Justice Department Reaches Fair Housing Settlement with Design Professionals in Disability Lawsuit

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE

Thursday, May 16, 2013

The Justice Department today announced a settlement with the architects and civil engineers involved in the design and construction of multifamily housing complexes located in Mississippi, Louisiana and Tennessee. The department’s lawsuit alleges that nine multifamily housing complexes with more than 800 units covered by the Fair Housing Act’s accessibility requirements were designed and built without required accessible features. No settlement has been reached with the developer, builder or former owners of these properties, who are alleged to have violated not only the Fair Housing Act, but also the Americans with Disabilities Act.

Under the settlement, which was approved today by the U.S. District Court for the Southern District of Mississippi yesterday evening, nine architects and civil engineers will pay a total of $865,000 to make the complexes for which they were responsible accessible to persons with disabilities. They will also pay $60,000 to compensate aggrieved persons harmed by the inaccessible housing alleged in the government’s lawsuit. The settlement requires these defendants to undergo training on the Fair Housing Act and to provide periodic reports to the government.

“Persons with disabilities are entitled to equal access to housing under the Fair Housing Act,” said Eric Halperin, Senior Counsel and Special Counsel for Fair Lending in the Civil Rights Division. “This settlement makes clear that the department takes seriously the accessibility requirements for multifamily housing.”

“The U.S. Attorney’s Office is committed to working with the Civil Rights Division to help ensure that those who design and construct housing units make them accessible to persons with disabilities in compliance with the Fair Housing Act and the Americans with Disabilities Act,” said Gregory K. Davis, U.S. Attorney for the Southern District of Mississippi.

The architects and civil engineers involved in this settlement are Stephen G. Hill, Pickering Firm Inc. a/k/a Pickering Inc.; Larry Singleton d/b/a Singleton Hollomon Architects, H D Lang And Associates Inc.; Richard A. Barron, Architect, Shows, Dearman & Waits Inc.; Canizaro Cawthon Davis f/k/a Canizaro Trigiani Architects; Evans-Graves Engineers Inc. and J.V. Burkes & Associates Inc.

The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Title III of the Americans with Disabilities Act requires, among other things, that public accommodations comply with specific requirements related to architectural standards to ensure accessible public and common use areas. More information about the Civil Rights Division and the laws it enforces is available at http://www.usdoj. gov/crt . Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov , or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.

10 Things to Never Say to a Person in a Wheelchair

I found this very true gem about the wheeled existence online

Posted on: May 20th, 2013 by Tiffiny Carlson

Spend a week or a decade in a wheelchair, chances are you’ll be asked some pretty crazy things. And I get why–people are uncomfortable around things that are different, especially wheelchairs. (Even more so if they don’t know anyone who uses a wheelchair on a personal level).

Thoughtless ridiculous things tend to be said, and it they can be offensive, even if you didn’t mean it. If you don’t want to make a fool of yourself the next time you’re around a wheelchair-user, read on for the top ten things to never dare say or ask to a wheelchair-user. Unless you don’t mind us running over your toes then speeding off with sh#!-eating grins on our faces.

1) Slow down there. You might get a speeding ticket.

We may be on four wheels, but please hold off on comparing us to other four-wheeled vehicles–such as a car (ah-hem). I’ve been in a wheelchair for 20 years and I’ve probably heard this line about 1,000 times from random strangers (my family and friends know better). When you do see a wheelchair user and have the urge to blurt the speeding ticket line, always remember these two things: It’s not funny and it’s not original.

2) What happened to you?

There are countless other ways to go about asking why someone uses a wheelchair other than asking them point blank, “What happened to you?” There is a polite way to ask this, but you really can’t go there unless you know them a little bit first. It’s really not any of your business, just like how you wouldn’t want your personal issues open for discussion with strangers either.

3) How fast does that thing go?

This is a question power-wheelchair users hear constantly. It’s a valid question, but a rather annoying one that really doesn’t matter. It’s small talk, like the weather, but it’s a small talk we’ve had way too many times. Let me save everyone from the trouble and share how fast power wheelchairs can go, so you don’t have to ask anymore: Top speed chairs can go between 6 to 8 miles an hour and most power wheelchairs go around 4 to 5 miles an hour tops about as fast as a bike ride.

4) Do you know so and so in a wheelchair too?

Since a disability is one of the last minorities to be more understood by the mainstream, many still have some archaic ideas about it, and one is that they think we all must know each other. This world is not a village. Just like you would never ask an African American if they know your friend Michael (who is also African American), you should never ask this to someone who uses a wheelchair.

