The US Department of Justice (DOJ) recently announced a landmark settlement with a Colorado Sheriff's Department regarding their procedures and policies in dealing with persons with hearing impairments.

The resolution, which is being hailed as a landmark agreement, will likely be used by other jurisdictions as a template for what proper procedures and policies police departments should have in place for dealing with persons with hearing impairments. The settlement also resolves pending Americans with Disabilities Act (ADA) litigation against this department. There has been a growing trend across the nation for focusing on ADA policies and procedures beyond the typical/historic "wheelchair issues litigation" that most ADA litigation is focused on. Most police departments have ineffective, incomplete and vague procedures for dealing with persons with other types of disabilities. This landmark settlement can be reviewed at the website www.ADA.gov (make sure to click on the "New to ADA" link).

It’s important to have an experienced ADA attorney on your side in these complicated situations. LaBovick Law Group has a long history of supporting and enforcing the rights of persons with disabilities. Free consultations are available to discuss such issues and to determine whether appropriate litigation is necessary.

Are law firms required to comply with the Americans with Disabilities Act (ADA) when dealing with clients and the general public? You bet they are. Failing to do so just cost a law firm $60,000 and significant costs associated with changing their policies and procedures when dealing with disabled members of the public. Specifically, this law firm refused to accept calls from members of the deaf community; instead, they would demand that the caller call back when management was around. Two members of the deaf community complained to United States Department of Justice (USDOJ), which started an investigation. The investigation discovered this policy of discrimination. Of interest, the law firm was required to pay $30,000 to each of the 2 complaining parties, along with making substantial changes to their policies and procedures. Yearly staff training is now required of this firm, along with significant other and expensive modifications to the firm’s procedures.

LaBovick Law Group has divisions dedicated to pursuit of ADA compliance as well as defending businesses and property owners who find them inadvertently violating the ADA. Members of the deaf community are encouraged to enforce their rights under the ADA by pursuit of complaints of discrimination. LaBovick Law Group has successfully prosecuted medical services providers under section 504 of the Medicare Rehabilitation Act which prohibits discrimination against persons with disabilities by medical services providers. If you feel that you or someone you know has been a part of a discrimination act call us at LaBovick Law Group for a free consultation.

A South Florida eye care facility and its staff of physicians settled a federal lawsuit filed by a patient who is deaf. The patient sued the facility and its doctors for failure to provide interpreters during office visits. The patient, who relies upon American Sign Language for effective communication, filed suit under section 504 of the Rehabilitation Act of 1973. This federal anti-discrimination law requires doctors, hospitals and any other medical care facility that receives federal Medicare/Medicaid funds to not discriminate against persons with disabilities. Not providing an interpreter or some other equally effective means of communication resulted in the patient having the ability to sue for damages. Insisting upon lipreading or requiring the patient to provide his own interpreter resulted in a lawsuit seeking damages including not only the "pain and suffering" of being discriminated against, but also fpr attorneys fees and costs.

This recent settlement is the first of many such Section 504 actions being pursued by LaBovick Law Group. Persons with disabilities are entitled to the full range of services and facilities available to those without disabilities. Refusing to provide an interpreter is a violation of this federal law.

LaBovick Law Group has a specialized division dedicated to enforcing the rights of those with disabilities. If you feel your rights have been violated, please contact us for a free consultation.

The Americans with Disabilities Act prohibits discrimination against users of mobility devices. Disney World was recently sued by disabled users of Segways, attempting to overcome Disney World's complete ban of the use of such devices in their Orlando parks. This lawsuit has been pending since 2007 and has made several trips to the 11th Circuit Court of Appeals.

The most recent trip involved a class action settlement in which Disney World agreed to design and create special mobility devices similar to Segways that would take the place of these devices, yet satisfy the safety concerns of Disney and its risk management. Although Disney World management originally took the position that any such vehicle would be too dangerous for crowded parks, in a brilliant mediation tactic, an agreement was reached that would allow Disney engineers to create their own similar devices that would satisfy the risk management concerns. It looks like this class action settlement is going to result in new and improved designs for mobility devices to be used by persons with disabilities.

