Making your home and property accessible for persons with disabilities following a hurricane

 

By Matthew Dietz

In times of disasters, most people focus on rebuilding, increasing accessibility for persons with disabilities does not register as important or necessary.  However, not only are accessible alterations required by law, they are frequently covered by most insurance policies as compliance with code or ordinance of law.  The failure to include disability related modifications is due to a lack of knowledge of the existence and requirements of modifications on the part of insurance adjusters.

Law and Ordinance Coverage

Many insurance policies contain law and ordinance coverage, which is an additional coverage for property holders that pay additional amounts which may be required because of a requirement to comply with a law or a building code.  Two examples are as follows:

Policy Example 1: When the dwelling covered under Coverage A – DWELLING is damaged by a Loss Insured we will pay for the increased cost to repair or rebuild the physically damaged portion of the dwelling caused by the enforcement of a building, zoning or land use ordinance or law if the enforcement is directly caused by the same Loss Insured and the requirement is in effect at the time the Loss Insured occurs.

Policy Example 2: With respect to the building that has sustained covered direct physical damage, we will pay the increased cost to:

 (1) Repair or reconstruct damaged portions of that building; and/or

 (2) Reconstruct or remodel undamaged portions of that building, whether or not demolition is required; when the increased cost is a consequence of enforcement of the minimum requirements of the ordinance or law.

Most property insurance adjusters are aware of changes required by local code and while some local codes have accessibility requirements; however, most adjusters are not aware of the requirements of disability rights laws.  Further, accessibility updates may not be required when the damage is not over a certain percentage of the property.  Improvements required under the Americans with Disabilities Act, the Fair Housing Act, and Section 504 of the Rehabilitation Act are included within law and ordinance coverage, and when any element of property is altered, the alteration is required to comply with these laws.

Modifications for owners or residents of single family homes or apartments. 

Under the Fair Housing Act, a resident in a property is entitled to have a necessary modification for his or her disability if the resident pays for the modification.  To the extent that a request is made under the Fair Housing Act, the requested modification is required by law.   However, when a property, or part of a property is destroyed, insurance should pay for the regular costs to replace the property, and the tenant is only required to pay the additional costs associated with the structural changes that would be over and above the cost of the original design.

Example 1:  The entry to a home was destroyed, and the home had steps, which were covered by a plywood ramp that the tenant used to enter or leave his home.  If the entry to the home was required to be replaced, the insurance company would be required to pay for a permanent ramp if it was the same amount to replace the existing steps and the plywood ramp.

Example 2:  A bathroom suffered extreme damages and needed to be repaired.  A lavatory with a removable base could be installed to provide increased maneuverability, instead of a fixed base cabinet.  If it is done at the same price, then there would no additional charge above the insurance.  However, if the bathtub needed to be replaced, and the tenant wanted a roll-in shower, the tenant would be responsible for the difference in the cost between a bathtub and a roll in shower.

It is important to note that the modifications are not limited to the residents, but also to family members, guests, or visitors who may need a modification for their needs as well.  The only caveat, is that for modifications to the interior of the premises, a renter may be required to pay to restore the element in the interior of the unit to its original condition, where it is reasonable to do so.  (It would be reasonable to remove grab bars, or a cabinet, while it would not be reasonable to narrow doors that are widened, or exchange a bath for a shower.)

The failure to allow for reasonable modifications by insurers may also subject an insurer to liability under 42 U.S.C. § 3605 and 24 CFR 100.70 for providing such insurance differently because of one’s disability-related needs.

Modifications for owners or managers of housing that receives federal financial assistance, such as HUD subsidized housing, public housing authorities, and student housing.

Federally-funded housing has the obligation to ensure that all alterations are fully accessible.  To the extent that the building is an older building, and does not have fully accessible units, than the property owner or manager has an obligation to ensure that five percent of the units in the facility are fully accessible.  The standard for accessibility for housing facilities is under the Uniform Federal Accessibility Standards (UFAS).  The Checklist for accessible properties and accessible units are available on the HUD website.

