Posts Tagged ‘legal’

Discrimination and Denied My Civil Rights!

December 18, 2014

12/4/2014

Service dog

I am Chloe and I have an important job!

What would you do if you lost your civil rights?

AAAAA Management Company,

To Whom It May Concern:

CC:  Memo of December 2, 2014

Occupants received a notice on our doors Dec 2nd 2014. Included is a section concerning dogs and their acceptable walking areas?  It states we are NOT ALLOWED to walk our dogs or let them urinate or defecate in any areas accessible to the rest of the tenants. We will be written up if they do so. We must leave the building and curb our dogs on the street to obey the notice, even though there are appropriate areas on the grounds for them to relieve themselves.  Of course tenants should be given warnings if they do not pick up after their dogs.

My service dog and I are allowed equal access under Unrah Act, ADA, and Fair Housing. If I am not allowed access, it means that I am being discriminated against under all three rules that protect people with disabilities and the use of a service dog.

  • The closest exit is the lobby door. When I am unable to walk due to multiple disabilities and getting my service dog outside the lobby door is most accessible.
  • When in serious pain or illness, I am in PJ’s and because of this memo; I would be exposed to public view and thus be humiliated. I comply with going out the front of building when I feel healthy and safe.
  • I have lived in HUD housing for 8 years give or take. The letter states that past managers and management did not allow dogs around the property. TTTTT management and all managers have allowed me the enjoyment of the property with my service dog by my side whether for enjoyment or if I needed to get to closest exit for my service dog.
  • After signs, NO PETS had been put up I was still able to enjoy the back sitting area’s on the bench’s, because my service dog is not a pet. No pets are allowed in rec room and, yet I am allowed with my service dog. What is the difference between sitting in the back of building 1 and the rec room?
  • If I couldn’t walk for one day due to my disability, management accommodated me by letting my service dog out quickly in the courtyard so that my service dog could go potty.
  • This means all other tenants can go in back of building 1 and I cannot with my service dog.

I am grateful for where I live and do everything I can to follow rules.

The following:

                                          ADA AND UNRUH ACT

The Unruh Act was made up to protect our civil rights by limiting discrimination due to age, color, sex or being disabled. Access in areas of public places, education, employment, public transportation, housing and much more.  The ADA is defined as The Americans with Disabilities Act (ADA) and gives federal civil rights protection to individuals with disabilities similar to those provided to individuals based on race, color, sex, national origin, age, and religion.  It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, housing and state and local government services and telecommunications.

FEDERAL LAW

The ADA prohibits discrimination against disable people.

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of anyplace of public accommodation by any person who own… or operates a place of public accommodation.

(42 U.S.C. 12182 (a).)

aHUD No. 13-060A
Shantae Goodloe
(202) 708-0685
FOR RELEASE
Tuesday
April 30, 2013

HUD ISSUES NOTICE ON ASSISTANCE ANIMALS AND REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) today issued a Notice reaffirming that housing providers must provide reasonable accommodations to persons with disabilities who require assistance animals.  The “Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs” discusses how the Fair Housing Act and the Americans with Disabilities Act (ADA) intersect regarding the use of service or assistance animals by persons with disabilities.

The Fair Housing Act prohibits landlords from discriminating based on disability, race, color, national origin, religion, sex, and familial status. The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and state and local government activities.  Both laws contain provisions which address the use of service or assistance animals by people with disabilities.  While the Fair Housing Act covers nearly all types of housing, some types of housing, such as public housing, are covered by both laws.

“The vital importance of assistance animals in reducing barriers, promoting independence, and improving the quality of life for people with disabilities should not be underestimated, particularly in the home,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity.  “Disability-related complaints, including those that involve assistance animals, are the most common discrimination complaint we receive. This notice will help housing providers better understand and meet their obligation to grant reasonable accommodations to people with disabilities that require assistance animals to fully use and enjoy their housing.”

HUD’s new notice explains housing providers’ obligations under the Fair Housing Act, including the requirement to provide reasonable accommodations to people with disabilities who require assistance animals.  Pet restrictions cannot be used to deny or limit housing to people with disabilities who require the use of an assistance animal because of their disability.  Housing providers must grant reasonable accommodations in such instances, in accordance with the law.    The guidance also describes the Department of Justice’s revised definition of “service animal” under the ADA, as well as housing providers’ obligations when multiple nondiscrimination laws apply.

The Americans with Disabilities Act requires equal access for people with disabilities using trained service dogs in public accommodations and government facilities.  Under the Fair Housing Act, housing providers have a further obligation to accommodate people with disabilities who, because of their disability, require trained service dogs or other types of assistance animals to perform tasks, provide emotional support, or alleviate the effects of their disabilities.

