Who says you need an attorney to go after these critters who deny us our
right to fully participate as a disabled person on terms of equality.
Below are fill-in-the-blank forms that you can download, instructions on
the forms, a telephone number for assistance and advice, one person's
victory, and some support and advice on doing it yourself. It is clear
that we cannot wait around for others to take action on our lives and our
independence. We must do it ourselves and the solution may be just one
bus or subway ride away. Steve Gold, the attorney described in the first
article, is one of the nation's premier disability rights lawyer. He has
creatively used the Americans with Disabilities Act to virtually make new
law by successfully arguing that the ADA applies to extremely long
waiting lists for personal attendant services, causing pennsylvania to
de-instutionalize many people with disabilities. He is also one of the
lawyers who wrote the disability community's briefing to the United States
Supreme court on assisted suicide.
For information access activists, this process may not be appropriate in
all cases. however, it is certainly a winnable effort if they are or will
do nothing or very little. This can be particularly helpful to obtain
materials in alternative formats or basic access to computer services or
computer systems. Even a little movement will result in greater access
than where we are now.
This is from the september/October issue of the "ragged Edge,"
formally the "disability rag."it can be found at the url:
http://WWW.RAGGED-EDGE-MAG.COM/archive/pro-se.htm
The Americans with Disabilities Act and the ordinary Citizen
Enforcement is in our hands, says attorney Steve Gold, by filing
pro se lawsuits
Pro se. It's a legal term, in Latin, that means "on behalf of
oneself." A pro se lawsuit is one you file for yourself, without an
attorney.
Philadelphia attorney Steve Gold worked with the Pennsylvania
Coalition of Citizens with Disabilities to develop a way for
ordinary disabled people, without help of an attorney, to file
lawsuits under Title III of the Americans with Disabilities Act, by
means of a pro se lawsuit. The result is the do-it-yourself kit
starting on the next page, which readers should remove and save and
share with friends.
They started the campaign, Gold says, because "attorneys are not
interested in general in bringing ADA suits - because the law
doesn't provide for attorney's fees to be paid."
Pro se lawsuits are nothing new. Using them to enforce the ADA is a
way to get things to happen without the Department of Justice or an
attorney. All you need is a disabled person and a business with a
barrier (And that's not hard to find! says Gold.).
The best pro se suits are ones that are very simple cases. "There
are literally thousands of cases that could be brought in every
city," he says. "Pick the ones that are simple to start with. Our
experience has been that if you have a photo of the entrance, and
it's clear that a ramp can easily be added, then you win the case,"
says Gold.
"As you get more confidence, you can try the trickier ones," he
said.
"But do the easy ones with pro-se - and do it a lot - and that will
educate the judges better than anything else."
The point of pro se is to be able to file a suit without having to
pay an attorney," Gold says, but doesn't mean you can't bring
"friends" as expert witnesses.
And, he stresses, it's best for people on SSI to file the pro-se
suits; their financial status will enable them to avoid paying the
$150 filing fee. The pro-se kit on the following pages has a form
for "waiving filing fee"- if you can say you're on SSI, the fee
will be waived.
Gold says that in every instance you should always negotiate with
the business first, in writing, to try to get your ramp - or
whatever it is you need. A lever door handle. A TTY. Or whatever.
"Then attach the letter you wrote, along with their response - or
note that you never got a response in writing - when you file your
lawsuit."
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A pro-se victory!
Greyhound settles an ADA complaint brought pro se by ADAPT activist
-- and pays $5,000 to ADAPT, too!
In late July, Greyhound settled a a lawsuit brought pro se by Dawn
Russell of Memphis ADAPT. Russell had filed the suit in federal
court seven months earlier. The suit charged that there were
violations of the ADA in that Greyhound staff were not adequately
or properly trained and did not "provide assistance as needed."
Since the 1990 passage of the ADA, Greyhound has lobbied the
Department of Transportation to delay needed regulationsthat would
require lifts on buses.
Russell, who is not an attorney, filed, litigated and negotiated
the settlement, she said in a press statement. "It is time people
with disabilities spoke up. They violated my rights, so I took them
to court."
As part of the settlement, Greyhound's attorneys arranged a
conference between Russell and Greyhound senior officials
concerning lifts on buses and agreed to donate $5000 to ADAPT, the
civil rights organization for people with disabilities that paid
Russell's filing fee for the lawsuit.
Final Department of Transportation regulations concerning ADA
compliance of over-the-road buses are due Sept. 15.
------------------------------------------------------------
Pro Se Instructions
Thanks to the Pennsylvania Coalition of Citizens with
Disabilities for providing this information on how to
file a Pro Se Lawsuit.
