I have been going over my daily logs of my experience during the years-long Martin Luther King, Jr.-style FBI Autism bullying attacks on my Autism and my family because I speak out about the Dire plight of people with Autism in this Country and certain of our states.
I came across this post I made in comments on Facebook during appx. August 2010, and I am re-publishing it here because we have an EPIDEMIC CRISIS of AUTISM PROPORTIONS with how people with Autism are being abused and mis-interpreted and dealt very wrong and inappropriate mis-treatment by our state and federal Court Systems, often "criminalizing" Autism status, and punishing the innocent simply because our Autism neurology is not understood or GRASPED by those in positions of power, who cut every cheap expedient corner to warehouse and not fully fund Autism any way they can.
Martin Luther King, Jr. brought civil rights change for the better of every human by saying: "I have a Dream ..."
People with Autism answer you, Dr. King, with our own saying: "I have a VOICE"
It is there for those who can listen:
MY AUGUST 2010 FACEBOOK COMMENT POST:
"I have not yet seen one single courthouse anywhere in this Country that is built for the sensory oversensitivities and severe communication and social interaction requirements of anyone on the Autism spectrum - additionally, I have not seen one single courthouse that transcribes all of the non-verbal facial expressions, gestures, eye gazes etc into the "word" transcript so the Autistic person can actually follow the conversation and make sure others are not "interpreting" his or her non-verbal neurology over which there is often as little voluntary control as an epileptic in seizure. Robinson v. California, 370 US 660 (1962). And if the Autistic also has epilepsy or TLE, then they are squarely under that case anyway - esp. if the TLE disrupts their hearing and language areas.
How can they 'arrest' any Autistic if the above are not met ? You don't arrest people you cannot put to a trial, and they obviously cannot put any Autistic to trial in a 'legal presence' sense (a requirement of due process - pretty much unanimous rule all around the Country in every jurisdiction state and federal) if the above is not met.
So wtf are they doing other than false imprisonment ? When I see these stories I just get so mad that others are willfully ignorant and intentionally abusive, pronouncing a sentence on a person who probably understood less than 1 % of the communication going on in the courtroom - how that does not meet "beyond a reasonable doubt" (doubt being injected due to the 99 % probablility the entire fact set is in error), is beyond me.
Another point is, whatever % the Autistic can understand in the courtroom is the same in the law enforcement investigation - unless everytime law enforcement is taking reports from others, using wiretaps, etc, they are ensuring the interface is PECs or one of the other ways an Autistic can understand 100 % of the communication in a TWO-WAY manner and vice versus, instead of just 1 % of the communication, that all echolalia be identified and removed (stricken from all investigative reports, "confessions," bases for probable cause or even a warrant, and court hearings & "the record) and that all tipsters and reporters used to ground a law enforcement investigation or used for background checks can prove certification in Autism education and training (and this incls. neighbors, friends, relatives, etc) - because otherwise they could be giving a 99 % mis-interpretation or describing their own lack of Autism knowledge and blaming the vulnerable Autistic for that. We see far too many of these "others" killing Autistics lately "because they wanted normal kids" - so any reports from them w/o proof of formal Autism education and training should never be used - and this goes as well to bar admission background checks and employer background checks.
I'm just saying - because in Autism spectrum people, the communication gap physically exists at the synapse, and this occurs very early in childhood - not something the court can just speculate or "pronounce" can be changed to "normalize" the Autistic to the court's operational processes and sensory - language inaccessible courthouse buildings and communication systems used in cases and investigations currently.
Additionally, anytime a court official cues the anti-Autism discrimination words 'you don't look like' or 'you seemed to do just fine to me' - these are examples of judicial misconduct because medical science has proven under the physical laws of nature that the human eye and senses cannot see inside the brain to examine the synapse w/o extremely high tech and expensive state-of-the-art brain scans of various types - and it is misconduct for a judge to knowing take a case in which he or she is incompetent.
Hello designers of law enforcement investigations and courthouses and operational processes used in cases in courthouses when the person is on the Autism spectrum - EACH AND EVERY REASONABLE ACCOMMODATION' REQUEST REQUIRES DAUBERT OR FRYE (FLORIDA) EXPERT BRAIN NEUROLOGIST INVOLVEMENT TO CARRY OUT THE SEC. 504 & ADA DUTIES OF 'REASONABLE ACCOMMODATION' AND EVEN THE 'INTERACTIVE PROCESS' - that is the rule, any part of cases / investigation that cannot be determined by purely 'common sense' lay person naked eye eval. REQUIRES an expert.
Autism spectrum people with a diagnosis (to even get the diagnosis) by the definition and criterion of the diagnosis itself, cannot 'interact,' and therefore cannot engage in 'interactive process' - if no EXPERT BRAIN NEUROLOGIST IS INVOLVED IN THE EVALUATION OF THE 'REASONABLE ACCOMMODATION' REQUEST, THEN THERE IS VIOLATION OF THE CIVIL RIGHTS STATUTE BECAUSE THE BREAKDOWN OF THE "INTERACTIVE PROCESS" NECESSARILY MUST BE ASSIGNED TO THE GOVERNMENT ENTITY AT THE GIT-GO SINCE THE AUTISM SPECTRUM PERSON'S SYNAPSES PREVENT 'INTERACTION' - THE NECESSARY INGREDIENT FOR 'INTERACTIVE PROCESS' TO OCCUR AND THE AUTISTIC CANNOT BE ASSIGNED PENALTY FOR SYNAPSE STATUS, Robinson v. California, 370 US 660 (1962).
= VIOLATION OF THE CIVIL RIGHTS STATUTE, PER SE. Sec. 504, Sec. 508, Title II ADA.
I also just want to say, I am just shocked that so many extremely bright people, these people who have the incredible talents to work for the FBI, be our judges, do forensics etc are DUMB AS DOORKNOBS when it comes to what an Autism spectrum medical condition is and what it means in application to their sphere. If our best and brightest cannot mentally understand what an Autism spectrum person and medical condition IS, then how can they even be allowed contact with the Autistic person or case - much less given a deadly weapon like a tazer or gun with a wanton abandoned and malignant heart (the same standard THEY use to convict second degree murderers).
There is a HUGE AUTISM PROBLEM IN THIS COUNTRY - THAT IS THE EPIDEMIC, THE LACK OF FORMAL AUTISM EDUCATION AND TRAINING !!!!!!!!!!!!!!!!!!!"
What can we do as an Autism community to peacefully bring about the change necessary to end the inhumane mis-treatment of millions of people with Autism in our Country ? We are humans, too. Don't we deserve equal rights, compassion, and to have the Neurotypical majority pass around some of their often touted "Empathy" ?
Monday, June 27, 2011
Friday, June 24, 2011
My Updated "Autism Gang Bullying Policy" Public Records Request On The Florida Bar
In response to the e-mail I received from The Florida Bar Record's Custodian copied to Their General Counsel, Paul Hill, captioned:
"From: Jenny Jolinski
Subject: Public Records Request -- Day-Petrano 2011/05/25
To: "Mary Day-Petrano"
Cc: "Paul Hill"
Date: Friday, June 17, 2011, 10:50 AM,"
I made a more specific, further Title II Americans With Disabilities Act public records request today for The Florida Bar's "Autism Gang Bullying Policy" Applicable to Florida Lawyers They License Who Engage In Gang Autism Bullying and how the policy applies to Attorney Discipline to make the Autism bullying stop:
"Pls. provide me SPECIFICALLY The Florida Bar's Autism Bullying Policy including how it is providing group gang bullying Bar discipline complaints to be filed against multiple lawyers in ONE complaint, rather than breaking such Autism bullying complaints up into separate individual complaints that are not compliant with Title II of the Americans With Disabilities Act to address Florida Bar lawyer gang Autism bullying. Paul Hill informed me he KNOWS the Florida Bar's Title II ADA self-evaluation is currently non-compliant and must be updated for the Amendments to the ADA and given that ALL public entities are being REQUIRED to have gang Autism bullying policies, he KNOWS the new self-eval as well as lawyer gang Autism bullying complaint forms and procedures MUST be compliant with that.