LaBovick Law Group has a dedicated division representing business owners and property owners in ADA litigation. LLG also has a dedicated division to enforce the rights of the disabled. Our two divisions provide dynamic insight for all our ADA clients in fashioning unique resolutions to unique problems. For a free consultation in either division, contact us by clicking here.

The US Department of Justice recently celebrated the 22nd anniversary of the Americans with Disabilities Act with its 200th settlement under Project Civic Access (PCA). PCA is the program that is being used to force recalcitrant local government entities to comply with Title II of the ADA. The 200th settlement was recently reached involving Kansas City, Mo.

Despite the ADA being in place for more than 20 years, many government facilities and programs are still not accessible to persons with disabilities. By having established PCA, the Department of Justice has been forcing local governments into compliance. The recent settlement covers not only the physical facilities of Kansas City but also programs and services, including Internet access and emergency alerts.

The USDOJ is to be commended on this 200th settlement. However, it is unfortunate that local governments are not taking the initiative themselves. Hopefully, it will not take another 22 years for all local governments to be compliant.

Persons interested in filing a grievance or complaint against local government agencies can contact the USDOJ through its website at http://www.ada.gov, or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY). For persons with disabilities who have experienced discrimination by a business or property owner, LaBovick Law Group has a dedicated ADA litigation/enforcement department that strives to enforce compliance through mediation and/or litigation. For a free consultation, please call department head Joseph R. Fields, Jr., Esq. at 561-625-8400.

The United States Department of Justice (US DOJ) announced an extension of the deadline for hotels and other public accommodations to modify their existing pool access for American Disabilities Act (ADA) compliance. The recent revisions to the ADA required every hotel and public accommodation with a pool to make significant and costly access modifications to their pool areas.

One of the required access modifications is the installation of a wheelchair lift on all pre-existing pools. However, there are not enough companies that make these lifts for the demand to be met. As a result of these concerns, the DOJ is extending the deadline and has announced a free webinar that will provide information and technical assistance regarding these requirements. The webinar will be held on May 9, 2012 from 2:30 to 3:45 PM EDT.

LaBovick Law Group has a division devoted to representing businesses and property owners that maintain public accommodations that fall within the requirements of the ADA. Division Director Attorney Joseph R. Fields Jr. is the only Florida attorney who has been called upon to testify before Congress regarding abuse of the ADA by litigation groups and their attorneys. Persons or businesses with questions regarding their obligations under the ADA may set up a free telephone conference to address their needs.

Since the passage of the Americans with Disabilities Act over 20 years ago, it is no longer uncommon to see persons with disabilities in all facets of society. But what about children with disabilities? Are children covered by the ADA law? Absolutely.

Child ADA Law Compliant Example

A recent complaint by the parent of a visually disabled child was recently settled with a requirement that the football league allow the child to a wear a tinted visor instead of forcing him to wear sunglasses that would fog up and fall off. Given the league’s only opposition to the request for an accommodation was that paramedics might have to remove the helmet to check the child's pupils in the event of an injury, the United States Department of Justice office in charge of enforcing private complaints had no trouble pointing to the dozens of professional football players who wear similar visors.

This case is a good example of parents being advocates for their children with disabilities. In situations where parents have done all they can do, and they are still not satisfied with the accommodation, an ADA law attorney with strong knowledge of the ADA laws and these types of settlements is absolutely necessary.