5) Is your significant other also in a wheelchair?

A nurse at my doctor’s office actually asked me this one and it blew me away because it was such an old-fashioned idea (and she wasn’t that old). Asking this rediculous question will make you sound ancient.

While some of us end up dating and marrying another wheelchair-user, it only happens like 15% of the time, if that. So do yourself a favor and simply never ask this question, unless you don’t mind shoving your foot in your mouth real far.

6) I’d rather die than be disabled.

I was told this by a fellow student while in college, “I would rather die than be like you.” I don’t think she meant anything by it, but it’s certainly stayed with me all these years. And by the way, maybe you do feel this way and you’re entitled to your feelings, but it’s probably never a good idea to share this with someone with a disability.

7) You’re good looking for being in a wheelchair.

Gussy yourself up real good, lose some weight, buy a new outfit, slick back your hair; however you make yourself look hot, chances are when you go out in public looking this way you may get some crazy quips from random walkers-by. And one of the most common, the backhanded compliment, “You’re too good looking to be in a wheelchair.”

If you really want to flatter someone in a wheelchair who has their head on straight, you’ll get nowhere with this compliment. Instead, just tell them that they look great without the wheelchair qualifier. Remember, beauty can be found in any place, even in the seat of a wheelchair. If we can go to the moon, an attractive person in a wheelchair is possible.

8) Good for you.

Perhaps one of the most outrageously awful things you can say to someone who uses a wheelchair is “Good for you!” whenever we do something basic, like pick up dropped groceries at the grocery store or I dunno, go out in public. Older folks do tend to say this more often than younger people, so it’s hard to get mad at a senior citizen when it happens, but when you do something as simple as drive your wheelchair up a ramp, and someone says as you whiz by, “Good for you,” you almost can’t help but want to punch them in the face.

9) Can I ask you a personal question?

No one in a wheelchair can go unscathed from this notorious preamble of a question. And whenever I hear it, it reminds me of an episode from My Gimpy Life (a great web series starring Teal Sherer, an actress and paraplegic), who when getting money out an ATM, a guy in line went on to ask her if she could have sex by first asking if he could ask for a personal question. Again, a valid question, but one you shouldn’t ask a wheelchair-user unless you’re close. We are not talking parrots on display for your amusement.

10) Hey speed racer. Can you pop a wheelie?

And lastly, there’s nothing like calling a full-grown adult who uses a wheelchair “speed racer.” We are beyond wanting to be named after cartoon characters. Sometimes we have to go faster when we’re late but please don’t call us speed racer as we roll by.

If only more people remembered we are still human with normal functioning brains (I know, hard to believe), then a list like this wouldn’t be so necessary. So pass it around, retweet, like it, (lick it if you can) and help change the world little by little by committing these faux pas to memory.

What things can you not stand people asking you?

Gay hate crimes out of control in New York, 5 attacks and one murder in 4 weeks

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Another Apparent Hate Crime In NYC Within Hours Of Last Night’s Anti-Hate Rally

http://www.towleroad.com/2013/05/rallymarch.html

This would be the sixth alleged gay hate crime in New York City in just over a month. Update: It now appears there was not one, but two attacks on Monday evening.

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reposted from an online story on May 21, 2013 at 2:38pm EDT

Just hours after thousands of New Yorkers joined Edie Windsor, Christine Quinn, and the family of recently slain Mark Carson to rally against hate crimes, another gay man was reportedly attacked in an apparent hate crime in the city’s East Village. According to Bruce Yelk of NightLifeGay.com, witnesses saw Dan Contarino, a former club promoter, being kicked and beaten by an assailant yelling gay slurs. Catarino posted on Facebook and Twitter about the alleged incident, which took place on Avenue D and 4th Street

New York Man Fatally Shot In Alleged Anti-Gay Hate Crime

Posted: 05/18/2013 2:45 pm EDT | Updated: 05/19/2013 1:22 pm EDT
Village Cigars Greenwich Village New York City

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UPDATE May 19 at 12:52 p.m. EST: A New York Times report has identified the victim as Mark Carson, 32, and the suspect as 33-year-old Elliot Morales.

In what may be the latest in a disturbing series of crimes allegedly targeting New York’s gay community, a man was fatally shot in the head May 18 while walking through the West Village.

As NBC is reporting, local law enforcement officials are investigating the case as a hate crime after learning the suspect, who was arrested just blocks from the scene, allegedly hurled a series of anti-gay insults at the 32-year-old victim before shooting him.