I wish to file an Autism gang bullying complaint against Florida lawyers at this time. By definition, a gang is not an "individual" complaint againt an "individual" lawyer. I am in imminent safety threat to my Autism well-being for every day I am barred by Autism barriers existing at The Florida Bar from filing this complaint.
If you do not provide me the requested public records, I will regard The Florida Bar's failure as a declaration against interest under Florida and Federal Rules of Evidence that lawyers it licenses are engaging in gang Autism bullying and that The Florida Bar has NO Title II ADA compliance to make it stop thereby placing people with Autism at physical safety threats of injury and harm from Florida lawyers it licenses and has respondeat superior liability.
Thank you kindly,
Respectfully,
Mary Katherine Day-Petrano"
I will share The Florida Bar's response with the Autism Community on this blog and keep everyone updated.
"From: Jenny Jolinski
Subject: Public Records Request -- Day-Petrano 2011/05/25
To: "Mary Day-Petrano"
Cc: "Paul Hill"
Date: Friday, June 17, 2011, 10:50 AM,"
I made a more specific, further Title II Americans With Disabilities Act public records request today for The Florida Bar's "Autism Gang Bullying Policy" Applicable to Florida Lawyers They License Who Engage In Gang Autism Bullying and how the policy applies to Attorney Discipline to make the Autism bullying stop:
"Pls. provide me SPECIFICALLY The Florida Bar's Autism Bullying Policy including how it is providing group gang bullying Bar discipline complaints to be filed against multiple lawyers in ONE complaint, rather than breaking such Autism bullying complaints up into separate individual complaints that are not compliant with Title II of the Americans With Disabilities Act to address Florida Bar lawyer gang Autism bullying. Paul Hill informed me he KNOWS the Florida Bar's Title II ADA self-evaluation is currently non-compliant and must be updated for the Amendments to the ADA and given that ALL public entities are being REQUIRED to have gang Autism bullying policies, he KNOWS the new self-eval as well as lawyer gang Autism bullying complaint forms and procedures MUST be compliant with that.
I wish to file an Autism gang bullying complaint against Florida lawyers at this time. By definition, a gang is not an "individual" complaint againt an "individual" lawyer. I am in imminent safety threat to my Autism well-being for every day I am barred by Autism barriers existing at The Florida Bar from filing this complaint.
If you do not provide me the requested public records, I will regard The Florida Bar's failure as a declaration against interest under Florida and Federal Rules of Evidence that lawyers it licenses are engaging in gang Autism bullying and that The Florida Bar has NO Title II ADA compliance to make it stop thereby placing people with Autism at physical safety threats of injury and harm from Florida lawyers it licenses and has respondeat superior liability.
Thank you kindly,
Respectfully,
Mary Katherine Day-Petrano"
I will share The Florida Bar's response with the Autism Community on this blog and keep everyone updated.
Saturday, June 11, 2011
My Personal Opinion On How It Feels As A Highly University Educated Adult With Autism / related Brain Injuries To Be De-valued By Non-Autistic Society
I was going to begin this post a much different way, but the Autism bullies who have been hacking my Autism AAC Internet computer just commandeered my screen and obliterated my post part way finished. Now I feel like Snoopy's 'A dark and Stormy night,' no good, crumple up the paper, and start the piece over again. Except that is a non-Autistic sterotype, and I do not use paper.
I have to warn my readers, I have a significant aphasia and also some paralysis to some of my facial features and expressions resultant from my Infant Paralytic Poliomyelitis Autism Vaccine injury. That means, critical parts of my left brain language sequence - order - and linear organizational functions have been damaged or otherwise do not exist like they do for my non-Autistic counterparts. It also means, NO one can "interpret" any meaning from how my voice sounds or trying to "read" my facial expressions, gestures, or the like ("non-verbal language communication").
There are three essential segments of society, all of them Totally Ignorant about Autism, who become highly irritated when they must interact and integrate themselves with an adult with Autism: People who really know me by living around me like my caretakers have; People who know me who are totally Ignorant about Autism and have not been clued-in how to "issue-spot" it to get the maximum Exam question points, People who have to deal with me by having some duty to me or I to them; and all other people and acquiantances I run into if I go somewhere.
Non-Autistic society has decreed an Eleventh Commandment that people with Autism are required to exhibit the same facility in navigating the social World with the same Top "normal" Exam Score as the "common sense norm" of the non-Autistic World prefers. Unfortunately, some of the most recent scientific research, see HERE: http://health.yahoo.net/news/s/afp/healthusresearchautism, provides proof people with Autism cannot do this because it is against the laws of Nature.
I think most of my readers from the Autism community, especially those of us who travel the adult Autism circuits, pretty much know that adults with Autism experience a similar difficulty that can only be described analogously to the "coming out of the closet" of Gay men and Lesbian women. In all contexts, we either choose to "come out" or we are "outed" by others not of our minority groups who disapprove of who and what we are. Adults with Autism likewise experience the phenomenon of "coming out" or "being outed."
I was "outed" after I became probably the first person with Autism to historically graduate an American Bar Association-accredited law school, and my non-Autistic peers in the legal profession[1] disapproved of the idea a person with Autism would ask to become integrated in their almost 100 % non-Autistic homogeous group[2] of Bar / court franchises around the Country.
Being "outed" was really quite an unpleasant experience, because suddenly I felt like Anne Frank when persons who were Intolerant were looking to "out" her because she had Jewish heritage. In my case, it was when the California State Bar Court Hearing Dept. Judge denied me my California Bar license by stating the anti-Semitic Ashkenazi / Sephardic predicate Bar Associations around the Country used to keep out European Jews in this Country's history: "The debate which Applicant raises is not a new one. It is as old as the continuing societal debate on free will versus predestination." Cal. Bar Ct Hearing Dept., Case No 94-M-18311-NRL, pg.12.
In essence, the non-Autistic part of the legal profession did NOT want to integrate with me because I'm a person with Autism descended from "capable hunter-gatherers in prehistoric times, according to a paper published in the journal Evolutionary Psychology in May," see HERE: http://www.sciencedaily.com/releases/2011/06/110603122849.htm, and because "genes that contribute to autism may have been selected and maintained because they created beneficial behaviors in a solitary environment, amounting to an autism advantage", Id. - they were Envious of the gifts of an Autistic savant and Autism more specifically.
All of us who travel Autism circles have seen the type of social cooperation-bully calling that frequently occurs among the Neuro-typical social type. It's bad enough when it's a Frat hazing, like that which occurs sometimes among peers in other professions such as business, accountants, doctors, veterinarians, dancers, etc., but when Frat hazing Autism bullying occurs in the legal profession the adult with Autism gets "outed," ostracized, and excluded - very often as we see at Barbaric places such as the Rotenberg Center, preyed on, hunted down, and retaliated. And why it is Worse for those of us adults with Autism who Dream of traveling legal peer circles ? Because ...
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), gave courts the right to "say so." But I think thomas Jefferson and Benjamin Franklin would have certainly replied: 'That's not good enough.'
My "outing" was the result primarily of the freak-out Neuro-typicals had when encountering my Autistic intelligence, Autistic language, and Paralytic Poliomyelitis residual facial paralysis and motor neuron disabilities and what it did to my sound of voice and inability to both read facial expressions, gestures, and the like ("non-verbal language communication") and for them to be "read" by other non-Autistic people, as well as my Ashkenazi and Sephardic Jewish ancestry containing the homo neanderthalensis genes. Being "outed" for my neuro-religious species convergence type[3] made me feel like J. Edgar Hoover must have felt when he was "outed" wearing the infamous "Red Dress" that gave rise to the "Red Scare" (otherwise known as "McCarthism"), or how Lucille Ball must have felt when she was "outed" with Desi.