However, the obligations of a recipient of federal financed entities is not limited to when a natural disaster strikes. The property owner or manager has an obligation to modify the property at the request of a resident at any time, as long as the request is not an undue burden or a fundamental alteration.  However, in times of natural disasters, and due to the availability of financial assistance through insurance, a property manager may not claim undue burden for extensive modifications, such as installing a roll in shower, extended ramps, lifts, taking down walls or doors, replacing stoves or refrigerators, or the like.

Modifications for public accommodations, such as private businesses, stores, food service establishments, or places of lodging.

 The Americans with Disabilities Act requires that all alterations comply with the standards for new construction under the ADA Standards for Accessible Design.  To the extent that a primary area is altered, the path of travel to the altered area and the bathrooms, and other elements must also be accessible. 42 U.S.C. § 12183.

For example, in 1998, a lightning bolt struck Mercersburg School in Pennsylvania and destroyed its roof and damaged units of its residence hall.  Mercersburg made a claim on their insurance policy to upgrade the damaged portion to comply with the ADA, and purchased additional coverage to demolish and renovate portions of the property to comply with the law.   The Court determined that the insurer was obligated to pay any post-fire renovations that “were mandated by the ADA” and did not require an official to enforce the law by issuing a citation — all that it required was evidence that the renovation or modification was necessary under the law. Regents of Mercersburg Coll. v. Republic Franklin Ins. Co., 458 F.3d 159, 171 (3d Cir. 2006).

To the extent that an area of the facility has not been damaged and covered by insurance, the entity would be responsible to remove architectural barriers where the removal of such barriers is readily achievable. This is a lower standard than the requirements than what is required for new construction and alterations, but it still must ensure that a person with a disability has equal use and enjoyment of the premises to the extent that such modifications are within the financial means of the facility owner.  Small business owners are entitled to a yearly disability access tax credit to improve accessibility, and should take advantage of this benefit to ensure that everyone has the ability to be a part of the community.

 

 

 

 

Diversity – Does it Matter in the Legal Profession?

By: Matthew Dietz

The Florida Bar is fully committed to the enhancement of diversity within the Bar, the legal profession, legal education, and in the justice system, and affirms its commitment toward a diverse and inclusive environment with equal access and equal opportunity for all.

–The Florida Bar Board of Governors, May 2010

On June 23, 2015, the Supreme Court issued their ruling in Fischer v. University of Texas at Austin, Case No. 14-981, upholding race conscious admissions policies at the University of Texas, as long as it is only a factor in a holistic review as a means of obtaining the educational benefits that flow from student body diversity.     Justice Kennedy issued a muted opinion from the Court touting the benefits of diversity and quoted from a prior decision stating:

[T]he compelling interest that justifies consideration of race in college admissions is not an interest in enrolling a certain number of minority students. Rather, a university may institute a race-conscious admissions program as a means of obtaining “the educational benefits that flow from student body diversity.” … As this Court has said, enrolling adverse student body “promotes cross-racial understanding, helps to break down racial stereotypes, and enables students to better understand persons of different races.” … Equally important, “student body diversity promotes learning outcomes, and better prepares students for an increasingly diverse workforce and society.”

Diversity also promotes the image of impartial justice, knowing that lawyers and judges that have the panoply of cross-racial, and cross-cultural experiences will not have deep seated stereotypes or prejudices against persons because of who they are, what they believe, or what they look like. However, the diversity within the Florida Bar and the Florida Judiciary does not reflect the population of Florida. If one looks at the statistics of the Florida lawyers and judiciary, as compared to the population of Florida, it is elemental why it is important to ensure that diversity is encouraged to ensure the appearance of justice and the destruction of stereotype.

Category	Percent lawyers in Florida[1]	Percent Judges in Florida[2]	Percent in Jud. Nominating Commission[3]	Percent Population in Florida[4]
White/Caucasian	83	84.1	86	55.3
Hispanic	10	8.9	9	24.5
African American/Black	3	6.7	4	16.8
Asian/Pacific Islander	1	.3		2.9
Other Race/Ethnicity	3			2.5
LGBT	3			3.5
Persons with Disabilities	2			13.1

Why does it matter for persons with disabilities?