Police Commissioner Raymond Kelly told the Associated Press that the suspect referred to the victim, who has been identified in the media only as a Brooklyn resident, and his companion as “gay wrestlers” after encountering them on the street shortly after midnight.

The suspect then reportedly shot the victim, who was later pronounced dead at a nearby hospital, in the face.

“This fully looks to be a hate crime; a bias crime,” Kelly is quoted by CBS as saying. “There were no words that would aggravate the situation that were spoken by the victims. They did not know the confronter.”

Meanwhile, the New York Post points to another bizarre detail. Roughly 20 minutes before the shooting, a bartender confronted the suspect, who had been caught urinating on the wall of a nearby bar. The suspect is said to have then threatened to shoot the bartender, noting, “Do you know about the shooting in Sandy Hook?”

Among those to decry the shooting was New York mayoral hopeful Christine Quinn, who said she was “horrified” to learn of the case on Twitter:

NYC Gay Couple Attacked in Daylight Hate Crime Outside Knicks Game

knicks gay

Nick Porto and his partner Kevin Atkins were attacked near Madison Square Garden on Sunday after they had enjoyed an afternoon brunch, DNA Info’s Matthew Katz reports:

GaycrimeThe pair were assaulted on Eighth Avenue, between West 34th and West 35th Street about 5 p.m., cops said — as the Indiana Pacers played the Knicks on Sunday.

Police said could not say whether the attack was a hate crime, as it was still under investigation, but Porto, who was left with a broken nose and severe headaches, said there was no doubt in his mind…

…Porto said that he and Atkins, 22, were walking arm-in-arm down Eighth Avenue after a leisurely brunch when a group of men he said were in their early-to-mid 20s and wearing Knicks jerseys started shouting slurs at the couple.

“They called us f—-ts,” said Porto, a clothing designer. “They made fun of my jeans — I made the jeans myself, for that day.”

When Porto turned around asked why they were shouting at him, the group of men knocked the pair to the ground and began to violently kick and punch them, he said.

Their attackers are unlikely to be identified, police say, as there were so many people in the area wearing Knicks jerseys. Atkins suffered a broken right wrist and lost his bag with iPad and cell phone in the attack.

Read more: http://www.towleroad.com/2013/05/nyc-gay-couple-attacked-in-daylight-hate-crime-outside-knicks-game.html#ixzz2TyHfQaLZ

Mia’s Thoughts
2 men were bashed leaving a knicks game at madison square gardens, by a gang of eight simply because they openly showed affection to one another

A week later two men leaving the iconic stonewall bar were attacked, one so severely he needed eye surgery.

A week later two men walking in the west village were attacked verbally, by a man using gay slurs and when they spoke back one man was followed around the corner and fatally shot.

Today less than 24 hours after the march against hate by New Yorks gay community and it’s straight allies, a man was confronted by a spanish speaking man using a latino gay slur and punched in the face.
Only hours before another couple were attacked

All the above because the perception , whether true or not that they were gay?

If this was attacks such as the trayvon martin case, or the Amadou diallo case or anyone of dozens of racially based attacks or rapes and attacks on women, The city would march not just from the gay center through the village, but to city hall and one police plaza in a second and the president would be giving press conferences.

Don’t get me wrong,
ALL HATE CRIME AGAINST ANYONE IRRELLIVANT OF RACE COLOR CREED RELIGION SEXUAL IDENTITY OR PREFERENCE PERCIEED OR REAL IS WRONG AND WILL NOT ,SHOULD NOT BE TOLERATED.
But it seems to this writers that when it’s against the gay community, there is an institutionalised attitude of “well you bring it on yourself”
why should we suffer fools in power who endanger our very lives because of a pious religous based attitude of judgement?.

WERE HERE WERE QUEER AND WERE NOT GOING ANYWHERE BUT THE HATERS CAN GO TO HELL.

Justice Department Continues Crackdown on Medical Facilities that Fail to Offer Auxiliary Aids and Services for Patients Who are Deaf

Reposted from CIDNY from a article By Seyfarth Shaw LLP on April 12th, 2013Posted in Auxiliary Aids and Services, Effective Communication, Legislative/Regulatory Actions,
By Chris Palamountain

The U.S. Department of Justice (DOJ) announced in early April 2013 that it has reached five settlements in the past four months with health care providers (a hospital, 2 rehabilitation centers, an ear nose and throat practice, and a sports medicine center) concerning access to services for persons who are deaf. The settlements provide insight (but not a definitive conclusion) into the auxiliary aids or services that the DOJ considers necessary to comply with Title III of the Americans with Disabilities Act (ADA).