Non-Autistic people who bully people with Autism by using social cooperation-calling techniques, frequently push around and abuse a lot of helpless Autistic children and helpless adults. I hear a lot of Horribly derogatory remarks, such as "Hey Retard," or "Stupid Idiot," or "Why can't you be like us?", or talking over our heads about us to others as if we do not know the Incredibly insulting and very mis-guided things they are saying about us. See Ari N'eeman: "Nothing about us without us."
I get to say how DE-VALUED this makes people with Autism feel, because (to borrow Hon. Clarence Thomas' sense of achievement in having earned it on merit), I have three University degrees and passed the same 'most difficult Bar Exam in the Country' as everyone else, and I can describe how it makes ME feel to be called those kinds of words as if I were a piece of dirt on the ground that has no value or worth.
People with Autism do not Deserve to be mis-treated this way just because we are historically different than Neuro-typical non-Autistics, just because we have an adaptive Autistic advantage under some evolutionary environments, see HERE: http://www.sciencedaily.com/releases/2011/06/110603122849.htm And, really, it is totally anti-Semitic !
People who live around me all day like my caretakers, who really know me, do not usually have a "problem" with my Autistic nature. The other three categories ALL across-the-board mis-interpret, mis-judge, and mis-perceive almost everything about me and my intentions - and most especially that I am Not Stupid. I just Can't Talk.
The existing mis-treatment and pervasive abuse of people with Autism is currently at levels approaching Medieval torture. We have many talents adaptive to areas where non-Autistic Neuro-typicals fall short. This is not a matter of social heirarchy -- it is a matter of science and the neurological difference. The same way a K-9 can be adaptive for Natural Disaster research and rescue.
I am not going to stop sharing my life as an adult with Autism, because if there is just ONE person with Autism my life and efforts help to live a better quality and better understood life for my speaking out, then my life has been worth it.
How other make people with Autism feel is somthing to think about. We DO feel -- more intensely, in fact, than others.
___________________________
[1] My non-Autistic peers include basically lawyers, judges, legal assistants and the like who speak the same "legalese" language I was explicitly taught to speak, and this is evident to anyone who ever went to law school.
[2] I have frequently asked Bar Examiners, Bar Associations, Lawyers, Judges, and other legal profession people if they know what Autism is, and I never once got a response that -- if it were painted in a painting -- would not look like a Chimp with their mouth hanging wide open. "Huh ?" Therefore, such almost 100 % total Autism Ignorance serves as an admission by act that literally every lawyer, judge, and other legal profession position is 100 % homogeneuosly held by those who are non-Autistic (hereafter "Neuro-typical").
I have to warn my readers, I have a significant aphasia and also some paralysis to some of my facial features and expressions resultant from my Infant Paralytic Poliomyelitis Autism Vaccine injury. That means, critical parts of my left brain language sequence - order - and linear organizational functions have been damaged or otherwise do not exist like they do for my non-Autistic counterparts. It also means, NO one can "interpret" any meaning from how my voice sounds or trying to "read" my facial expressions, gestures, or the like ("non-verbal language communication").
There are three essential segments of society, all of them Totally Ignorant about Autism, who become highly irritated when they must interact and integrate themselves with an adult with Autism: People who really know me by living around me like my caretakers have; People who know me who are totally Ignorant about Autism and have not been clued-in how to "issue-spot" it to get the maximum Exam question points, People who have to deal with me by having some duty to me or I to them; and all other people and acquiantances I run into if I go somewhere.
Non-Autistic society has decreed an Eleventh Commandment that people with Autism are required to exhibit the same facility in navigating the social World with the same Top "normal" Exam Score as the "common sense norm" of the non-Autistic World prefers. Unfortunately, some of the most recent scientific research, see HERE: http://health.yahoo.net/news/s/afp/healthusresearchautism, provides proof people with Autism cannot do this because it is against the laws of Nature.
I think most of my readers from the Autism community, especially those of us who travel the adult Autism circuits, pretty much know that adults with Autism experience a similar difficulty that can only be described analogously to the "coming out of the closet" of Gay men and Lesbian women. In all contexts, we either choose to "come out" or we are "outed" by others not of our minority groups who disapprove of who and what we are. Adults with Autism likewise experience the phenomenon of "coming out" or "being outed."
I was "outed" after I became probably the first person with Autism to historically graduate an American Bar Association-accredited law school, and my non-Autistic peers in the legal profession[1] disapproved of the idea a person with Autism would ask to become integrated in their almost 100 % non-Autistic homogeous group[2] of Bar / court franchises around the Country.
Being "outed" was really quite an unpleasant experience, because suddenly I felt like Anne Frank when persons who were Intolerant were looking to "out" her because she had Jewish heritage. In my case, it was when the California State Bar Court Hearing Dept. Judge denied me my California Bar license by stating the anti-Semitic Ashkenazi / Sephardic predicate Bar Associations around the Country used to keep out European Jews in this Country's history: "The debate which Applicant raises is not a new one. It is as old as the continuing societal debate on free will versus predestination." Cal. Bar Ct Hearing Dept., Case No 94-M-18311-NRL, pg.12.
In essence, the non-Autistic part of the legal profession did NOT want to integrate with me because I'm a person with Autism descended from "capable hunter-gatherers in prehistoric times, according to a paper published in the journal Evolutionary Psychology in May," see HERE: http://www.sciencedaily.com/releases/2011/06/110603122849.htm, and because "genes that contribute to autism may have been selected and maintained because they created beneficial behaviors in a solitary environment, amounting to an autism advantage", Id. - they were Envious of the gifts of an Autistic savant and Autism more specifically.
All of us who travel Autism circles have seen the type of social cooperation-bully calling that frequently occurs among the Neuro-typical social type. It's bad enough when it's a Frat hazing, like that which occurs sometimes among peers in other professions such as business, accountants, doctors, veterinarians, dancers, etc., but when Frat hazing Autism bullying occurs in the legal profession the adult with Autism gets "outed," ostracized, and excluded - very often as we see at Barbaric places such as the Rotenberg Center, preyed on, hunted down, and retaliated. And why it is Worse for those of us adults with Autism who Dream of traveling legal peer circles ? Because ...
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), gave courts the right to "say so." But I think thomas Jefferson and Benjamin Franklin would have certainly replied: 'That's not good enough.'
My "outing" was the result primarily of the freak-out Neuro-typicals had when encountering my Autistic intelligence, Autistic language, and Paralytic Poliomyelitis residual facial paralysis and motor neuron disabilities and what it did to my sound of voice and inability to both read facial expressions, gestures, and the like ("non-verbal language communication") and for them to be "read" by other non-Autistic people, as well as my Ashkenazi and Sephardic Jewish ancestry containing the homo neanderthalensis genes. Being "outed" for my neuro-religious species convergence type[3] made me feel like J. Edgar Hoover must have felt when he was "outed" wearing the infamous "Red Dress" that gave rise to the "Red Scare" (otherwise known as "McCarthism"), or how Lucille Ball must have felt when she was "outed" with Desi.
Non-Autistic people who bully people with Autism by using social cooperation-calling techniques, frequently push around and abuse a lot of helpless Autistic children and helpless adults. I hear a lot of Horribly derogatory remarks, such as "Hey Retard," or "Stupid Idiot," or "Why can't you be like us?", or talking over our heads about us to others as if we do not know the Incredibly insulting and very mis-guided things they are saying about us. See Ari N'eeman: "Nothing about us without us."
I get to say how DE-VALUED this makes people with Autism feel, because (to borrow Hon. Clarence Thomas' sense of achievement in having earned it on merit), I have three University degrees and passed the same 'most difficult Bar Exam in the Country' as everyone else, and I can describe how it makes ME feel to be called those kinds of words as if I were a piece of dirt on the ground that has no value or worth.