In an interview, Mr. Trump said U.S. District Judge Gonzalo Curiel had “an absolute conflict” in presiding over the litigation given that he was “of Mexican heritage” and a member of a Latino lawyers’ association. Mr. Trump said the background of the judge, who was born in Indiana to Mexican immigrants, was relevant because of his campaign stance against illegal immigration and his pledge to seal the southern U.S. border. “I’m building a wall. It’s an inherent conflict of interest,” Mr. Trump said.[1]

 

Mr. Trump has stereotyped a judge solely because of his ancestry and a stereotype that the judge may not be in line with his views.  With a person with a disability, each lawyer, juror, and the judge carries with them a lifetime of stereotypes and misconceptions about persons with disabilities. Most of them start with….”I once had a friend that had a family member that…”  Accordingly, the person’s whole perception of disability is built around the abilities of one person, or, even worse, what people see on television.  So essentially, there is the myth of the “super-crip” or the incapacitated person.

The “supercrip” as superhuman that is lauded by the able-bodied as the inspirational person who “overcame” their disability.   If you have a disability in one area, then you more than make up for it in all other ways. If you are blind, you can identify a person’s footfalls; if you are deaf, you can read lips from two miles away; if you are autistic, you are a mathematical savant.  It is “inspirational” for a person who has a disability to be successful in society, when, in truth, persons with disabilities do not need to act as tools to inspire, but just to live.

On the other hand, the incapacitated person, who is not able to be productive and is essentially invisible is as common.  The person who is shuttered in a nursing home and neglected because society does not provide access.  Society considers these folks “better off” where they can be taken care of, as they have nothing to contribute to society.

Both of these stereotypes are pernicious.

So, as a trial lawyer for a disability related claim, the most difficult part is dealing with these stereotypes and educating my colleagues in the legal profession that people with disabilities are people, just like them.  We all need assistance at one time or another, just like them.  We all need accommodations at one time or another, and we all have something to contribute.

But, when there is two percent of lawyers who have disabilities, a negligible number of judges with disabilities, and no active recruitment of persons with disabilities in law schools, it’s difficult to say to my clients that this judge or lawyer has ever had contact with a deaf person or a blind person.  In every single one of my cases involving a deaf person regarding not being able to get an interpreter for a critical situation in his or her life, the deposition of that deaf person usually includes a detailed description of how a deaf person uses a videophone, drives, or other daily living activities.

So, when Justice Kennedy states educational diversity “promotes cross-racial understanding, helps to break down racial stereotypes, and enables students to better understand persons of different races.”  The same concept includes disability, and disability related stereotypes and attitudinal barriers against stereotypes must be broken down.

[1] http://www.wsj.com/articles/donald-trump-keeps-up-attacks-on-judge-gonzalo-curiel-1464911442

[1]2015 Florida Bar Membership Opinion Survey –  In December 2015, The Florida Bar sent an online survey link to a random sample of 3,078 in-state and out-of state, eligible members. By the cut-off date of December 30, the Bar had received 1,074 completed questionnaires, for a response rate of 35%. This response rate is acceptable for this type of lengthy online survey. https://www.floridabar.org/TFB/TFBResources.nsf/Attachments/4ECB247149A8546C85257F41007B6479/$FILE/2015%20Membership%20Opinion%20Survey%20-%20Final%20Report.pdf?OpenElement

[2] The Florida Bar President’s Special Task Force to Study Enhancement of Diversity  in the Judiciary and on the JNC’s, found at https://www.floridabar.org/TFB/TFBResources.nsf/Attachments/A4E41688279C883585257CE1004A0B9E/$FILE/Appendices%20to%20Task%20Force%20Report.pdf?OpenElement

[3] http://www.floridabar.org/TFB/TFBPublic.nsf/WNewsReleases/4F2B3E1B6C00CB3785257C8B00671B0B?OpenDocument

[4] US Census Quick facts for Florida information, found at  https://www.census.gov/quickfacts/table/DIS010214/12.