Pro Se? Nothing to it!
By John Tassone
What is a Pro Se Complaint? This is, quite simply, a
lawsuit that a person files without a lawyer. The ADA
Pro Se must be filed in Federal District Court.,
because the ADA is a Federal law. To find out which US
District Court you will be filing your complaint in,
look in the phone book blue (or green) pages, under
United States Government Offices, "U.S. Courts".
Why file a Pro Se complaint? As the chair of an
advocacy group called the Disability Action Crew
(DAC), I have lots of information to help others
advocate for access. With every question I get asked
about advocacy, it seems I often end up with more
questions that go unanswered. It's like a coach trying
to beat a team that makes all the rules as the game
goes along. He's out there, he's trying to win, but
every time he goes for the goal there's a different
set of rules. Advocacy's like thatowe don't know the
rule of winning access until we break them. And we
look to authorities for the answers: the DOJ, the
EEOC, the HRC, the DOT.
How about us? We are the real authority, because we
live with the discrimination day in and day out. The
Pro Se is our tool. Many businesses and other public
accommodations are not making their places accessible.
Their attorneys told them to ignore the ADA until
someone makes an issue out of the lack of access.
I've spent a lot of time sending accessibility
complaints to the DOJ for the "mediation process",
which is supposed to be a faster way to get better
compliance. No response. I waited and got no response.
I'm still waiting for, at the very least, a letter
confirming that they received the things, let alone
tell me what action, if any, they would be taking.
Nothing.
How does it work? I attended a meeting with a group of
advocates from across Pennsylvania, and Steve Gold,
the attorney who designed this Pro Se, told us about
filing our own lawsuits. Once I learned how to use it,
I was ready for action, I couldn't wait to do my first
case. My success rate since I began to use the Pro Se
form has been 100%: all public accommodations served
with papers under the Pro Se method have made their
places accessible.
The form needs to be filled out, and copies made. The
number of copies will depend upon your Federal
District Court, so call and talk to them about this.
Depending on your income, you may be able to file your
complaint free of charge, so ask about this as well.
Here's one success story:
A fellow advocate member of DAC, our advocacy group,
filed her Pro Se in Federal District Court, after
waiting and waiting for DOJ to respond. She lives on a
low fixed income, and was able to waive the filing
fee. Within a week, she received her notification of
receipt that her case is now pending in federal court.
At the same time she received notification that the
inaccessible business was being served the complaint
by a federal marshal. Shortly after that, she received
a letter from the attorney for the inaccessible
business stating that they wanted to settle out of
court. Of course!! We settled for full compliance with
the ADA.
I highly recommend using the Pro Se. We use it only
after we've attempted to deal with the business either
through a letter, phone call, or face-to-face meeting,
discussing our access issues, and the business still
won't budge.
I still have a pile of 14 complaints sent to DOJ last
year. I've heard absolutely nothing from DOJ. That's
why we've taken advantage of the Pro Se, and we're
finding it works.
When a federal marshal serves an inaccessible business
with a summons to federal court, that inaccessible
businesses starts to take you seriously!!
Pro Se Instructions
Don't let the Pro Se form scare you. It's easy! All
you have to do is just put it in the computer and fill
in the bold parts that are in parentheses. If you do
not have a computer, then use the "blank" pro se. We
have an example copy included for your convenience.
Keep the example copy with you at your side as a
guideline. Once you have the disk copy in your
computer and the example copy in front of you, just
follow these suggestions and you're on your way:
1. Fill in the [brackets] with your information.
Remember, you are the plaintiff, and the business is
the defendant.
2. Each Paragraph is numbered on the left hand side.
When you get to paragraph 15, you'll see that it
reads, "a failure to remove architectural barriers."
This will be different if the barriers are against
people who are deaf or hard of hearing. For example,
the barrier may be a phone bank without a TTY.
3. Paragraph 16 may also be different, depending on
what the barrier is. It's a good idea to attach photos
of the barrier, as well as any letters of
correspondence.
4. If you or your group made any effort to inform
business owners in your area about the ADA, you might
want to make a Paragraph 18 that will read like this:
"On April 22, 1993, the Louisville CIL conducted a
free seminar on the ADA, and sent out fliers to all
downtown businesses, to educate them about the ADA.
The business in question still refused to become
accessible. If this is not relevant, just ignore it,
and number paragraphs accordingly.
5. If you or your group did anything to inform that
particular business owner of his violation, then you
might want to make that paragraph 19. It might read
like this, "During the summer of 1997, the Louisville
CIL visited the business in question, and spoke to the
owner. The owner could easily make his business
accessible but has chosen not to comply with the
Americans with Disabilities Act."