People with Autism do not Deserve to be mis-treated this way just because we are historically different than Neuro-typical non-Autistics, just because we have an adaptive Autistic advantage under some evolutionary environments, see HERE: http://www.sciencedaily.com/releases/2011/06/110603122849.htm And, really, it is totally anti-Semitic !
People who live around me all day like my caretakers, who really know me, do not usually have a "problem" with my Autistic nature. The other three categories ALL across-the-board mis-interpret, mis-judge, and mis-perceive almost everything about me and my intentions - and most especially that I am Not Stupid. I just Can't Talk.
The existing mis-treatment and pervasive abuse of people with Autism is currently at levels approaching Medieval torture. We have many talents adaptive to areas where non-Autistic Neuro-typicals fall short. This is not a matter of social heirarchy -- it is a matter of science and the neurological difference. The same way a K-9 can be adaptive for Natural Disaster research and rescue.
I am not going to stop sharing my life as an adult with Autism, because if there is just ONE person with Autism my life and efforts help to live a better quality and better understood life for my speaking out, then my life has been worth it.
How other make people with Autism feel is somthing to think about. We DO feel -- more intensely, in fact, than others.
___________________________
[1] My non-Autistic peers include basically lawyers, judges, legal assistants and the like who speak the same "legalese" language I was explicitly taught to speak, and this is evident to anyone who ever went to law school.
[2] I have frequently asked Bar Examiners, Bar Associations, Lawyers, Judges, and other legal profession people if they know what Autism is, and I never once got a response that -- if it were painted in a painting -- would not look like a Chimp with their mouth hanging wide open. "Huh ?" Therefore, such almost 100 % total Autism Ignorance serves as an admission by act that literally every lawyer, judge, and other legal profession position is 100 % homogeneuosly held by those who are non-Autistic (hereafter "Neuro-typical").
Nationwide Elderly & Disabled Autism / Brain Injury Abuse: Bad Faith
I was a passenger when rear-ended in an auto accident during January 05, 2008 in which my seat restraint broke upon impact, throwing me against the interior of the vehicle, and, over five brain scans, showed a cascading worsening significant brain injury.
For those who follow me on Facebook and Twitter, know about the ongoing abuse I have been subjected to by Nationwide Mutual Fire Insurance Company in Florida and their UM claims rep "Earl" Charles Law. A YouTube video has been posted for some time with many views concerning the permanent foot deformity inflicted on me when Nationwide refused in bad faith to pay for my necessary medical care, HERE: http://www.youtube.com/watch?v=MT5HgBiZjZc.
I have been asked many times by members of the Autism community to share my journey through life as an adult with Autism, including the numerous ways in which our lives are De-valued and we are Egregiously and Pervasively Mis-treated.
I am now sharing a Declaration under Oath describing how Nationwide and their claims rep committed elderly abuse on my 91-year old Mother-in-law and disabled sister-in-law to try to extort a low-ball settlement of MY UM auto accident brain injury / related injuries claim without my knowledge or authorization (to fraudulently circumvent their having to get my agreement and signature to settle my claim).
The reason this Despicable insurance company engaged in such Outrageous bad faith acts was because of my severe Autism aggravated by the January 05, 2008 significant cascading brain injury caused a spoken and written expressive aphasia (inability to speak and/or write functionally including inability to organize, order, and sequence expressive speech), so they thought they could commit adult Autism bullying and abuse to a person they perceived to be a silent witness who could not tell on them for what they did.
HERE is the Declaration under Oath -- every parent of a child or adult with Autism should give thought to how society and particularly law enforcement agencies and many states such as Florida who are against protecting Autism families and the disabled to further their budget cuts allow such brutality and inhumane acts to be perpetrated upon some of the most vulnerable American citizens.
DECLARATION OF DONNA ROSS:[1]
"I, Donna Ross, declare as follows:
1. I am the sister-in-law of Mary Katherine Day-Petrano, sister of David F.
Petrano, and daughter of Yolanda Petrano. If called upon I could and would
competently testify from first hand personal experience to the facts which I
have stated herein.
2. I am aware that my brother, David F. Petrano and his wife, Mary Katherine
Day-Petrano were injured in an auto accident on about January 05, 2008 in
which Mary's seat restraint broke, throwing her against the interior of the
car, and causing her significant brain injuries.
3. I am also aware that Nationwide Mutual Fire Insurance Company has
delayed paying Mary's medical bills and for her medical treatment resulting
from that auto accident for more almost 2 years under the UM policy,
claim no. 7709 N 7864660105200801 without any regard whatsoever and
without any justifiable excuse by acting in a reckless manner, with
deliberate disregard, and inhumanely against her for the additional extent
of brain damage and exacerbation of other injuries this may have caused
and/or still be causing to her by causing all of her medical care to be
abruptly cut-off.
4. Nationwide's claims representative, Charles Law, then began engaging in
harassment and elderly and adult vulnerable disabled abuse in violation of
Florida Statutes Sec. 415.1111 and 825.103 of myself and my 91 year old
mother, Yolanda Petra no, (and thereby of Mary) by repeatedly telephone
our house, demanding that I "take power of attorney over Yolanda" to sign
off on Mary's UM claim to settle it without any notice to Mary or
authorization whatsoever from Mary and while he knew Mary was the
person injured in the auto accident not myself or my elderly mother. Mr.
Law's intimidating and coercive acts against myself and my elderly mother
to try to destroy Mary's claim to receive payment under the UM policy for
her necessary brain injury medical care and treatment appeared to be forthe purpose of extorting a low ball settlement from Mary without her
knowledge or consent by committing elderly and disabled abuse upon us
(and her).
I declare under 28 U.S.c. Sec. 1746 that the foregoing is true and correct to
the best of my personal knowledge and belief. Executed this 8th day of June,
2011.
Donna Ross, Declarant"
______________________
[1] I have not been able to find any editing feature to make the scan copy fit properly onto the blog post page, and apologize to readers for the way the text wraps around on the Declaration copy.
Note: The Declarant's signature can be seen HERE: http://www.youtube.com/watch?v=0pD0l-muajM
For those who follow me on Facebook and Twitter, know about the ongoing abuse I have been subjected to by Nationwide Mutual Fire Insurance Company in Florida and their UM claims rep "Earl" Charles Law. A YouTube video has been posted for some time with many views concerning the permanent foot deformity inflicted on me when Nationwide refused in bad faith to pay for my necessary medical care, HERE: http://www.youtube.com/watch?v=MT5HgBiZjZc.
I have been asked many times by members of the Autism community to share my journey through life as an adult with Autism, including the numerous ways in which our lives are De-valued and we are Egregiously and Pervasively Mis-treated.
I am now sharing a Declaration under Oath describing how Nationwide and their claims rep committed elderly abuse on my 91-year old Mother-in-law and disabled sister-in-law to try to extort a low-ball settlement of MY UM auto accident brain injury / related injuries claim without my knowledge or authorization (to fraudulently circumvent their having to get my agreement and signature to settle my claim).
The reason this Despicable insurance company engaged in such Outrageous bad faith acts was because of my severe Autism aggravated by the January 05, 2008 significant cascading brain injury caused a spoken and written expressive aphasia (inability to speak and/or write functionally including inability to organize, order, and sequence expressive speech), so they thought they could commit adult Autism bullying and abuse to a person they perceived to be a silent witness who could not tell on them for what they did.
HERE is the Declaration under Oath -- every parent of a child or adult with Autism should give thought to how society and particularly law enforcement agencies and many states such as Florida who are against protecting Autism families and the disabled to further their budget cuts allow such brutality and inhumane acts to be perpetrated upon some of the most vulnerable American citizens.
DECLARATION OF DONNA ROSS:[1]
"I, Donna Ross, declare as follows:
1. I am the sister-in-law of Mary Katherine Day-Petrano, sister of David F.
Petrano, and daughter of Yolanda Petrano. If called upon I could and would
competently testify from first hand personal experience to the facts which I
have stated herein.
