Disability Rights

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Earlier this month, Proskauer – along with co-counsel Disability Rights Advocates (“DRA”), a nationwide nonprofit disability rights legal center – obtained class certification in an important litigation in the U.S. District Court for the Northern District of Illinois, brought on behalf of pedestrians with visual disabilities in the metropolitan Chicago…

Proskauer recently reached a landmark agreement with the New Jersey Department of Corrections (NJDOC) and Department of Education (NJDOE) to ensure that students entitled to special education services in NJDOC custody will receive those services to which they are legally entitled under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and Title II of the Americans with Disabilities Act (ADA). This settlement is consistent with Proskauer’s long-standing commitment to provide legal services to some of the country’s most vulnerable communities.

With the ongoing pandemic exacerbating pervading health disparity and economic inequality issues in the United States, we brought together three experts to discuss their work and the impact of COVID-19 on these important topics.

Our discussion was led by Emmy award-winning broadcast journalist and senior medical correspondent for WCBS-TV, Dr. Max Gomez. Our panelists included Rita Gilles, Dr. Kishor Malavade, and Otto Starzman. Rita Gilles is an Equal Justice Works Fellow, sponsored by Bloomberg and Proskauer at the Mount Sinai Medical Legal Partnership in collaboration with the LegalHealth division of New York Legal Assistance Group. She works to provide legal aid to low-income families of children and adolescent patients at Mount Sinai Hospital in East Harlem, addressing the social and legal determinants of poor health. Dr. Kishor Malavade is the Vice-Chair of Psychiatry and Deputy Medical Director of the Department of Population Health at Maimonides Medical Center. He leads efforts to increase access to healthcare and help individuals through community-based initiatives. Otto Starzman is the Chief Production Officer and Treasurer of the River Fund, the largest free food outlet in New York City. He works on the frontlines to serve our city’s most vulnerable populations in our poorest zip codes.

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.