For Disability Statistics – ACS Disability Statistics 2010-2014, found at http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_14_5YR_S1810&prodType=table

For LGBT statistics – http://www.lgbtmap.org/equality_maps/profile_state/10

 

At The Intersection of Disability and Domestic Violence/Sexual Assault Myths and Misconceptions

By: Sharon Langer

Domestic violence myths and misconceptions abound. Nearly everyone will have some form of preconception on what domestic violence actually is; why abusers abuse and why victims are victimized.

In the same way as we tend to have a stereotypical picture of what domestic abuse is, we have similar pictures of what sort of person both the abused and the abuser are. We may assume the abused will have originated from a family where abuse took place, or may have been abused themselves during childhood. Some people believe the victim actually enjoys being abused in some masochistic way, or is encouraging it because they enjoy the attention of feeling victimized. Our perceptions tend to be distorted by domestic violence myths, perpetuated both by the media and by society in general, and are unrelated to the reality or the extent of Domestic Abuse. ANYBODY can become a victim of Domestic Abuse.

Following are some of the domestic violence myths and facts:

MYTH: Abuse only happens in certain “problem” families.

FACT :Abuse pervades every ethnic, social strata. White collar workers are just as likely to abuse their wives/partners as are blue-collar workers; financially independent people are just as likely to suffer abuse as are people on low incomes. It is not the social standing, the amount of stress lived under or the company kept which makes an abuser, but the internal need for power, the belief that they have the right to control someone else.

MYTH: Domestic Abuse is a family matter.

FACT: Abusing, battering, assaulting or raping another person is a criminal offence not a family matter.  Domestic Abuse has far-reaching social implications for everyone, affecting the abused person’s ability to lead a productive life and encouraging children brought up in an abusive home to repeat the cycle themselves and having a detrimental impact on their emotional and sometimes physical well-being. A lot of doctors and hospital time and funds are needed to help those who have been victimized or beaten.

MYTH: Domestic Abuse is not such a big problem – very few women are actually badly hurt.

FACT: Domestic Abuse is a HUGE problem. It is estimated that 1 in 4 women live in abusive relationships, and within our lifetime half of us can expect to be the victim of domestic or intimate partner violence. Abuse can be lethal. More women are killed by their partner or ex-partner than by a stranger. And even where physical violence has not occurred, the emotional scars can often have a lifelong effect on the victim.

MYTH: Some women ask for it, provoke it, want it or even deserve it.

FACT: NOBODY deserves to be beaten or abused. Women often have to walk on eggshells and try their best to avoid another incident. The abuser WANTS to abuse. This domestic violence myth encourages the blame-shifting from the abuser to the abused and avoids the stark reality that only the abuser is responsible for his/her own actions.

MYTH: Domestic Abuse is caused by excessive alcohol or the use of drugs.

FACT: A lot of research is going into the link between drug or alcohol use and violence. However, although some abusers are more prone to being violent when drunk, many more abuse when completely sober. Alcohol and drugs may increase the violence, but they do not cause it. Alcohol and drug abuse are separate issues from abuse, though they may overlap. Once again, blaming chemical dependency for abuse is missing the point, the abuser is responsible for their actions.

MYTH: Domestic abuse is a one-time incident.

FACT: Very rarely is abuse a one-time incident. Most often it is part of an ongoing means of establishing and maintaining control over another person. Abuse tends to increase both in velocity and extent over a period of time.

MYTH: It can’t be that bad, or she/he would leave.

FACT: There are many emotional, social, spiritual and financial hurdles to overcome before someone being abused can leave. Very often, the constant undermining of the victims self-belief and self-esteem can leave him/her with very little confidence, socially isolated, and without the normal decision-making abilities. Leaving or trying to leave will also often increase the violence or abuse, and can put both the victim and her children in a position of fearing for their lives. Leaving is the ultimate threat to the abusers power and control, and he will often do anything rather than let her go.

MYTH: Abusers are always coarse, violent, and easily identified

FACT: Abusers are often charming, popular, generous people who can hold positions of social standing. and authority. Abuse is kept in the privacy of their own homes. This “Jekyll and Hyde” tendency of the abuser can further confuse and frighten the person being abused, as the person in private is so different from the person everyone else sees. It can also mean that when the person being abused finally does try to tell his/her friends, family or acquaintances of the abuse, he or she is not believed, because the person they are describing simply doesn’t fit the image portrayed in public.