HUD’s and the Department of Justice’s Joint Statement on Reasonable Accommodations provides additional information regarding housing providers’ obligations to provide reasonable accommodations.  The Department of Justice has also published a fact sheet on service animals and the ADA.

Click here to read HUD’s new notice.

Persons who believe they have been denied a reasonable accommodation request may file a complaint by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing discrimination complaints may also be filed by going to www.hud.gov/fairhousing, or by downloading HUD’s free housing discrimination mobile application, which can be accessed through Apple devices, such as the iPhone, iPad, and iPod touch.

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HUD’s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all.
HUD is working to strengthen the housing market to bolster the economy and protect consumers; meet the
need for quality affordable rental homes: utilize housing as a platform for improving quality of life; build
inclusive and sustainable communities free from discrimination; and transform the way HUD does business.
More information about HUD and its programs is available on the Internet at
www.hud.gov and
http://espanol.hud.gov. You can also follow HUD on twitter @HUDgov, on facebook at
www.facebook.com/HUD, or sign up for news alerts on HUD’s News Listserv.

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I look forward to working this matter out.

Thank you,

Chloe’s World

April 27, 2014

 

To awesome for words!

I started teaching Chloe sign language when she was in the back seat of my Jetta at four months old. Long story short tonight we are on the hillside where I live and not thinking anything of it Chloe starts to bark which is rare for her. I look down at the cars parked on the street and a young couple are talking in sign language and Chloe noticed. I wondered “Is Chloe seeing some conflict or …” I took her down to the car to introduce ourselves because she was in distress. I shared about how I am teaching my service dog Chloe signing due to my health and engaging with the world. I offered our card The Hayliegh Project. The  young lady was explaining to her boyfriend what was happening. 

What a Blessing it is to sign…………!

Hidden Disabilities

April 24, 2014

 

What is worse than being bullied?

It is being bullied by another so called “Disabled person.” Why should they get away with this destructive behavior? Because I am not in a wheelchair and don’t LOOK disabled gives them no right to judge me out loud.

How come a bully sees a nice person as weak. A bully takes their anger out on people.

I rent a special apartment for people who have special needs. I have been harshly discriminated against by other disabled people who live on the property. They are some of the rudest and crudest people I wish I had never met. One woman who lives on the property and uses a wheelchair is one of the meanest bullies on the block.

Bully: one who hurts or intimidates others.

Cocoa and her mom

April 17, 2013

Cocoa and her mom

Cocoa and Mickey.

Cocoa looks like a little toy schnauzer and Mickey is the owner / mother. Little cocoa has been shaking her head and one of her ears is hot pink and swollen inside. Mickey has been stressed about the cost that could be incurred due to veterinarian costs.
The Hayliegh Project stepped in and called Paw’s in San Diego to ask for assistance w/ her dog and seeing a veterinarian. We are hoping after speaking w/ Paws that Mickey will have her dog at a vet this week to make sure her dog is okay or best treated.

Thank you to Paw’s for helping people on special incomes to feed their animal’s and be treated.

WOOF!

Haylieghs World “The Hayliegh Project”

May 31, 2012

Hayliegh and I had another great day in sunny San Diego.  While we were out we met another person who is struggling w/ hidden disabilities or invisible disabilities. We haven’t counted how many people “The Hayliegh Project” has helped over this last year.  We have helped many people in the area’s of housing, legal help whether it is for social security, fighting an over pay mistake by social security office by filing appeals. We have helped people who could no longer work due to disability by having their school loans written off.   We have been available for support when someone needs to talk about how thier life has changed.  We also help educate people w/ information about how to obtain a service dog and understanding the laws. We also help people when their civil rights when they have been denied.

Today was a great example: We ran into a man w/his service dog he asked us about the service dog vest  and it turned out minutes later he needed help w/ how to obtain his Social Securty because he had been denied and cannot work. we refereed him to a social security attorney.  We also were able to get him medical resources to aid in his medical care and maybe housing.

We just took part in an audio interview for the LDN research trust where we share how LDN is working both for me and my serivce dog w/ our health.  We have been asked to write an article for their news letter.

Goals: to start a group for those suffering w/ hidden disabilities and invisable disabilities and have an official site.

I have to say that my heart is filled w/joy knowing that the mission to help others is really happening.

Hayliegh sends a woof as she works hard being my little supervisor.

