Just 22 years ago, not that far away, already in this millenium and century, the U.S. Supreme Court had to decide a case - do States get to claim immunity for actions of their courts in violation of federal Americans with Disabilities Act?
Does the State of Tennessee get to be sued for money damages after its judge punished a paraplegic for refusal to crawl up the courthouse stairs in order to attend a court hearing? The paraplegic George Lane was actually incarcerated for contempt of court for such a refusal.
Fast-forward to the State of New York system.
Here is my FOIL/1st Amendment request to the NYS Office of Court Administration and to the 6th Judicial District, made specifically for this blog.
And here is the court system's response to it.
The do not have ADA-compliant policies.
They do not have ADA-trained judges.
Furthermore, according to answers by the State's and 6th Judicial District's ADA Coordinators, they adamantly claim the system's entitlement to a dual system of appeals of denials of ADA accommodation requests: based on identity of the violator:
(1) if the violator is non-judicial - you get a free administrative appeal by email;
(2) if the violator is a judge - you must forfeit your privacy by splurging your medical information openly into the record, because the system claims that your only appellate path to contest denial to you of ADA accommodations is through costly, burdensome (and usually affirmed) appeals.
Note also that the District Executive hints at "ex parte communications", strongly implying that whatever I am filing with the judge as an ADA accommodation request - again, confidential medical records or information - will not be kept confidential, because the court system, by delegating the handling of the ADA accommodation requests to untrained judicial personnel, revamped not only the appellate process, but also stripped such requests of confidentiality required by federal law.
Ex parte communications are not allowed - therefore, privacy required by federal law for such requests - is also not allowed in New York courts.
Look at further sermonizing on the same topic by the State ADA Co-ordinator - also an attorney, like the District ADA Co-ordinator.
They did not even dig up a medical professional to handle medical issues here.
The State Co-Ordinator sings the same song as the District Executive: submit your private information to non-judicial personnel with no pledge of confidentiality or send it to the judge's chambers by regular mail without creating a record. Or, as implied, just go ahead and file it in open access on NYSCEF, waiving privacy, so that your opposing counsel and parties would be able to mock and harass you some more - without any attempt by courts to control them.
Of course, this dual system is also adamantly non-compliant with the federal statute, The Americans with Disabilities Act (ADA) that pre-empts (makes unenforceable) inconsistent state law.
But - who cares, right, NYS judges, when might is right?
Or, rather, who cares until a disabled litigant sues the State of New York - like George Lane did Tennessee - and wins?
Know that you are not without recourse.
Know that you can sue and pursue your right against the State of New York in court.
Know that in Tennessee v Lane, the U.S. Supreme Court has ruled that the States are not immune for lawsuits where state judges are discriminating against disabled litigants, barring or burdening their access to courts.
Challenge disability discrimination in the courtroom.
Sue for that.
And - most importantly, vote ADA-violating judges out of office and insist, through federal lawsuits if necessary, that NYS Court Administration comply with the ADA.
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