Summer Fun and Discrimination against Kids (with or without disabilities)!

By: Matthew Dietz

Unless the housing facility is a qualified 55 and over housing development, a housing provider cannot have rules that treat children differently, and less favorably than adults. When the US Congress amended the Fair Housing Act in 1988, it prohibited housing practices that discriminate on the basis of familial status.When it amended the Act, Congress recognized that “families with children are refused housing despite their ability to pay for it.” In addition, Congress cited a HUD survey that found 25% of all rental units exclude children and that 50% of all rental units have policies that restrict families with children in some way. The HUD survey also revealed that almost 20% of families with children were forced to live in less desirable housing because of restrictive policies. Congress recognized these problems and sought to remedy them by amending the Fair Housing Act to make families with children a protected class. So any rules, that do not have a legitimate safety justification, cannot indicate a “preference, limitation, or discrimination” against children under the age of 18. This includes rules that prohibit children from common areas in the facility with or without supervision, or limit the facilities of the housing development to adults. All rules must apply to children and adults equally, and cannot solely target children’s behavior.

If rules have a legitimate safety rationale, then such rules may be legitimate. But, again rules such as all children under sixteen must be supervised by an adult does not have a safety rationale, but a discriminatory basis against loud teenagers. On the other hand, a fifteen year old at a gym may injure him or herself on free weights without having supervision.

Summer camp must be inclusive

Over the past fifteen years, I have had several cases involving children who were not permitted to go to the summer camp of their choice, or were segregated in the summer camp because of the child’s disabilities. A summer camp, like any other public accommodation under the Americans with Disabilities Act, must provide reasonable accommodations for campers with disabilities, and must not segregate them from other students. Camps operated by governmental entities or colleges have a broader duty to accommodate campers with disabilities than some private entities that do
not have the same resources as a governmental entity. Examples of situations which I have encountered over the years are as follows:

• Children who are Deaf – Deaf kids have the right to a qualified sign language interpreter for all programs and services of a camp that involve communication that is long, complex, or important. Examples of this would be instructions on how to play a complicated game, story time, puppet shows, and educational instruction. If there are games that involve communication, then an interpreter would be appropriate so the Deaf child is included.
• Autistic kids – If a child who lives with autism has a one-on-one aide at school, for the same reasons, that child may need a one-on-one aide at a camp. Further, if a child needs further instruction in a game, or assistance with social interactions, that would be an accommodation that must be provided.
• Kids who have a medical condition such as Diabetes – If a child has a medical condition, or needs assistance with a medical condition, such as diabetes or HIV, then the question is whether the child poses a direct threat to his or her own health or the safety of others. If a child needs minor assistance with a medical condition, or can manage his or her own medical needs and monitoring, a camp cannot discriminate against these children.
• Kids with mobility impairments or other physical disabilities – Camps, like any other public accommodations, must have their facility accessible to children with disabilities. Older camps must do modifications that are readily achievable, easily accomplishable and able to be carried out without much difficulty or expense, and those camps altered or built after 1991 must be constructed accessibly. The camp is also responsible for making reasonable accommodations for campers with disabilities, which may involve some personal services, such as assistance in dressing, if similar services are available for able bodied campers.
• Kids with allergies – Kids who have allergies cannot be excluded from camps, and camps must be prepared to exclude certain allergens to accommodate a camper, and be trained in the event a camper has an allergic reaction. It would not be unreasonable to expect camp counselors to learn how to administer epinephrine auto-injector (“Epi-pen”) shots and dispense asthma medication, assist in administering Diastat for seizures in emergencies or otherwise teach camp counselors in basic first aid or CPR.

Parents can choose to send their child to a segregated camp, because some camps may provide special skills or advantages for children with disabilities, but the choice of going to a specialized camp is a choice, such as camps where all children are deaf.
However, all children may not be able to go to integrated camps. For example, there may be children with developmental disabilities or intellectual disabilities who would not be able to care for themselves at a sleep-away camp, and it would be a fundamental alteration of the camp’s programs to develop a program for one child’s disability. Further, if a child is dependent on mechanical supports, a camp would not be required to hire medical personnel to accommodate medically complex children. For these kids specialized camps are a phenomenal way to get out and enjoy the community. For example, Nicklaus Children’s hospital operates the VACC camp for technologically dependent children which includes swimming, field trips to local attractions,campsite entertainment, structured games, “free play”, to promote family growth and development while enhancing these kids’ self-esteem and social skills.