Each of the complaining parties are deaf and use American Sign Language (“ASL”) as their primary means of communication. They filed complaints after health care providers denied their requests for ASL interpreters in the course of treatment at the providers’ expense. For example, a hospital seeking admission of a man who was deaf contacted both rehabilitation centers. After those centers failed to confirm that they would provide ASL interpreters, the man’s son filed complaints with the DOJ. Similarly, the hospital patient claimed that she was unable to communicate adequately with hospital personnel during her treatment, so she had to use her minor daughter to interpret for her. The complaints against the specialists involved patients who made requests for ASL interpreters prior to scheduled appointments, but the providers stated that it was not a provider’s responsibility to retain an interpreter, relying instead on written notes and gestures to communicate with the patient.

The settlement agreements require each provider to:

•provide “appropriate auxiliary aids and services, including qualified interpreters, where necessary to ensure effective communication” unless an undue burden or a fundamental alteration would result;

•make an affirmative and documented determination of what auxiliary aids or services are appropriate in consultation with any person with a disability using specific factors and a specific timeline (the particular factors and timing varies depending on the settlement);

•perform a communications assessment, using a form attached to the settlement, as soon as practical and document the results in the patient’s chart;

•post and maintain signs in the waiting area stating that the facility will provide qualified interpreters free of charge for patients, family members, and companions;

•maintain a list of qualified interpreters or interpreter agencies or arrange for the services of qualified interpreters, and submit that list to the DOJ;

•log each request for an auxiliary aid or service, including the time, date, requesting individual, the specific service requested, and the type of auxiliary aid or service provided;

•hire an outside advocacy group to provide mandatory, DOJ-approved training on an annual basis to all employees, staff, and affiliated individuals on Title III, including training in the degrees of hearing impairment and the use of auxiliary aids and services;

•submit written compliance reports; and,

•submit to DOJ oversight of compliance with the settlement agreement for 3-year terms.

The settlement agreements also require that each provider pay the complaining parties damages ranging from $0 – $15,000, and the DOJ civil penalties ranging from $0 – $1,000.

Although most of the settlements explicitly acknowledge that accommodations are not required when they impose an undue burden or fundamentally alter the nature of the services provided, for the most part the settlements dodge the key question of what level of expense rises to the level of an undue burden. Not surprisingly, the settlements demonstrate that whether or not a burden is undue may depend upon the size and nature of the public accommodation.

For example, the most detailed and onerous settlement duties are included in the hospital settlement, where the DOJ imposes a specific timeframe between the patient’s request for interpreter services and the hospital’s request for a third-party interpreter (15 minutes) and another timeframe for the actual provision of interpreter services (between 2-4 hours, depending on the circumstances), and includes examples of 16 specific medical and non-medical circumstances under which qualified interpreters must be provided. This settlement also affirmatively prohibits the hospital from ever requiring or coercing a family member or companion from facilitating communications (which is consistent with the ADA regulations). At the same time, the settlement expressly states that nothing in it “will require that an electronic device or equipment constituting an appropriate auxiliary aid be used when or where its use may interfere with medical or monitoring equipment or may otherwise constitute a threat” to the safety or care of the patient or others. However, by refusing the define the limits of which accommodations are reasonable or constitute a threat to safety, the DOJ leaves providers with the unenviable task of making such determinations at each stage of the service delivery process.

The charges underlying these settlements are Center for Orthopaedic and Sports Medicine, Inc., (Sports Medicine Settlement); Dr. Paul S. Biedenbach & Northern Ohio Medical Specialists Healthcare, (NOMS Settlement); Gainesville Health and Rehab Center, DJ No. 202-79-245 (Gainesville Center Settlement); Manassas Health Care LLC, DJ No. 202-79-243 (Manassas Health Care Settlement); and, Monadnock Community Hospital, DJ No. 202-47-66(Monadnock Hospital Settlement).

PAY ATTENTION RESTAURANT INDUSTRY THE AMERICANS WITH DISABIITIES ACT IS LAW AND WE WILL PROSECUTE VIOLATORS

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Justice Department Obtains Civil Penalties and Retrofits From Three Manhattan Rosa Mexicano Restaurants for Alleged ADA Violations.
By Seyfarth Shaw LLP on February 20th, 2013Posted in Barrier Removal, Department of Justice, Lawsuits, Investigations & Settlements
By Minh N. Vu

The U.S. Justice Department (DOJ) and the owners of the Rosa Mexicano restaurants at Lincoln Center, Union Square, and First Avenue recently entered into a consent decree that resolves an enforcement suit filed in October 2012. The DOJ alleged that the restaurants were not physically accessible to individuals with disabilities, in violation of Title III of the Americans with Disabilities Act (ADA). The consent decree requires the restaurants to make a number of physical changes to their public spaces, including the creation of a new accessible unisex restroom at the First Avenue location, and, if feasible, the creation of an accessible entrance at the Union Square location. In addition, the restaurant owners will have to pay $30,000 in civil penalties to the United States Government.