6. If you have a paragraph 18 and 19, then you might
want to add a paragraph 20 that might read something
like this, "Other commercial facilities similar to the
defendant's have made similar modifications, like what
we ask here. Defendant could easily make his business
accessible but has chosen not to comply with the
Americans with Disabilities Act." You might also want
to add a 20a that reads, "to assist businesses with
complying with the ADA, Congress has enacted a tax
credit for small businesses, and a tax deduction
available to all businesses."
7. Your next paragraph must read like this,
"plaintiffs want to (eat, do business, use the phone,
buy, etc.) in the defendant's (restaurant, store,
etc.)" This is very important; it's the whole point of
your lawsuit.
8. Don't forget to fill out the Pro Se Motion to
Commence an Action Without Payment. Each court has a
different standard of who can afford to pay, and who
can't. People on SSI typically do not have to pay any
fees. People who work may be asked to pay as much as
$150. It's important to keep this in mind when your
group is deciding who will be the plaintiff. The
plaintiff should outline exactly why he thinks he
should not have to pay fees. Look at the enclosed copy
for an example of a person's form who did not have to
pay fees.
You are now ready to take your completed form down to
the federal district court that represents your area.
Filing your Pro Se lawsuit
1. If you don't know where your federal court is, look
under "U.S. Government Offices o U.S. Courts" in the
blue or green pages of your phone book. When you find
out which district court is yours, add it at the top
of your pro se where it reads, "in the United States
District Court for the [ ] district of [your state]."
Don't worry yet about the Civil Action No. The clerk
will give that to you at your district court office.
2. Most district courts require you to have an
original copy, a copy for each defendant, and an
extra. Ask your clerk if they require more copies, and
don't forget to keep a copy for yourself. 3. When you
go to the district court's office, follow the clerk's
instruction. They tend to be very helpful, and will
usually lead you through the rest of the process. The
clerk will give you a civil cover sheet to fill out
while you are there. That cover sheet will be attached
to your Pro Se. The clerk will help you, if you need
assistance.
4. If you make mistakes, don't panic. The clerk will
tell you how to correct any mistakes, and justice will
still be served.
Now, you're done with the Pro Se.
Next, the summons comes back to you in the mail, as
well as instructions for how to deliver the summons.
Make sure you follow those instructions! At that
point, you will be given so many days to serve the
defendant with the court summons. In some districts,
the plaintiff has the choice of either delivering the
summons himself, a friend deliver it, or having a
federal Marshal deliver it. It is most effective to
have either a federal Marshal deliver the summons, or
a really big guy in a suit. Whoever delivers the
summons must make a note of who the summons is
delivered to, what the date is, and what time it was
delivered. Record this information on the appropriate
form that is sent to you with the summons, and take it
back to the district court.
Congratulations! You have just filed your first Pro Se
complaint. Feel free to share your new knowledge with
as many people as you can, including any materials in
this packet. Nothing is copyrighted, and duplication
is encouraged. If you need any further assistance,
please call the Pa. Coalition of Citizens with
Disabilities at (717) 238-0172 voice or (717) 238-3433
TTY.
These instructions written and tested in the field by
Linda Riegel.
----------
Pro Se Form
Copy or download this fill-in-the-bracket form.
Wording inside brackets is instructions for you. Most of the
time
it is to be replaced by your own information.
----------------------------------------------
IN THE UNITED STATES DISTRICT COURT
FOR THE [EASTERN, WESTERN OR WHATEVER] DISTRICT OF
[YOUR STATE]
[Your Name(s)- people suing] |
Plaintiff(s), |
v. | Civil ActionNo. 97-CV- [Court will give this
number to you.]
[Defendant's Name(s)-people you are suing] |
[Defendant(s). | Pro Se [means: without lawyer]
COMPLAINT
COMES NOW the plaintiff(s), [Your Name(s)], appearing
pro se, and for a complaint against the defendant[s]
above named, states, alleges, and avers as follows:
JURISDICTION
1. This Court has subject matter jurisdiction under 28
U.S.C. sections 1331 and 1343.
2. This action is commenced pursuant to 2201 and 2202
and 42 U.S.C., section 1983.
GENERAL ALLEGATIONS
3. The plaintiffs, [Your Name(s)] are citizens of the
State of [Your State], United States of America.
4. Defendants, [name] , own and at all times pertinent
to the complaint have owned a commercial business
[insert e.g., movie house, shopping market, etc.] at [
street, city and state address].
5. Plaintiffs are individuals with disabilities that
cause a mobility impairment. [Your Name(s)] use(s) a
motorized wheelchair [insert other, if relevant] for
mobility. All Plaintiffs want to [eat, do business in,
etc.] defendants' [restaurant, retail store, etc.] but
the establishment is inaccessible to persons using
wheelchairs.