It’s so damn hot – my kid has asthma and needs an air conditioner

Last year, we represented a mother who had a child who lived in HUD-subsidized low-income housing. Asthma is often triggered by inhalation of air particles that contain allergens such as pollen, mold spores, dust mite droppings and animal dander. Air conditioners contain filters that collect and store these particles, keeping intake to minimum. Air conditioning also helps eliminate humidity on hot Florida nights which enables mold and algae to grow much more rapidly than it could if it were living in dry air. Some children and adults suffer from asthma to the degree that not having air conditioning may result in serious harm and hospitalization. Requesting to install an air conditioner unit in a home or apartment would be a reasonable accommodation for a person with a disability.

According to the Fair Housing Act, a tenant with a disability can request a reasonable modification. According to HUD Guidance, “A reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas.” Under the Fair Housing Act, a housing provider must permit the modification, the tenant is responsible for paying the cost of the modification. If the housing provider is a public housing authority or a housing provider that receives federal financial assistance, the modification must be paid for by the housing provider unless providing the modification would be an undue financial and administrative burden.
Another example modifications can be a pool lift!

Discrimination in Pool Rules

• No inflatable flotation devices.
• Water wings, swimmies, floats, bathing suits rings, and other inflatable devices are not permitted in the pools.
• Absolutely no dogs allowed in pool area

Also, under the Fair Housing Act, persons with disabilities can ask for “reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford … person(s) [with disabilities] equal opportunity to use and enjoy a dwelling.” So when a person is required to use water wings, floats, special swimming devices, they can do so. In order to request an accommodation, the person needing an accommodation should ask the housing provider, and if the disability is not obvious, then the person may need to obtain verification from a doctor, therapist, or any other provider verifying the disability and need for the accommodation.

In addition, “no dogs allowed” rules do not apply to service or emotional support animals, where their presence is necessary for the person with a disability equal use and enjoyment of the premises. The Fair Housing Act and the ADA does not override public health rules that prohibit dogs in swimming pools. However, service animals must be allowed on the pool deck and in other areas where others are allowed to go.

Kiddle Ordinance passes in Hallandale Beach

By: Michele Lazarow, Hallandale Beach Commissioner

I have always wanted to fight for those who could not fight for themselves. Once I realized that putting an official title in front of my name would be the best way to impact change, I ran for political office. I am now a Hallandale Beach City Commissioner.

I fight against all animal cruelty, but mostly I fight against the sales puppy mill puppies in pet stores. On one afternoon while I was at an event in Miami, I met Debbie Dietz and she told me about Kiddle’s Law. Hardly hearing about it and before I had even read it, I said yes without hesitation. I wasted no time asking our city attorney to a draft a version for Hallandale Beach. I told our attorney that whatever obstacles there were, we needed to make it work. She worked with Matthew Dietz to draft the best law possible for our first responders and residents.

I have three rescue dogs and spend time at the dog park. That was where I first met Polett Villalta and her service dog, Brandi. Polett is a long time resident of Hallandale Beach and is very active in our community. I had asked her what she thought about Kiddle’s Law and that was when Polett told me about a sad and scary experience that had happened to her and Brandi. After hearing about Polett’s experience of her dog being attacked and having to wait for her mother to come to her aid, I knew this was necessary for not only Hallandale Beach, but all cities.

If our first responders are able to take our human family members to hospitals during times of crisis, why shouldn’t our service animals be treated the same? Our animals are just as much a part of our family and no one should have to feel powerlessness when their family member is injured. I know how I have felt when one of my dogs was sick and I am able to drive her to the hospital. The idea that my dog would be injured or sick and not being able to get her to a hospital would be a constant concern. I feel great to know that we have a law in place that hopefully help protect anyone from experiencing that fear. I knew that my colleagues would support it without hesitation. As a result of our passage other Broward county cities are now considering Kiddle’s Law. If there is ever anyone who would like to pass this in their city, I would be more than happy to help. Please do not hesitate to contact me.