The lawsuit and consent decree appear to have resulted from a review of many Manhattan restaurants for compliance with Title III of the ADA conducted by the U.S. Attorney’s Office for the Southern District of New York (USAO). The USAO is a part of the DOJ. Under Title III of the ADA, the DOJ is authorized to undertake these compliance reviews even if no one has complained about or has been injured by any violations. The restaurants that were a part of this compliance review received a lengthy questionnaire about the accessibility of their public spaces, and their policies and procedures for accommodating guests with disabilities. The USAO also inspected the restaurants.

Restaurant spaces, particularly those in Manhattan, can present serious accessibility challenges because many are in small spaces in older pre-ADA buildings. Restauranteurs should be aware that restaurants in spaces constructed prior to the ADA’s enactment are, at a minimum, required to remove barriers to access if the removal is readily achievable. The most common issues we see in restaurants are a lack of (1) of accessible tables that have the appropriate height and space underneath to allow a wheelchair to pull under; (2) 36” wide accessible routes inside the restaurant connecting accessible features; (3) lowered accessible seating at the bar; and (4) restrooms that are wheelchair accessible. Some restaurants have wheelchair accessible restrooms but make them inaccessible by putting furniture and other items into required maneuvering spaces.

The Manhattan restaurant compliance review is the latest of several broad ADA Title III initiatives the USAO has spearheaded. In the past ten years, the USAO has conducted compliance reviews of a number of Manhattan theatres as well as dozens of hotels located in the Times Square area. Each of these initiatives resulted in businesses agreeing to make accessibility changes in agreements with the USAO

Westboro church blames Oklahoma tornado on gay basketball player Jason Collins

Oklahoma-tornado

Mia’s thoughts-
Who the hell does west boro church think they are? children die- blame the gays? terrorist attack kills 8 year old and mother and daughter lose legs, blame the gays ? what happened to the concept of christian compassion? churches survive on a tax exempt status because they do good works, well these monsters do no good works so why should they be tax exempt? our bravest and finest die defending their country and these monsters protest their funerals.

ENOUGH IS ENOUGH WESTBORO CHURCH MUST BE CLOSED DOWN AND CLOSED DOWN NOW!!!

Reposted from a story by Staff Writer, PinkNews.co.uk 21 May 2013, 3:19pm

The homophobic Westboro Baptist Church has thanked God for a lethal tornado that ripped through Moore, Oklahoma, leaving at least 24 people dead, saying it’s because of gay basketball player Jason Collins.

The 34-year-old came out last month.

Fred Phelps Jr, the son of Westboro’s 83-year-old leader, tweeted: “OK Thunder’s Durant flips God by praising fag Collins. God smashed OK [Oklahoma]. You do the math. #GodH8sFags #FagsDoomNations #FearGod #GodH8sU”

Additional Westboro tweets said: “Amazing work of God! He promised this gift for a rebel nation! Jeremiah 23:19. See #tornado #Oklahoma.

“We’re only saying ‘you brought His wrath Oklahoma! Oklahoma, you’ll pay!’ #ThankGod for the tornadoes!

“Oklahoma is getting its butt kicked again in a very powerful fashion! A mile-wide tornado #ThankGod #GiveHimGlory!”

“Connect the dots america! You refuse to obey God……. He unleashes His fury upon this doomed nation.”

The church tweeted a picture of a rainbow flag still standing after the destruction and has threatened to picket the funerals of those killed in the disaster.

Following the death of Margaret Thatcher, Westboro tweeted PinkNews.co.uk to say the former prime minister: “Did more for fags in UK than ANY 1 person!”

Despite acknowledging her role in implementing Section 28, which previously banned the promotion of homosexuality in schools, Westboro went on to call her a “hypocrite”.

“She put forth a conservative face as prime minister, but fags filled her staff. She supported Section 28 in 1988… but was a wicked hypocrite! She married another woman’s husband. God hates adulterers,” Westboro tweeted.

Westboro also blamed last month’s Boston Marathon bomb attack on equal marriage