.

Later in the day, the fire had been reduced and was under control but the vessel had been taking on water and listing to one side. The main challenge now is the stability of the ship in an effort to keep it from sinking.

The fire started at 9:20 am local time and the passengers were all safely evacuated onto the life boats within a matter of minutes. According to the crew, everything went smoothly and there was no panic.

This case is an excellent example of crew preparation and the necessity of educating passengers as to the location of their life vests and the appropriate evacuation procedures. Every cruise ship goes through what is commonly referred to as a “muster” most experienced cruise passengers have been through many musters and they are not much fun. While the chances of actually have to debark a ship under emergency situations such as those experienced by the aforementioned cruise ship are rare, having the experience, wherewithal and knowledge to do it efficiently, calmly, and properly is what saves lives.

It is well known in the industry that the biggest enemy of a ship is a fire. A serious fire can spread quickly and dangerously throughout a ship if not properly contained therefore, it is extremely important that the crew be well versed in the process of evacuation and that the passenger’s cooperate implicitly in the evacuation exercises. If the muster were not practiced by the crew and the passengers, chaos would ensue leading to death and significant injury.

The crew of the this cruise ship must be commended for its excellent execution of the evacuation process and no doubt saved lives and prevented injury.