Michele Lazarow,  City Commissioner Hallandale Beach

Polett Villata’s Email:

“In 2007 as I was in my power wheelchair “riding” along Layne Blvd with my Service Dog, a man was rolling down the street in skates with a beautiful Siberian Husky off-leash. The Husky saw my dog and lunged at her, pinning her down and injuring her in multiple places. The dog’s owner ran over, grabbed his dog and took off without saying a word, calling for help or anything.

Now well, as a quadriplegic there was not much I could do to help my dog. She was crying, bleeding and helpless at the end of my leash. Luckily my Mother was a block away and drove over as soon as I called her, taking my dog to the vet for me.

Service animals are specifically trained to release all control to their owners. They trust us to keep them safe. That night I didn’t only lose thousands of dollars in training, plus vet bills, I lost my dog’s trust completely, and even though she still respects my

Polett Villalta

leadership, I no longer take her into public places as she’ll bark and try to hide under my chair anytime people approach.

Having 90% of my body not working, sitting in a wheelchair with a leashed dog who is injured, needing help and TRUSTING me to keep her safe and nobody around to assist is an extremely frustrating and powerless experience. I was “lucky” that my Mother was close by that night; this proposal – which I was delighted to hear about – would provide me a sense of relief in knowing that should I ever find myself in that situation again, I can call for help, get my Service Dog taken care of immediately, and focus on keeping her safe, healthy, trusting and working once such ordeal is over.

This would also empower our Police Department and/or Fire Rescue in my opinion, by providing them the legal grounds to assist without risking their jobs. I always say that Hallandale Beach has the BEST PD, and giving them the tools to do good would most definitely benefit us all as a community.

I have resided in Hallandale Beach for over 17 years.

Polett Villalta

Mindfulness and Law Practice

None of us likes the idea that our doctor is practicing on us, but she is. None of us likes the idea that our lawyer is practicing on us, but he is. We may dislike even more the idea that we are practicing law on our clients…but we are!

By: Benjamin Goodman

If you practice in the legal field, you have been practicing to practice since before you were even licensed, before law school even. And, once you are licensed, you continue to practice, and to learn, and to become better at practicing. Hopefully, the better you get at it, the more value you are providing to your clients, and the more they are valuing you.

Mindfulness practice is also a practice. It is not buying a meditation CD and trying to force yourself to relax for 20 minutes with your office door closed during lunch time. It is not watching a YouTube video of Jon Kabat Zin giving a Google Chat, or watching Matthieu Ricard giving a Ted Talk, or attending a conference featuring Ven Robina Courtin. It is not going to Yoga once a week. It is not any of these things…but it is all of them and more.

As with the practice of law, mindfulness practice takes time, learning, and patience. More importantly it takes a willingness to make time, to submit to teaching, and to be patient. Most importantly, it requires a daily commitment to do these things for as long as it takes.

Most of us could not have passed the bar exam straight out of undergrad, no matter how good we were. Most of us could not have passed the bar exam right after graduating from law school without having crammed intensely for at least two of the most horrible months of our lives. Most of us will not make partner at a prestigious law firm immediately upon being admitted to practice.

Mindfulness, as you learn to practice it, may help you with many things. In time, it will likely reduce stress. It will likely improve your communication skills. It will likely make you a better mediator, trial attorney, or judge. However, a law professor friend of mine reflected recently that mindfulness is supposed to help everyone these days…from pregnant mothers to drone pilots to obnoxious attorneys. But what good is mindfulness if it just makes you better at ripping everyone around you to shreds?

My answer would be that through mindfulness practice, you may become aware, perhaps for the first time, of what you are doing and why you are doing it. Maybe, just maybe, the shreds of human flesh will start to leave a bad taste in your mouth, and you will choose to stop. You are not a shark. You are an advocate for truth and justice for all.

Welcome Lisa Goodman to DIG!