6. On July 26, 1990, Congress enacted the Americans
with Disabilities Act, 42 U.S.C. section 12101, et
seq., establishing the most important civil rights law
for persons with disabilities in our country's history.
7. The Congressional statutory findings include:
a. "some 43,000,000 Americans have one of more
physical or mental disabilities . . .;
b. "historically, society has tended to
isolate and segregate individuals with
disabilities and despite some improvements,
such forms of discrimination against
individuals with disabilities continue to be a
serious and pervasive social problem;
c. "discrimination against individuals with
disabilities ties persists in such critical
areas as . . .public accommodations;
d. "individuals with disabilities continually
encounter various forms of discrimination,
including . . .the discriminatory effects of
architectural . . .
e. "the continuing existence of unfair and
unnecessary discrimination and prejudice
denies people with disabilities the
opportunity . . . to pursue those
opportunities for which our free society is
justifiably famous . . ."42 U.S.C. section
l2101(a).
8. Congress went on to state explicitly the purpose of
the Americans with Disabilities Act to be:
a. "to provide a clear and comprehensive
national mandate for the elimination of
discrimination against individuals with
disabilities;
b. "to provide clear, strong, consistent,
enforceable standards addressing
discrimination against individuals with
disabilities; and
c. "to invoke the sweep of Congressional
authority . . . to regulate commerce, in order
to address the major areas of discrimination
faced day-to-day by people with
disabilities.'' 42 U.S.C. section 12101(b).
9. Congress gave commercial businesses one and a half
years to implement the Act. The effective date was
January 26, 1992.
10. Nevertheless, [defendant's name] at [address] has
not eliminated [name of barrier] barrier that prevents
persons using [wheelchairs, canes, etc.] from
[entering, using] this commercial establishment.[If
you have a photo of the barrier, xerox it and write "A
photo of the barrier is attached as Exhibit "A".]
11. One of the most important parts of the Americans
with Disabilities Act is Title III, known as the
"Public Accommodations and Services Operated by
Private Entities." 42 U.S.C. section 12181.
12. Congress included a "[type of establishment]" as a
public accommodation covered by the Act. 42 U.S.C.
section 12181.
13. Defendant's business at address] is a [type of
establishment].
14. As relevant to the present action, discrimination
includes, "a failure to remove architectural barriers
. . . that are structural in nature, in existing
facilities . . . where such is readily achievable.''
42 U.S.C.. section 12182(b)(2)(A)(iv).
15. The U.S.. Department of Justice, in promulgating
the federal regulations to implement this Act, defines
"readily achievable" to mean "easily accomplishable
and able to be carried out without much difficulty or
expense," including ["installing an entrance ramp or
whatever is needed]."28 C.F.R.. section 36.304(a) -
(c).
16. Other commercial facilities similar to the
defendant's have made similar modifications, like what
[we, I] ask here. Defendant could easily make its
business accessible but has chosen not to comply with
The Americans with Disabilities Act.
17. To assist businesses with complying with the ADA,
Congress has enacted a tax credit for small businesses
and a tax deduction for all businesses. See Section 44
and 190 of the IRS Code. An eligible small business is
allowed a tax credit equal to 50% of the amount of the
eligible access expenditures between $250 and $10,500
for any tax year. A business that removes
architectural barriers e.g., by modifying ramps,
grading, entrances, doors and doorways, may receive an
annual tax deduction of up to $15,000 each year.
18. Plaintiffs want to [eat, do business, shop, etc.]
in the defendant's [restaurant, store, etc.].
FIRST CLAIM OF RELIEF
19. Pursuant to the Americans with Disabilities Act,
42 U.S.C. section 12101, et seq., and the federal
regulations promulgated pursuant to this Act, 28
C.F.R. (s)36.304, defendant was to make the commercial
facillty at [address] accessible by January 26, 1992.
To date, defendant has not.
20. By failing to remove the architectural barrier
where such removal is readily achievable, defendant
discriminates against plaintiffs and violates the
Americans with Disabilities Act.
WHEREFORE, the plaintiffs, [Your Name(s)], pray that
the Court issue an injunction enjoining the defendant
from continuing its discrimination and that the Court
award plaintiffs such additional or alternative relief
as may be just, proper, and equitable, including costs.
Respectfully submitted,
|
[Your signature]
[YOUR NAME]
[Your Address]
PRO SE
Dated:
-----------------------------------------end of form
VICUG-L ARCHIVES http://maelstrom.stjohns.edu/archives/vicug-l.html
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