2. I am aware that my brother, David F. Petrano and his wife, Mary Katherine
Day-Petrano were injured in an auto accident on about January 05, 2008 in
which Mary's seat restraint broke, throwing her against the interior of the
car, and causing her significant brain injuries.
3. I am also aware that Nationwide Mutual Fire Insurance Company has
delayed paying Mary's medical bills and for her medical treatment resulting
from that auto accident for more almost 2 years under the UM policy,
claim no. 7709 N 7864660105200801 without any regard whatsoever and
without any justifiable excuse by acting in a reckless manner, with
deliberate disregard, and inhumanely against her for the additional extent
of brain damage and exacerbation of other injuries this may have caused
and/or still be causing to her by causing all of her medical care to be
abruptly cut-off.
4. Nationwide's claims representative, Charles Law, then began engaging in
harassment and elderly and adult vulnerable disabled abuse in violation of
Florida Statutes Sec. 415.1111 and 825.103 of myself and my 91 year old
mother, Yolanda Petra no, (and thereby of Mary) by repeatedly telephone
our house, demanding that I "take power of attorney over Yolanda" to sign
off on Mary's UM claim to settle it without any notice to Mary or
authorization whatsoever from Mary and while he knew Mary was the
person injured in the auto accident not myself or my elderly mother. Mr.
Law's intimidating and coercive acts against myself and my elderly mother
to try to destroy Mary's claim to receive payment under the UM policy for
her necessary brain injury medical care and treatment appeared to be forthe purpose of extorting a low ball settlement from Mary without her
knowledge or consent by committing elderly and disabled abuse upon us
(and her).
I declare under 28 U.S.c. Sec. 1746 that the foregoing is true and correct to
the best of my personal knowledge and belief. Executed this 8th day of June,
2011.
Donna Ross, Declarant"
______________________
[1] I have not been able to find any editing feature to make the scan copy fit properly onto the blog post page, and apologize to readers for the way the text wraps around on the Declaration copy.
Note: The Declarant's signature can be seen HERE: http://www.youtube.com/watch?v=0pD0l-muajM
Monday, June 6, 2011
Florida Bar's Autism Discrimination Against Me & Refusal To Require Specific Autism Training For Its Lawyers
I previously posted Part I in my new series on The Florida Bar’s pervasive Autism bullying and Autism discrimination, officially through itself and more widely through the Florida lawyers it licenses. As mentioned, I was forced to post my series in reverse order, due to the Autism hacking and hackers having been caught hacking my Internet firewall Security Key to prevent me from publicizing my posts about Autism discrimination and bullying that affects not only myself as an adult with Autism but the entire Autism community.
This is part II, concerning the e-mail public records response I received this morning from Jenny Jolinski JJolinski@flabar.org, public records custodian for The Florida Bar that serves under Federal Rules of Evidence as a declaration against interest (ADMISSION) by The Florida Bar that, despite the trade guild’s mission of “administration of Justice” and requirement that every Florida lawyer take an Oath to uphold the federal civil rights laws and United States Constitution Bill of Rights, The Florida Bar is NOT requiring specific Autism education and training and Title II Americans With Disabilities Act specific Autism disability training of the lawyers it licenses in Florida.
The Florida Bar record’s custodian was responding to a public records request I made concerning the specific Autism developmental disability education and training of Amanda Heystek, Esq., FBN 285020, who is the plaintiff class lawyer purporting to represent all developmentally disabled people in Florida including those of us with an Autism diagnosis who are entitled under Florida law to be receiving Medicaid and wait list services under the Olmstead mandate (Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581, 598 (1999)) -- Florida lawyer Amanda Heystek is representing the plaintiff class and Disability Rights Florida Org. in the Dykes v. Dudek, N.D. Fla. Case 4:11-cv-00116-SPM -WCS lawsuit in Tallahassee seeking a remedy for funding Florida’s Medicaid wait list.
When I initially approached Florida Bar-licensed lawyer Heystek, she gave me written e-mail admissions and admissions by act or conduct that she had NO recent specific Autism developmental disability education or training, and displayed COMPLETE IGNORANCE that people with severe non-verbal Autism frequently cannot use telephones or black & white paper print in small fonts, complex language, or forms.
Specifically, Heystek apparently had NO knowledge of the Eleventh Circuit U.S. Court of Appeals’ findings that the plaintiffs in Rendon v. Valleycrest Productions, Ltd., No. 01-11197 (11th Cir. 2002), were screened out by an automated telephone system, rather than by an admission policy administered at the studio door, was of no consequence under the statute; “eligibility criteria are frequently implemented off site-for example, through the mail or over the telephone. Indeed, Congress specifically noted in the ADA’s ‘findings of fact’ that ‘individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers,’ the very sorts of discrimination the statute seeks to redress. 42 U.S.C. § 12101(a)(5) (emphasis added),” Id. (citing Ferguson v. City of Phoenix, 157 F.3d 668 (9th Cir. 1998) (discriminatory 9-1-1 emergency response system)).
When I attempted to explain to Ms. Heystek that many severely Autistic people including myself use AAC computer Internet communication devices, PECS, iPads and similar alternative communication systems, she could not understand the alternative communications format concept, or that the way she framed the lawsuit purportedly representing me as a class member entitled to receive such Medicaid and wait list services under Florida law deliberately and intentionally violated Title II of the Americans With Disabilities Act by leaving out thousands of us – including myself, people with severe Autism being systematically denied meaningful access to Florida’s Medicaid wait list. She instead engaged in a Neuro-typical social-norming exclusion behavior and demonstrated a woeful lack of training to handle Autism behaviors with a severely Autistic person (myself) she was required by law to be HELPING not excluding.
Title II of the ADA requires public entities to: (1) “make reasonable modifications to rules, policies, or practices;” (2) “remov[e] … architectural, communication, or transportation barriers;” and (3) “provi[de] auxiliary aids and services” so as to enable disabled persons to participate in programs, services, or activities. See, 42 U.S.C. §12131(2). Consistent with these principles, in Alexander v. Choate, 469 U.S. 287 (1985), the Supreme Court established that a “public entity” must do more than merely provide access to the benefits that it offers. Instead, a “qualified individual with a disability” must be provided with meaningful access to the benefit that the public entity offers. Id., at 301. This entire well settled Title II Americans With Disabilities Act law governing meaningful access, that also applied to Florida’s Medicaid wait list services, was entirely LOST on Ms. Heystek – she did not appear to have the cognitive capacity to comprehend the extent or neurological nature of severe Autism language - communication barriers affected by appx. 500 genes differently expressed in the frontal and temporal lobes of her plaintiff clients with Autism including myself.
When I questioned Ms. Heystek further, she made the material representation to me that she had Florida Bar CLEs specific to Autism and the Americans With Disabilities Act sufficiently to make her competent to represent the plaintiff severe Autism class that included myself under Rules Regulating the Florida Bar 4-1.1. At that point, I KNEW there was a severe Autism developmental disability access problem. (I had previously obtained public records responses from the Florida Bar under Florida’s open-Government laws whereby Florida Bar records custodians previously ADMITTED The Florida Bar does NOT offer or provide the lawyers it licenses in Florida to undertake SPECIFIC Autism and Title II Americans With Disabilities Act education or training.)
As a result of the material representation made to me by Ms. Heystek contradicting The Florida Bar’s written public records response to me at the same time she could not seem to (or was unwilling to) understand Autism, I exercised my legal right to inquire of The Florida Bar records custodian for Ms. Heystek’s CLE (Continuing Legal Education) record qualifying her to undertake representation of a plaintiff class suing Florida’s developmental disability Medicaid wait list officials that included class members with severe non-verbal Autism who have systematically been denied ALL meaningful access to get themselves on the wait list such as myself.
