Need Help Getting Disability Accommodations

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One of the down sides of living in Idaho is living in hillbilly country where ADA accommodations seems to be viewed as a suggestion and not a right.

I am currently being sued for a bill I already paid that is well past the statute of limitations. So I am challenging it because $3,000 is a lot money to pay that I don't owe.

I am simply frustrated by the fact that the courthouse, even though it is the second largest in Idaho, does not have an ADA office, or anyone even assigned to fill the duties of an ADA officer. It is not a tiny courthouse either, it is very large, three stories high and takes an entire city block. My home town is 1/4 the population of this town, and it even has a person assigned to follow ADA compliance.

So I am dealing with the interpreter. That is the person that helps people that don't speak English. She appears to have little or no knoweldge of Aspergers. She doesn't understand much at all, IMO. And I am afraid she will not get me the accommodations that I need. Of course this interperter tried to tell me she will just tell the judge, like that will work, and that I should get a lawyer instead.


Two obvious things I had to point out to her was, 1) I will still need someone to communicate with the lawyer, or pay a crap load of money on trying to figure out communication with him who is paid by the hour. 2) It will cost me more for a lawyer than to just pay the phony bill by the collection agency.

I don't want to settle because the court doesn't want to give me any accommodations. I don't think that is fair.

And second, I don't think I need a lawyer, because once the judge sees that I paid the bill already and that the statute of limitations has passed, he will dismiss the case. But I know, knowing me, I will just freak out in the courtroom, ball up, and seem like am on drugs as my inability to communicate verbally will kick in. I will not be able to communicate what I need to do without some accommodations outlined by my Doc.

What scares me the most, is the interpreter said that she has never had anyone with disabilities ask for accommodations. Which makes sense, I guess, considering there is no phone or contact information for persons with disabilities. I had to get in people's faces to get any answer at all on where to get ADA accommodations because they would just shrug their shoulders and not provide anything else. The only answer they kept referring me to the Court Assistance office, which is a guy named Tony, who says ADA accommodations are not his department. If I needed an interpreter to go talk to an interpreter. Which is where I ended up.

I am aware of what accommodations I need, and what the law entities me to. I understand some people don't need accommodation that are Aspergers/ADHD/ADD, but I never know when I need them, because sometimes I lose my faculties and cannot think or communicate at the right time in the right manner to the right people using the right method.

Do any of you have trouble getting accommodations from the state or government? What do you do to get them?

What happened when you talked to this person? Were they able to advise you?

My style of getting accommodations is basically to ask repeatedly. In general, if you're asking for sensible things, you'll get them if they can give them because it starts to dawn on them that if they don't, you simply won't shut up.

Well, being an overbearing Aspie, I am sure they know I will not go away, as I am on this frequently, as I get can obsessed. I don't what I am asking for is beyond the law. She doesn't understand though, I am not asking for legal interpretation, just social interpretation and someone to explain to me what is going on as a normal person sees it. I also need some communication assistance, like slower speed to process and respond. I also might not be able to understand what someone is saying, not legal context, but just how people talk and use language to me is all alien. She doesn't understand that.

Does "central auditory processing disorder" make any sense to her, maybe? If you say you have trouble interpreting sounds quickly, and need people to leave some time between their sentences for you to catch up to them, would that make her understand?

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

ADA Title II: State and Local Government Activities

Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530

Here are phone numbers and more websites

General Sources of Disability Rights Information

ADA Information Line
(800) 514-0301 (voice)
(800) 514-0383 (TTY)


www.ada.gov

Regional ADA and IT
Technical Assistance Centers
(800) 949-4232 (voice/TTY)

www.adata.org
http://www.ada.gov/

http://www.ada.gov/cguide.htm
(good one for finding your 'rights')

oh oh! check THIS out

Department of Justice
ADA Mediation Program

http://www.ada.gov/mediate.htm

What is mediation?
Mediation is an informal process where an impartial third party helps disputing parties to find mutually satisfactory solutions to their differences. Mediation can resolve disputes quickly and satisfactorily, without the expense and delay of formal investigation and litigation.