DIG is pleased to introduce Lisa Goodman, as our new Staff Attorney.

Lisa graduated Cum Laude from the University of Miami School Of Law in May 2015, and was hired once she passed the Florida Bar Exam. During law school, Lisa was awarded the C.A.L.I. Excellence for the Future Award from her work in the University of Miami’s Children and Youth Law Clinic. It was because of her work with that clinic that she knew she wanted to enter the Civil Rights arena of law which ultimately led her here.

Lisa has a B.A. in advertising from the University of Florida. After graduating from UF but before attending law school, Lisa worked as a social media coordinator and we look forward to her utilizing those skills for us in addition to her legal work.

She comes to us fresh, enthusiastic, and ready to work with and meet all of our clients.

A word from Lisa…

Greetings to all DIG newsletter readers!

It is truly an honor to work at DIG. In my short time here, at DIG, it already feels like home and it is wonderful to be a part of the DIG family. I appreciate the warm welcome and I look forward to working with many of you!

Lisa

My Experience as a Summer Intern

By: Royal Newman, III

Working with Disability Independence Group Inc. (DIG) this summer exposed me to entirely new communities. Not only was I given the chance to see and participate in the internal workings of a law firm as they prepared for court, I was also able to interact with clients and partake in depositions. On multiple occasions, DIG provided opportunities to visit the courthouses. Everyone working with DIG went out of their way to help myself and the other interns understand and the concepts and work that went into each case at each step. But the most interesting community I was exposed to was the disabled community.

On my first day at DIG, I was handed a 1550 page document and told it was the first case of its kind. After working on my assignment for some time, Matt met with me and explained to me what he wanted my work to produce and I practically restarted. While working on that assignment, I was still able to work for some of the other clients as well. One of my favorite clients had obtained DIG’s services in hopes to be reunited with her emotional support sheep, Dora. After working directly with this client I was able to accompany Matt to a deposition of an opposing witness. During the break I was asked questions, almost as if answering an oral exam. Why did I ask this? Where am I going with that question? Why does that matter? It was great hands on experience and an opportunity to learn how to plan depositions and arguments. The friendly and outgoing staff made my time with DIG more enjoyable and beneficial. The DIG office is a work family; we took group pictures, went to group lunches, and even had a pizza and ice cream day. The comfortable and friendly environment allowed for more interaction and better quality education.

One of the fun parts about legal education is being exposed to so many different people, entities, and communities. This summer I was exposed to the disabled community. I learned so much more than I thought there was to learn about the deaf community. It was surprising to see how hard it is for the deaf to communicate without a translator. By talking with the staff and reading case materials, I learned a lot about the deaf community. Then I was able to partake in the intake process for a deaf client and interact directly with her. It was like nothing I had ever done before. Watching the client sign and get passionate about her case and hearing the translator providing her a voice to match her passion was incredible. Another 20 pages would not justly describe the experience of working with DIG this summer.

Thank y’all for helping me on the path to success, and for helping all those that you help.

FAWL Seminar – May 8, 2015  

The Florida Association for Women Lawyers held an inclusion Webinar titled: Recognizing Different Abilities for Leadership.  Matthew Dietz was one of the panel members.  The webinar discussed how distinct physical characteristics and abilities impact people and influence leadership.  The panel explored how to best open a dialogue about physical differences, what challenges are faced both individually and together, and how to recognize and accommodate them so as to create a community in which differences are accepted and recognized as an asset to the legal profession.

Law Day – May 1, 2015

Picture by: THEO KARANTSALIS

 

Over 100 students from Miami Central and Hialeah High Schools met with U.S. District Court Judge Laurel M. Isicoff, and several attorneys, at the James Lawrence King Federal Justice Building for a five-hour Law Day program that included watching court in session.

Students also honored the rule of law on the 800^th anniversary of the Magna Carta as well as learned how it inspired basic rights including due process. The Law Day events were a collaboration between District Court Judges Beth Bloom and Bankruptcy Court Judge Laurel M. Isicoff, the Southern District Court of Florida, the Federal Bar Association and Miami-Dade Public Schools. Disability Rights Attorney, Matthew Dietz, assisted in organizing the event.