In response to exercising my LEGAL RIGHT to obtain the specific Autism education and training of the Lawyer representing severely Autistic people including MYSELF who are not only not getting Florida Medicaid wait list services but being deliberately denied meaningful access for YEARS to be ON the wait list, Amanda Heystek’s supervisors at Florida Disability Rights Organization, through Maryellen Mcdonald, viciously retaliated against me in violation of 42 U.S.C. Sec. 12203(a) & (b), -- the Americans With Disabilities Act prohibition against retaliation, trying to intimidate and coerce me to drop me right to be in the plaintiff class to get meaningful access to Autism developmental disability services to which I am entitled, indicative they did not want to inform the Federal Judge assigned to the Dykes case that there are potentially THOUSANDS of VICTIMS with Autism developmental disabilities being deliberately denied all meaningful access to Florida’s Medicaid wait list services.
On a Neuro-tyical neurological level, this resistance by Ms. Heystak can be understood as not wanting to encounter the stigma and unpopularity of having to sue the state of Florida during its budget-cut frenzy for potentially millions or billions of dollars of unfunded Autism supports and services the Title II Americans With Disabilities Act unfunded federal mandate on the state of Florida REQUIRES it to fully and promptly fund. See 2 U.S.C. Sec. 1503(a) & (b). Nevertheless, it constitutes discrimination against the very disabled people she is purporting to represent !~!!! Every lawyer is taught in LAW SCHOOL that undertaking to enforce civil rights may be an unpopular cause - However, it is NOT an excuse or defense to Discriminate against the most vulnerable peopel with severe Autism !
(See recent Yale South Korean Autism study findings the Autism rate is 1 in 38 people in the population (http://ghi.yale.edu/study-shows-high-autism-rates-s-korea); and COMPARE to Florida’s 2011 population of 18,800,000 people (http://www.nbc-2.com/story/14271770/2011/03/17/florida-population-grows-to-18-million?redirected=true), vs. the woeful appx. 20,000 wait list person undercount alleged by Ms. Heystek in Dykes resulting from Title II Americans With Disabilities Act Autism disability language-communication meaningful access barriers and inability to fill forms --> by CALCULATION, given an 18,800,000 population with a 1 in 38 people Autism rate = 494,736 people SHOULD be on Florida's developmental disabilities Medicaid wait list in the class of plaintiffs alleged by Ms. Heystek in the Dykes case); See also Clarkson v. Coughlin, 4 A.D. Cases 1056 (S.D.N.Y. 1995) (public entities have an affirmative duty to implement a method of reception and classification for individuals with disabilities to ensure that no such individual will be deprive of timely and effective necessary reasonable accommodations). And see, Weixel v. Bd. Of Educ. Of New York City, 287 F.3d 138 (2d Cir. 2002) (prohibiting unlawful retaliation against people for seeking to exercise their ADA civil rights; Shotz v. City of Plantation, Fla., 344 F.3d 1161 (11th Cir. 2003) (same)).
The concept of discrimination under Title II is “more comprehensive” than the “traditionally recognized categories of intentional and disparate impact discrimination;” “…Title II imposes affirmative obligations on public entities and does not merely require than to refrain from intentionally discriminating against the disabled.” Ability Center, Toledo v. City of Sandusky, 385 F.3d 901, 910 (6th Cir. 2004). The regulations adopted pursuant to Congressional directive, 42 U.S.C. §12134, are plain and controlling, 28 C.F.R. §35.130(a), (b)(vii), (b)(3)(i), prohibiting The Florida Bar, Florida lawyers including Amanda Heystek, Disability Rights Organization, Florida Agency for Health Care Administration, Florida Agency for Persons with Disabilities, Florida administrative hearings and administrative law judges, and officials from “[o]therwise limit[ing] a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefits, or service.” The failure to provide reasonable accommodations … constitutes discrimination under the ADA. Pritchard v. Southern Company Services, No.95-6312 at n.5 (11th Cir. 1996).
Incredibly, Ms. Heystek and Disability Rights Florida Org. even appeared Ignorant of the fact that at least one administrative law judge who decided an Autism developmental disability Medicaid wait list case, Eleanor Hunter, admitted with all present on public record at a December 2006 Florida Supreme Court Public Hearings On Fairness & Diversity that they had NO Title II Americans With Disabilities Act or Autism training and had never even bothered to read Tennessee v. Lane, 541 U.S. 509 (2004). Significantly, Eleanor Hunter was former Executive Director of the Florida Bd. of Bar Examiners while she discriminated THERE in the Florida attorney licensing qualifications process against people with Autism including myself. So much for the lawyers purporting to represent the plaintiff class in Dykes diligently investigating the facts of their Autism Medicaid wait list case.
Finally, I got my husband, a Florida Bar member to intervene with Ms. Heystak and Disability Rights Florida Org., to explain that when they bullied me they were retaliating in violation of the Americans With Disabilities Act and had a duty to inform the Federal Judge in Dykes the REAL Autism developmental disability numbers both on and off (as a result of unlawful Title II Americans With DIsabilities Act exclusion) Florida’s Medicaid wait list who are not getting services; ultimately, they relented, told us I was part of the plaintiff class, and sent him an Autism-inaccessible application Questionnaire form to fill out containing a Question overtly in violation of Title II of the Americans With Disabilities Act designed to exclude the far more severely Autistic developmentally disabled people from being in the plaintiff class by requiring the person to state they were able to access the wait list process in order to receive ACCESS in the first place (an Autism Access non-sequitur). See Ellen S. v. Fla. Bd. of Bar Examiners, 859 F.Supp. 1489 (S.D.Fla. 1994) (discrimination under Title II of the ADA need not be intentional nor need there even be a showing of discriminatory intent, and even an application question can discriminate against a person with a disability in violation of Title II of the ADA).
Meanwhile, while we are trying to address those matters, this morning I received the following public records response to my inquiry for Amanda Heystek’s specific Autism education and training that qualified her as “competent” under Rules Regulating The Florida Bar 4-1.1 to undertake representation of the plaintiff class in the Dykes case that is required by Title II of the Americans With Disabilities Act to include even the most severely non-verbal people with Autism developmental disabilities.
It is both Shocking and Appalling that with the Epidemic numbers of Autism bullying events such as the child being voted out of Kindergarden, Autism service dogs being denied entrance to classes, and physical violence being perpetrated against people with Autism in Florida EVERY DAY, that The Florida Bar would NOT be making it a MANDATORY LICENSING REQUIREMENT TO ACHIEVE AND KEEP A LAWYER LICENSE for each and EVERY Florida lawyer to undertake specific Autism and Title II Americans With Disabilities Act Autism disability-specific education and training.
FLORIDA BAR’S RESPONSE (THAT GAVE RISE TO MY REPLY POSTED IN PART I)
Jenny Jolinski JJolinski@flabar.org, public records custodian for The Florida Bar wrote me in her e-mail of this morning, “My responses follow each request.
1.) All CLEs for Amanda Heystek, FBN 285020 in Autism, Autism genetics, Autism epigenetics, Brain Injury, Vaccine Injury, Title II ADA, ADA, Sec. 504, Language Interpreters, and
* * *
The Bar's continuing legal education (CLE) requirement began in 1988. Consequently, the Bar kept no comprehensive records of members' educational history prior to that date. Further, our records reflect only those courses that have been reported to The Florida Bar by the member or course sponsor. Records retention periods specified by this organization and consistent with official policy of the Supreme Court of Florida's Judicial Branch Records Retention Schedule for Administrative Records require that the Bar retain members’ continuing education records for 10 years, and course providers’ evaluation requests and accreditation documentation (which show course detail) for 2 years.
You specifically seek CLEs for Ms Heystek in "autism, autism genetics, autism epigenetics, brain injury, vaccine injury, Title II ADA, ADA, Sec. 504, Language Interpreters;" however, our member CLER records are maintained in a manner that may not fully reflect the content of each credited educational offering. Nor does the Bar separately allocate hours or label courses in specific "ADA," "brain injury," vaccine injury," or "autism" categories as we have indicated to you in other similar public record requests. Nonetheless, upon your further review of Ms Heystek's CLER status report, should you desire further specificity as to any course offerings within the above-noted time parameters (2 years for course evaluations and accreditation documentation), please let me know. However, the nature and volume of any such additional search may necessitate special service charges, as authorized by Fla.R.Jud.Admin. 2.420(e)(3) and consistent with §119.07, Fla.Stat.