Contact an ADA Law Attorney

LaBovick Law Group has a division devoted to the rights of those with disabilities. Call the LaBovick Law Group at 888.777.3884 for a free consultation to discuss the ada guidelines and your options. The attorney team at the LaBovick Law Group help clients from our Palm Beach Gardens, West Palm Beach, Boynton Beach, and Boca Raton offices. We represent ada disability clients throughout Florida, including Palm Beach County, the Treasure Coast, Palm Beach Gardens, West Palm Beach, Jupiter, Boynton Beach, North Palm Beach, Stuart, Deerfield Beach, Port St. Lucie, Vero Beach, Lake Worth, Tequesta, Ft. Pierce, Lake Park, Riviera Beach, Boca Raton, Fort Lauderdale, Orlando, Tampa, Jacksonville, Miami, Pompano Beach, Hollywood, Coral Springs, Delray Beach, Greenacres and Wellington.

Hotels throughout the country are facing deadlines for providing access to their pools for persons with disabilities who use a wheelchair or other mobility device. As of this month, all hotel pools must have a lift or other method of entry for a person using a wheelchair. Unfortunately, there are not enough lift manufacturers or suppliers to cover every hotel in the nation.
Is the Department of Justice helping with this problem? Actually, no. When confronted with this developing problem several months ago, the Department of Justice issued a letter to the hotel industry which did absolutely nothing in regards to solving the problem. Given there are 51,000+ hotels in our nation, and substantially less lifts available, this is another example of the ADA gone bad.
Proper planning for the implementation of this change would have included provisions for where these lifts are going to be obtained from. The hotel industry is now faced with the prospect of substantial and costly ADA litigation over an issue that they now have no control over. Only time will tell whether this will be another federal government created debacle.
The easiest solution would be to shut down the pool and concrete it over. Was that what the ADA intended to do? Probably not.
The LaBovick Law Group ADA lawyers division provides legal and consulting services to businesses and properties that are open to the public. ADA litigation can be effectively prevented through compliance reviews available through this firm. For a free consultation.

In a landmark settlement for ADA defense, a South Florida entertainment complex recently settled an ADA lawsuit filed by a visually disabled plaintiff. Of interest in this case, Joseph Robert Fields, Esq. of LaBovick Law Group applied rarely-used Florida laws as the basis for claiming monetary damages. The complex agreed to significant changes regarding how visually-disabled customers are accommodated, how services rendered at the complex are provided to disabled customers, and agreed to modify their employee training and education system. In addition to paying damages to the visually disabled plaintiff, the defendant also paid significant attorneys fees and costs. LaBovick Law Group is one of the only law firms in the nation using state ADA law to recoup monetary damages for disabled plaintiffs. Persons with disabilities who would like a free consultation regarding discriminatory conditions or practices of businesses or property owners can contact attorney Joseph R. Fields.

LaBovick Law Group filed a Florida lawsuit on behalf of a paraplegic plaintiff, alleging the transportation giant Greyhound Lines was negligent in complying with American Disabilities Act standards when she fractured her leg on a Greyhound bus in March.

Full Press Release: Paralyzed Woman Sues Greyhound Lines for Two Counts of Negligence

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.

Discrimination against persons with disabilities comes in more flavors than just wheelchair issues. Quite often the media focuses too much on litigation and issues based on access by persons using wheelchairs. However, there are many other ways to discriminate against people with disabilities.

A recent settlement by the United States Department of Justice against the producers of The Price is Right reflects this changing perception and focus on other important ADA issues.

The settlement requires CBS and the show producer to not only make the TV set accessible to persons using wheelchairs, but also requires correction of issues pertaining to the visually and hearing impaired. Water fountains need to be accessible not only to persons who use wheelchairs, but also persons who have difficulty bending over. Bathrooms not only need to be accessible to persons with wheelchairs, they also need to not contain hazards to the visually impaired.

Continue reading "Disability Discrimination: It's more than just a wheelchair thing!" »

The Isle of Capri Casinos has been served with a lawsuit regarding the casino allegedly failing to adhere to the Americans with Disabilities Act guidelines and discrimination against a visually impaired and legally blind, Palm Beach County resident, Philip Juarez, reports, Joseph R. Fields, Jr., West Palm Beach ADA Litigation and ADA Defense Attorney.

