Tuesday, August 9, 2011

My Aug. 9, 2011 e-mail to Florida Bar Records Custodian, Jenny Jolinsky

Here is the e-mail letter I just sent The Florida Bar records custodian, Jenny Jolinsky today, Aug. 9, 2011, in the ongoing Florida Bar Title II Americans With Disabilities Act Autism discrimination saga I have become caught up in as one of many with Autism whose civil rights are being violated by a State Bar Association Autism Discrimination Policy.

My Aug. 9, 2011 e-mail


Thank you. To the extent 28 C.F.R 35.130(f) "non-discriminatory"- related records requires more and does not allow a surcharge, pursuant to the Florida Supreme Court's ruling in Barry v. Burdines, Fla. 1996 that all Florida laws such as those you just cited me are in conflict with Title II ADA statutes, regulations, Technical Assistance Manual or case law, they are superceded DIRECTLY by the Title II ADA anti-discrimination require ments. The Florida Supreme Court has already held that Title II of the ADA specifically applies to The Florida Bar in TFB v. Clement. As a result, I am entitled to all such records requested free of charge.

It has come to my attention that the lawyers in Dykes v. Dudek case, No. 4:11-cv-00116-RS-WCS, pending in N.D. Fla. in DD Wait List and Olmstead Title II ADA community based living rights have all violated Title II of the ADA and R. Reg. Fla. Bar competency and candor to the Court disciplinary rules by deliberately failing to disclose to the federal court the controlling legal authority of 42 U.S.C. Sec. 12202 and Tennessee v. Lane, 2004 US LEXIS 3386 (2004);

and, further, by Pam Bondi, Esq., Timothy D. Osterhaus, Esq., whom she supervises, Charles M. Trippe, Esq., Jesse Panuccio, Esq., and Andrew T. Sheeran, Esq., Beverly H. Smith, Esq., for Agency for Health Care Administration, and Michael Palecki, Esq., for Agency for Persons With Disabilities have fraudulently made material false representations to the federal court in Dykes that 'Title II of the ADA does not waive Florida's Eleventh Amendment immunity' by intentionally concealing 42 U.S.C. Sec. 12202 and Tennessee v. Lane, supra, controlling authority from the federal Court in Dykes.

As I have informed TFB before, Ms. Bondi has been retaliating against me due to my Autism and according to witnesses plea dealing a suspect her office charged in Hillsborough County to gain a person to attack, maim, and founder my medically prescribed Autism disability service therapy horse since she was a state attorney in Hillsborough County in violation of the ADA's anti-retaliation statue, 42 U.S.C. Sec. 12203. I have repeatedly asked you for meaningful access to file a Bar grievance against Ms. Bondi, which you refuse in violation of my Title II ADA civil rights.

I am publishing this e-mail on my blog to the Autism community as these matters are completely inexcusable and newsworthy to all families with Autism. I am also distributing this newsworthy e-mail To TASC Asperger's group to alert them TFB refuses to train or discipline Bar members inflicting Title II ADA Olmstead harms on persons on the Autism spectrum to let all other Floridians affected know about this news. TASC has already informed me about the fraudulent use of the DSM-III and to undercount Autism and Asperger's population numbers.

I am by this writing, putting The Florida Bar, Paul Hill, Esq., John Harkness, Exec. Dir., and President of TFB, as well as Florida Bar Bd. of Governors on notice that should these lawyers not correct their materially false statements to the federal court to comply with their R. Reg. Fla. Bar candor to the court duties about 42 U.S.C. Sec. 12202 and Tennessee v. Lane, supra, by disclosing this controlling legal authority to the Court, or, alternatively if TFB does not provide legal justification for why it should not initiate grievance disciplinary proceedings against them for making such materially false representations to the federal court while intentionally concealing the controlling legal authority to inflict financial exploitation on the class of vulnerable adult disabled DD people by depriving them (including me) of vital entitlements in violation of Florida policy (see Fla. Stat. 415.1111, 825.103), then this writing serves as my own notice of my intent that I may exercise any or all of my legal rights in respondeat superior on a Government Tort Claim, under Title II of the ADA, the ADA retaliation statute 42 U.S.C. Sec. 12203, Sec. 504, and or any other legal right available to me to ask a Court to enter an order against TFB to pay all such damages inflicted on me as a result of this.

I have been deliberately and/or recklessly denied meaningful Autism effective communication access to Florida's Medicaid wait list (ACHA, APD, Gov. Office, Attorney General Office, Florida Bar member ALJs) and to my Social Security SSI and SSDI disability benefits by the state of Florida (AHCA, Florida Bar member ALJs) since appx. Apr. 2002 without a hearing or being provided any meaningful specific Autism effective communications access, as well as to denial of meaningful specific Autism access at multiple levels of Florida Government concerning my Olmstead v. L.C. community based living rights all on account of TFB's outright intentional refusal to require mandatory Title II ADA training specifically in complex Autism disabilities of each and every Florida Bar member as a condition of acquiring and/or keeping a Florida Bar license and enforce Title II of the ADA against the lawyers TFB licenses under R. Reg. Fla. Bar 4-8.4(d). I am being told by numerous members of the Autism community that TFB is violating Title II ADA civil rights specific to Autism people and especially as to me and that they cannot do this to me under the civil rights laws that exist to protect me.

This e-mail serves as a further records request under FOIA, Florida public records law, and Title II ADA 28 C.F.R. Sec. 35.130(f) to provide me the CLEs and training for each of the above-referenced attorneys involved in the Dykes case specifically in Title II of the ADA, the ADA's Title II Eleventh Amendment immunity waiver, Tennessee v. Lane, supra, and specific to their application to complex Autism and related disabilities. I am preparing a motion to intervene in that case as a result of these material misrepresentations made to the Court and I wish to attach them to my motion to intervene I am preparing to ask the federal Court to remove these counsel and appoint different legal counsel with specific Autism and Title II ADA training even if they are pro hac vice from out of state.

I am also needing these records to attach them to a DOJ Olmstead complaint asking Obama DOJ Civil Rights Div. to intervene in Dykes. It does not even appear Florida has bothered to take a population count of the adults who actually have Autism in Florida, and I am aware the figures being represented to the Court by the above-referenced Dykes lawyers reflect the fraudulent DSM-III 1996 numbers that were fraudulently advertised on USF Autism CARD Center website rather than the current CDC Autism population count numbers which are much higher, and it appears this is being done to make further fraudulent mis-representations to the federal court to undercount by thousands or even millions the number of those of us with Autism entitled to Wait List and Olmstead v. LC community based living benefits to aide in Republican budget cuts.

Thank you kindly.

Mary Katherine Day-Petrano