The Bar considers the attached to be public information and, to my knowledge, it accurately reflects the current state of our records.”
Analysis of The Refusal Of Florida Bar To Properly Address The Autism Title II Americans With Disabilities Act Violations And Imposition Of Impermissible Costs To Hide Their Records Discrimination And Bullying By Florida’s Licensed Lawyers
With respect to the Florida laws cited to me (Fla.R.Jud.Admin. 2.420(e)(3) and consistent with §119.07, Fla.Stat.), The Florida Bar’s records custodian raised to me to obstruct my ability to get “non-discrimination” specific Autism education and training records for a lawyer purporting to represent one of the most vulnerable severe Autism developmental disability plaintiff class members including myself necessary for her to acquire Autism-specific competence to take on the Dykes plaintiff class representation, TFB’s records custodian knew or should have known that Title II of the Americans With Disabilities Act expressly prohibits any type of cost charges for such Autism disability education and training compliance records such as those I requested (see 28 C.F.R. Sec. 35.130(f)) and most especially when the Florida cost imposing laws CONFLICT with the anti-surcharge prohibitions of Title II of the Americans With Disabilities Act. See Barry v. Burdines, 675 So.2d 587 (Fla. 1996), cert. denied 519 U.S. 966 (1996) (Florida laws and rules in conflict with any of the rights, remedies, or procedures of the ADA are void and unenforceable subject to federal pre-emption pursuant to 42 U.S.C. Sec. 12201(b)); Shotz v. City of Plantation, Fla., 344 F.3d 1161 (11th Cir. 2003) (same).
See also, lineage of cases pre-empting ENTIRE administrative hearings / appeals processes in FLorida, “…[T]he exclusive remedy provision of the Florida Worker’s Compensation Act…is preempted by the ADA.” Mangin v. Westco Security Systems, Inc., 922 F.Supp. 563, 567 (M.D.Fla. 1996). See, also Harding v. Winn-Dixie Stores, Inc., 907 F.Supp. 386 (M.D.Fla. 1995).
It is beyond dispute, the ADA preempts conflicting State laws. For example, T.E.P. v. Leavitt, 840 F.Supp. 110, 111 (C.D.Utah 1993), invalidated that portion of the Utah marriage statute which prohibited marriage of persons with AIDS and enjoined further enforcement of the statute: “In that regard, the ADA provides that a public entity may not discriminate against a qualified individual with a disability. 42 U.S.C. §12132. Disability has been defined as a ‘physical or mental impairment that substantially limits one or more of the major life activities.’ 28 C.F.R. §35.104.” Autism is such a physical neurological impairment. See, also U.S. Department of Justice Title II Technical Assistance Manual, §§II-2.1000 & II-1.4200.
The most Revealing ADMISSION Against Interest of The Florida Bar, however, was this: “Nor does the Bar separately allocate hours or label courses in specific "ADA," "brain injury," vaccine injury," or "autism" categories as we have indicated to you in other similar public record requests.” AS COMPARED TO: the state of Connecticut recently criminally prosecuting licensed professions holding themselves out as able to handle or provide services to people with Autism without proof of specific Autism educational training. See http://www.wfsb.com/news/23862562/detail.html and http://www.cbsnews.com/8301-504083_162-20001644-504083.html.
In sum, The Florida Bar trade guild believes itself above the law and that the Oath every Florida attorney takes to “uphold federal law” – Title II of the Americans With Disabilities Act passed by Congress appx. 21 YEARS ago, means NOTHING.
In essence, The Florida Bar does NOT believe it should require the SAME Title II Americans With Disabilities Act specific Autism education and training U.S. Dept. of Justice and other states are requiring of EVERY OTHER entity and individual handling any matter involving a person with Autism despite CRISIS PROPORTIONS of Autism bullying, hate crimes, meaningful access exclusions, and unlawful discrimination and/or retaliation against people with Autism disabilities being expressly prohibited by Tennessee v. Lane's, 541 U.S. 509 (2004), application to State Court services in the Judicial Branch – including The Florida Bar and lawyers it licenses who are representing plaintiff classes in suing a state for Autism developmental disability services and funding.
Florida State judges, administrative hearing / appeal judges and lawyers taking on the representation of severe Autism plaintiff class members including myself, as well as agency officials such as, Florida Agency for Health Care Administration and Florida Agency for Persons With Disabilities, in their official capacity are public entities, e.g., Mincewicz v. Parker, 2001 WL 256162 (D.Conn. 2001); Becker v. Oregon, 170 F.Supp.2d 1061, 1066 (D.Ore. 2001); Badillo v. Thorpe, Case No. 6:03-cv-1830-Orl-22DAB, Order, Jun. 1, 2004 (M.D.Fla. 2004) (“Florida circuit judges are state officials”). Additionally, when a “disability rights” organization such as Disability Rights Florida Org. serves as a state instrumentality to assist in representing an Autism developmental disability class members including myself, it also may be construed as a Title II public entity. See e.g., Lundstedt v. City of Miami, 1995 U.S. Dist LEXIS 21884, at *47 (S.D. Fla. 1995) (holding that Retirement Trust and the Trust’s Board of Trustees was not excluded form the definition of “public entity” for purposes of Title II liability); Holmes v. City of Aurora, 1993 U.S. Dist LEXIS 17368, *5 (N.D. Ill. 1993) (holding that pension board was not excluded from the definition of “public entity” for purposes of Title II liability).
FLORIDA BAR’S RESPONSE (THAT GAVE RISE TO MY REPLY POSTED IN PART I) – Their Autism IGNORANCE Takes The Cake
Jenny Jolinski JJolinski@flabar.org, public records custodian for The Florida Bar additionally wrote me in her e-mail of this morning, “My responses follow each request.
* * *
“2.) all Florida Bar 28 C.F.R. Sec. 35.105 self-evaluation updates specific to Autism, Autism genetics, Autism epigenetics, Brain Injury, Vaccine Injury, Title II ADA, ADA, Sec. 504, Language Interpreters your General Counsel, Paul Hill, Esq. previously informed me Florida Bar members and The Florida Bar are "mindful" to.
The Florida Bar has no records that would be responsive to this request. However, as stated by our General Counsel, Paul F. Hill, the Bar is aware of, and will fully comply with, the Americans with Disability Act Amendments Act of 2008 (“ADAA”). As you may know, that law clarified the definition of “disability” provided by the original ADA, by explaining the analysis by which the existence of a protected impairment will be determined. The Florida Bar understands that, under law as amended, more persons will likely be able to obtain the protection of the ADA. But the ADAA did not alter the obligation of public entities to conduct the self-evaluation described by 28 C.F.R. §105.”
Analysis of The Florida Bar’s Autism and Title II Americans With Disabilities Act Duties Owing To People With Autism Disabilities IGNORANCE Is Proven By Its Inability For A Trade Guild Licensing Over 80,000 Lawyers To Even Cite The Title II ADA Regulation Correctly
The Americans With Disabilities Act was passed appx. 21 YEARS ago. People with severe Autism and related disabilities are among the MOST VULNERABLE and most severely disabled of ALL Americans With Disabilities. Is there ANY defensible excuse for the PATHETIC failure and REFUSAL of The Florida Bar to REQUIRE each and every one of the lawyers it licenses to undertake IMMEDIATE Autism and Title II Americans With Disabilities Act Autism disability-specific education and training ?
How many criminal, civil, family law, and administrative cases are going forth EVERY DAY in Florida with lawyers who have NO Autism-specific education or training, know NOTHING about the Title II Americans With Disabilities Act Autism disability language-communication duties owed to each and every person with Autism in Florida, and … DON’T CARE !~!!!