According to the filed complaint, Mr. Juarez, plays Texas Hold 'Em and other card games for years at other South Florida casinos. The Isle of Capri Casinos Pompano Park is the only casino in South Florida that refused to provide Mr. Juarez with accommodations to play poker.

Mr. Juarez is represented by LaBovick Law Group in the lawsuit filed by Joseph R. Fields, Jr., Esq., West Palm Beach ADA Litigation and ADA Defense Lawyer on August 31, 2011, in Federal Court, Southern District of Florida.

Continue reading "Isle of Capri Casinos sued by Visually Impaired Poker Player for ADA Discrimination" »

Business Owners: Beware, Congress recently made changes to the Americans with Disabilities Act. They tinkered with the requirements for places of public accommodation. To assist businesses in full compliance, a safe harbor was created for businesses/properties that previously complied with the old rules. So, if you were in compliance before the changes, you are ok today.

The challenge for the ADA Defense of business owners or property owners is that just because there was compliance on one issue doesn't mean they are in compliance on all issues. This is especially true when there is a lawsuit involved. Simply because you have been sued once, doesn't mean that your business or property can't be sued again.

There are many new issues which should be inspected before you can feel safe from an ADA threat. Some of the new cases we see in the court house have to do with ticket sales, condominium hotels, hotel reservations, parking requirements, accessible bathrooms, and requiring VRI (video remote interpreting) for all businesses.

Continue reading "New ADA Laws Change Their Definitions Making It Easy To Get Sued" »

Emotional or therapy animals are not protected by the Americans with Disabilities Act. According to the US DOJ, emotional or therapy animals are not service animals and are not protected. Businesses have the right to question owners of such animals and to request that they leave if they fail to establish entitlement to having a service animal with them.

Businesses should not inquire about the actual disability, but rather the nature of the work the animal is trained to do that the persons disability prevents them from doing. This is often times a "thin ice" proposition, but one that can be traversed. For more information about such animals, please feel free to call us for a free consultation.

Continue reading "EMOTIONAL OR THERAPY ANIMALS NOT PROTECTED BY ADA" »

Congress has changed the ADA again. Have you previously been sued for Title III violations because your property or business was allegedly inaccessible? Have you been the victim of drive-by litigation filed by professional plaintiffs? Get ready for round two!

Despite having multiple opportunities to fix the inherent problems of attorney fee driven litigation, Congress has yet to solve the problem. The latest fiasco/attempt has resulted in new and additional obligations on the part of property or business owners and still does nothing to stem the tide of these frivolous lawsuits.

Changes to the standards used by governments and Judges, to evaluate ADA accessibility, have been made. Several of these standards now oblige property owners or business owners to make additional changes or face litigation. For small businesses, this is a disaster. Changes made as a result of a prior fee driven lawsuit cannot be used as a defense to a lawsuit claiming violation of new standards. This changed law gives these groups new reasons to file lawsuits against previously sued business owners or property owners.

Continue reading "The ADA is Changing Again, Are You Ready For Another Round of Lawsuits?" »

Disabled workers have a new sense of hope for improved workplace conditions. As of May 24, 2011, legislation was passed, establishing a new set of ADA laws on the books. The new ADA regulations have the power to protect your employment in uncertain times. Brought by the

EEOC, these updated laws revise the Americans with Disabilities Act and prevent loopholes and discrimination against disabled individuals.

Have you noticed anything different at work? If not, the failure of your employer to make acceptable workplace accommodations may be in violation of the new law. A significant aspect of this new and improved Americans with Disabilities Act is the mandate to construe the ADA broadly and to do away with any questioning of claimed disabilities.

Under the prior law. the EEOC did not protect workers whose employers questioned them outright about the validity of their disabilities. It was up to the worker to submit proof of their conditions. Mental illnesses including temporary and long-term conditions are addressed; in addition, impairments that are considered to be in remission still qualify as protected disabilities.

Continue reading "New ADA Laws and EEOC" »