Disability Rights

Subscribe to Disability Rights via RSS

On November 25, 2020, Proskauer filed a motion for leave to file an amicus brief on behalf of Citizens for Juvenile Justice and the Committee for Public Counsel Services, Youth Advocacy Division in support of Raymond Concepcion, a youth with disabilities who was automatically tried as an adult, convicted of first-degree murder and sentenced to life imprisonment with the possibility of parole after 20 years.  Proskauer’s brief urged the Supreme Judicial Court of Massachusetts to find that section 74 of the Youthful Offender Act is unconstitutional, reverse Raymond’s conviction and remand the case to the trial court for further proceedings.

Background

When Raymond was 15 years old, two adult gang members ordered him to shoot a stranger, promising that he could leave the gang if he complied.  Out of fear, Raymond did as instructed and shot a man, killing him.  Raymond has an IQ of 66 and the developmental maturity of an eight- or nine-year-old.  As a younger child living in the Dominican Republic, Raymond suffered emotional distress after witnessing shootings of multiple family members.  When he was 12 years old, Raymond moved to Boston, where he attended three different public schools and failed nearly all his classes.  An expert testified to Raymond’s psychological, social and intellectual capacities.  Nevertheless, pursuant to section 74 of the Youthful Offender Act, due to his age and alleged offense, Raymond was automatically tried in adult court, where he was automatically sentenced to life imprisonment and given an above-minimum parole eligibility date.  Raymond’s youth and intellectual disability were disregarded at his indictment, trial and sentencing.

Earlier this week, Proskauer—along with Disability Rights Advocates (DRA), a nationwide nonprofit disability rights legal center—filed a putative class action against the City of Chicago on behalf of the American Council of the Blind of Metropolitan Chicago (ACBMC) and three individual plaintiffs with vision-related disabilities. The suit challenges the City’s systemic failure to provide accessible crosswalk signals for people who have significant vision impairments—a failure which violates both Title II of the Americans with Disabilities Act (ADA) and Section 504 of the federal Rehabilitation Act.

The complaint alleges that only 11 out of Chicago’s 2,670 intersections have accessible pedestrian signals (APS) which provide information to the visually-impaired. As a result, pedestrians with vision-related disabilities can safely cross fewer than half of one percent of Chicago’s intersections. In addition to placing visually-impaired Chicagoans in ongoing physical danger, the City’s failure to address these inadequacies represents continuing violations of federal law which requires, among other things, that public entities operate “each service, program, or activity” so that they are “readily accessible to and usable by individuals with disabilities.” 28 C.F.R. § 35.150.

In 2016, Proskauer, together with the Advocacy Center of Louisiana and the Washington Lawyers Committee for Civil Rights and Urban Affairs, filed a pro bono litigation in Louisiana federal court with the goal of securing qualified and certified American Sign Language (ASL) interpreters for deaf and hard of hearing…

For low-income families with disabled children, receiving Supplemental Security Income (SSI) benefits is critically important to the safety and security of their households.  Navigating the difficult claims process without legal counsel, however, too often leads to the wrong result.  This was exactly the case for one immigrant mother who—after a painful and complicated divorce—was unable to afford medical treatments for her 14-year-old son suffering from ADHD. After an unsuccessful first attempt to apply for SSI benefits, she sought help from Greater Boston Legal Services (GBLS), which paired her with a team of Proskauer lawyers who secured the benefits that she and her son desperately needed and deserved.

The Proskauer team, led by corporate associate Ben Sacks, was tasked with meeting the stringent criteria for SSI benefits. In order to qualify, an applicant must establish both medical documentation for the disability and evidence of limitations. In the case of applicants with ADHD, judges typically look to academic records when considering limitations.  This created a challenge for our client who had good grades—particularly in math—but was struggling in other ways at school. Ben and the Proskauer team understood that they had to make clear that academic records were the wrong measure of how ADHD impacted this boy’s life.  The argument was thus re-centered around the other struggles he had in school, such as ploys for attention, lack of focus in class despite his good grades, and issues outside of the classroom.

The New Jersey Appellate Division, in a landmark ruling — Oasis Therapeutic Life Centers, Inc. v. Wade et al., (December 10, 2018) — upheld a real estate purchaser’s right to assert a claim under New Jersey’s Law Against Discrimination (the LAD) against the purchaser’s prospective neighbors who discriminated against the purchaser because of the disability of the person intending to live on the premises, even if the purchaser (e.g., a charitable entity created to assist members of the protected class) does not fall within the protected class itself.

The decision paves the way for Proskauer lawyers Alychia Lynn Buchan, Maryssa A. Mataras, Evelyn Pang and I to continue litigating this matter, which was previously dismissed.

Our client, Oasis Therapeutic Life Centers, Inc. (Oasis), is a nonprofit organization providing residential and vocational opportunities and training to autistic individuals. Oasis also creates temporary and long-term group homes in farm-like settings for autistic young adults, where these individuals can live and work. 

Even Strength is an internship program designed to give young adults with Down syndrome the opportunity to work on the game operations staffs of professional sports teams.  Even Strength started as an idea that Jeremy Morin, my brother and professional hockey player, and I had five years ago.  Our uncle, Jeff Morin, is a middle-aged man with Down syndrome.  Throughout our lives and our hockey careers, Uncle Jeff has served as team manager, assistant coach, penalty-box attendant, sports psychologist, and most importantly – as a constant reminder of how individuals with intellectual disabilities both deserve meaningful roles in all of our lives and excel when given the opportunity to fulfill them.