Hayliegh’s World

February 19, 2012

“I’m tired of doing the time for someone else’s crime”

 Denied My “Civil Rights” under the ADA

Two reasons why I am not able to find legal help is:

I don’t look disabled: again having hidden disabilities / invisible disabilities comes to haunt me again 1. Because I don’t look disabled  &  2. The fact that I have gone after a company for denying me my “civil rights” under the ADA years past. It isn’t fair I did not commit a crime. I am tired and angry that this is happening and I still have no rights.

It is a sin that people w/ invisible disabilities / hidden disabilities cannot find legal help because we don’t look disabled enough for a trial thus a jury. Isn’t that discrimination too? The case isn’t whether I am disable the case would be that “I was denied my civil rights under the ADA and UNRUH Act to have my service dog. I live in disabled housing because I am disabled w/ multiple disabling health issues such as, Fibromyalgia, CFID’s/ME, IBS, and the list goes on. This January I will have a total of seven doctor appointments just this month most people don’t go except once or twice a year.

I am asked by attorney’s am I in a “wheelchair” and when I say no that about ends it because again “I DON”T LOOK DISABLED.”  This also raises the question that wheelchair people are more believable then me and then I am discriminated against again.

Is it fair that I get denied the legal help that I deserve by law. Check: California civil code 52 and ADA and Unruh civil rights act 54 and 55.2

What price have you put on your “CIVIL RIGHTS!”

On January, 7, 2012

My friend and I walked into a restaurant (Old Venice) and seated ourselves at the bar on the stools.  I shared w/ the bartender that I had service dog w/ me and showed him my dogs vest because the buckle had broken. The bartender then left and returned to  the patron side of the to talk to us. He then said we have to leave because of my service dog. He also shared that the owners did not allow service dogs in their restaurant.

I then repeated to the bartender “oh you don’t understand this is my service dog and legally we are allowed by law to be here.” I shared that we had been h before. He got frustrated and a bit heated, and was a matter of fact about the rules and service dogs. He said he had spoken to the owners and service dogs were not allowed in the restaurant. The bartender informed us that a customer came in w/ a little dog claiming it was her service dog and she was asked to leave. .

I asked the bartend his name “Justin” and the time 6:05pm We left and went to my friend’s apartment to call the police. Officer Stadler #3980 and Lopez showed up took the info and went to the restaurant to share w/ Justin abut service dogs then returned to my friend’s apartment and shared that Justin the bartender did say “the owners don’t allow service dogs.

It has been a hard couple of days and I am hoping to be coming out of the insanity I was feeling about the discrimination and my service dog. I am bummed out. I have felt sick and depressed about this.

I now fear being rejected by other attorneys because I don’t look disabled.

* The ADA laws

* Hayliegh’s tags and licensing copied.

* I have a witness

* There was an police officer involved and witnessed the violation  

   under ADA laws. 

Witnesses statement

To whom it may concern:

This is my statement of the event that took place at 6:05 p.m. on Saturday, January 7th, 2012.

Kimberly Ryan Harms, her service dog Hailey and myself Deanne Coleman – A restaurant in San Diego.

We walked into the restaurant and seated ourselves at the bar on the stools.  Kimberly also motioned to and mentioned her service dog and showed the man the vest upon walking into the building.  The bartender then left for a few minutes towards the back.  When the bar tender returned he walked over to where we were seated and proceeded to state strongly that we would have to leave since service dogs were not allowed in the establishment per management / owner requirements.

Kimberly then said oh you don’t understand this is my service dog and legally we are allowed by law to be served here.  She said we have been served here before as well.  She pulled the vest out again to show the bartender.  He then more aggressively stated that no, it does not matter we are not allowed to be served here with the service dog.

He said he had just called the owners on the phone who again had told him dogs were not allowed in the restaurant even if it’s a service dog.  The bar tender said last week they had someone else in here with a dog and they were requested to leave as well.  He said it’s not himself telling her no, but the owners rules and request.

Kimberly then asked him what time it was and asked for his name.  He said it’s 6:05 p.m. and my name is Justin.  We then left and went back to her friend’s home to call the Police.  The policeman came out to the home and took Kimberly’s statement and stated also that is discrimination for customers with service dogs to not be allowed in or be served at a restaurant.

  • San Diego police officer Stadler and Lopez involved. The bartender told the police officer that I was not allowed w/ my service dog due to owners policy.

I called the restaurant to make a complaint on January 20, 2012 @ 5:35pm and spoke to manager Forrest to talk about my discomfort and being upset about what happened about the night in question. He kind of wanted to brush me off and then said the owners would call me and they never did.


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