Mediation proceedings are confidential and voluntary for all parties. Mediation typically involves one or more meetings between the disputing parties and the mediator. It may also involve one or more confidential sessions between individual parties and the mediator.

Mediation is neither therapy nor a "day in court." Rather, mediation should provide a safe environment for the parties to air their differences and reach a mutually agreeable resolution. Mediators are NOT judges. Their role is to manage the process through which parties resolve their conflict, not to decide how the conflict should be resolved. They do this by assuring the fairness of the mediation process, facilitating communication, and maintaining the balance of power between the parties.

Representation by an attorney is permitted, but not required, in mediation. While mediators may not give legal advice or interpret the law, they will refer parties to impartial outside experts within the disability and legal communities when questions or issues needing clarification arise.

I really do appreciate all of your guys help. It means a lot to me. Not many people willing to help out.

The information you have given me is very helpful, and anything people can let me in on is greatly appreciated.

I will try that and see if it processes with her. I think her hold up is she doesn't want to delay the court or the proceedings, which will happen if I take a while to process information.

What kind of accommodation are you seeking from the courts? If I understand this correctly. You're getting sued because you may or may not owe someone money.

You want the courts to provide you with an accommodation, but not for legal reasons, but for social reasons? I don't believe the ADA covers that

Are you hiring a lawyer, by any chance? A lawyer can explain to you as a normal person on what's going on in the case. I really don't see the reason why the courts should supply you with this accommodation you're seeking. It seems to me, you want the courts to supply you with this accommodation basically for social reasons, not legal reasons.

I want the courts to provide me with the accommodations my Dr. and the law entitles for me. If a non-disabled person would not need a lawyer, why should I have to hire one then?
Why should the court not be required to provide ADA accomodations that my doctor and the law says I am suppose to have or may need for a fair trial?

I want the court to supply me with accommodations for communicative reasons, so the court understands me, and I understand them. Not for social reasons. It is important to understand what the judge is saying, and if I don't in my response, want to piss him off because he thinks I am on drugs or being a smart ass with him.

The law states:



What types of accommodations are available to assist people with cognitive or developmental disabilities? . . . Depending on the needs of the individual and the nature of the disability, accommodation may include: having the court and witnesses talk slowly or write things down; when necessary, repeating information using different wording or a different communication approach, allowing time for information to be fully understood; presenting information in a clear, concise, concrete and simple manner; when necessary, taking periodic breaks; presenting tasks in a step-by-step manner, letting the individual perform each step after explanation; scheduling court proceedings at a different time to meet the medical needs of the individual; providing a coach or support person at the proceeding; or allowing videotaped testimony or the use of video conferencing technology in lieu of a personal appearance.

Every state has a protection and advocacy agency for people with disabilities. The protection and advocacy agency for people with disabilities in Idaho is called "Comprehensive Advocacy, Inc." Their phone number is 1-866-262-3462. They have disability rights attorneys and advocates. Maybe they could call the judge for you. Or maybe they could give you some useful information or help you file a complaint. It won't cost you anything to get them to help you.

I would post a link to their website, but I'm not allowed to post links yet. I don't have enough posts.

If you file a complaint with the Department of Justice, it will take too long for them to investigate, if they decide to investigate.

Thanks Bamadad. I did talk to them briefly. I talked to a lawyer there who told me some of my rights. But I don't have the money to get a lawyer. Which would not doubt take advantage of me like all most the other lawyers I have encountered.
The first time I complained to them about 10 months ago they would not help me at all. But now they are a little.

You are welcome. I hope you can get this worked out.

thanks. And welcome to WP. You seem like an intelligent person, I hope you post more.

Some of the replies here seem to provide good information. If these things do not get you anywhere, try the local press. One thing that government (at least local government) seems to be afraid of is bad press. It is an option that may be worth considering, especially if you can show a violation of the law.