The pervasive Autism abuse, Autism bullying, and Autism hate crimes occurring in Epidemic levels in Florida are happening because The Florida Bar REFUSES to educate and train its lawyers specifically in Autism.
This is why we who have Autism continue to be routinely mis-treated, threatened, attacked, bullied, and our legal, civil, and human rights and dignity violated every single day in the state of Florida.
It is CLEAR we are considered as sub-human and not entitled to equal respect or Equal Protection under the Law
And that is why I have and will continue to share my personal Journey through life as a person with Autism and the many, many ways we are both msunderstood and mis-treated with the rest of the Autism community.
This is part II, concerning the e-mail public records response I received this morning from Jenny Jolinski JJolinski@flabar.org, public records custodian for The Florida Bar that serves under Federal Rules of Evidence as a declaration against interest (ADMISSION) by The Florida Bar that, despite the trade guild’s mission of “administration of Justice” and requirement that every Florida lawyer take an Oath to uphold the federal civil rights laws and United States Constitution Bill of Rights, The Florida Bar is NOT requiring specific Autism education and training and Title II Americans With Disabilities Act specific Autism disability training of the lawyers it licenses in Florida.
The Florida Bar record’s custodian was responding to a public records request I made concerning the specific Autism developmental disability education and training of Amanda Heystek, Esq., FBN 285020, who is the plaintiff class lawyer purporting to represent all developmentally disabled people in Florida including those of us with an Autism diagnosis who are entitled under Florida law to be receiving Medicaid and wait list services under the Olmstead mandate (Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581, 598 (1999)) -- Florida lawyer Amanda Heystek is representing the plaintiff class and Disability Rights Florida Org. in the Dykes v. Dudek, N.D. Fla. Case 4:11-cv-00116-SPM -WCS lawsuit in Tallahassee seeking a remedy for funding Florida’s Medicaid wait list.
When I initially approached Florida Bar-licensed lawyer Heystek, she gave me written e-mail admissions and admissions by act or conduct that she had NO recent specific Autism developmental disability education or training, and displayed COMPLETE IGNORANCE that people with severe non-verbal Autism frequently cannot use telephones or black & white paper print in small fonts, complex language, or forms.
Specifically, Heystek apparently had NO knowledge of the Eleventh Circuit U.S. Court of Appeals’ findings that the plaintiffs in Rendon v. Valleycrest Productions, Ltd., No. 01-11197 (11th Cir. 2002), were screened out by an automated telephone system, rather than by an admission policy administered at the studio door, was of no consequence under the statute; “eligibility criteria are frequently implemented off site-for example, through the mail or over the telephone. Indeed, Congress specifically noted in the ADA’s ‘findings of fact’ that ‘individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers,’ the very sorts of discrimination the statute seeks to redress. 42 U.S.C. § 12101(a)(5) (emphasis added),” Id. (citing Ferguson v. City of Phoenix, 157 F.3d 668 (9th Cir. 1998) (discriminatory 9-1-1 emergency response system)).
When I attempted to explain to Ms. Heystek that many severely Autistic people including myself use AAC computer Internet communication devices, PECS, iPads and similar alternative communication systems, she could not understand the alternative communications format concept, or that the way she framed the lawsuit purportedly representing me as a class member entitled to receive such Medicaid and wait list services under Florida law deliberately and intentionally violated Title II of the Americans With Disabilities Act by leaving out thousands of us – including myself, people with severe Autism being systematically denied meaningful access to Florida’s Medicaid wait list. She instead engaged in a Neuro-typical social-norming exclusion behavior and demonstrated a woeful lack of training to handle Autism behaviors with a severely Autistic person (myself) she was required by law to be HELPING not excluding.
Title II of the ADA requires public entities to: (1) “make reasonable modifications to rules, policies, or practices;” (2) “remov[e] … architectural, communication, or transportation barriers;” and (3) “provi[de] auxiliary aids and services” so as to enable disabled persons to participate in programs, services, or activities. See, 42 U.S.C. §12131(2). Consistent with these principles, in Alexander v. Choate, 469 U.S. 287 (1985), the Supreme Court established that a “public entity” must do more than merely provide access to the benefits that it offers. Instead, a “qualified individual with a disability” must be provided with meaningful access to the benefit that the public entity offers. Id., at 301. This entire well settled Title II Americans With Disabilities Act law governing meaningful access, that also applied to Florida’s Medicaid wait list services, was entirely LOST on Ms. Heystek – she did not appear to have the cognitive capacity to comprehend the extent or neurological nature of severe Autism language - communication barriers affected by appx. 500 genes differently expressed in the frontal and temporal lobes of her plaintiff clients with Autism including myself.
When I questioned Ms. Heystek further, she made the material representation to me that she had Florida Bar CLEs specific to Autism and the Americans With Disabilities Act sufficiently to make her competent to represent the plaintiff severe Autism class that included myself under Rules Regulating the Florida Bar 4-1.1. At that point, I KNEW there was a severe Autism developmental disability access problem. (I had previously obtained public records responses from the Florida Bar under Florida’s open-Government laws whereby Florida Bar records custodians previously ADMITTED The Florida Bar does NOT offer or provide the lawyers it licenses in Florida to undertake SPECIFIC Autism and Title II Americans With Disabilities Act education or training.)
As a result of the material representation made to me by Ms. Heystek contradicting The Florida Bar’s written public records response to me at the same time she could not seem to (or was unwilling to) understand Autism, I exercised my legal right to inquire of The Florida Bar records custodian for Ms. Heystek’s CLE (Continuing Legal Education) record qualifying her to undertake representation of a plaintiff class suing Florida’s developmental disability Medicaid wait list officials that included class members with severe non-verbal Autism who have systematically been denied ALL meaningful access to get themselves on the wait list such as myself.
In response to exercising my LEGAL RIGHT to obtain the specific Autism education and training of the Lawyer representing severely Autistic people including MYSELF who are not only not getting Florida Medicaid wait list services but being deliberately denied meaningful access for YEARS to be ON the wait list, Amanda Heystek’s supervisors at Florida Disability Rights Organization, through Maryellen Mcdonald, viciously retaliated against me in violation of 42 U.S.C. Sec. 12203(a) & (b), -- the Americans With Disabilities Act prohibition against retaliation, trying to intimidate and coerce me to drop me right to be in the plaintiff class to get meaningful access to Autism developmental disability services to which I am entitled, indicative they did not want to inform the Federal Judge assigned to the Dykes case that there are potentially THOUSANDS of VICTIMS with Autism developmental disabilities being deliberately denied all meaningful access to Florida’s Medicaid wait list services.
On a Neuro-tyical neurological level, this resistance by Ms. Heystak can be understood as not wanting to encounter the stigma and unpopularity of having to sue the state of Florida during its budget-cut frenzy for potentially millions or billions of dollars of unfunded Autism supports and services the Title II Americans With Disabilities Act unfunded federal mandate on the state of Florida REQUIRES it to fully and promptly fund. See 2 U.S.C. Sec. 1503(a) & (b). Nevertheless, it constitutes discrimination against the very disabled people she is purporting to represent !~!!! Every lawyer is taught in LAW SCHOOL that undertaking to enforce civil rights may be an unpopular cause - However, it is NOT an excuse or defense to Discriminate against the most vulnerable peopel with severe Autism !
(See recent Yale South Korean Autism study findings the Autism rate is 1 in 38 people in the population (http://ghi.yale.edu/study-shows-high-autism-rates-s-korea); and COMPARE to Florida’s 2011 population of 18,800,000 people (http://www.nbc-2.com/story/14271770/2011/03/17/florida-population-grows-to-18-million?redirected=true), vs. the woeful appx. 20,000 wait list person undercount alleged by Ms. Heystek in Dykes resulting from Title II Americans With Disabilities Act Autism disability language-communication meaningful access barriers and inability to fill forms --> by CALCULATION, given an 18,800,000 population with a 1 in 38 people Autism rate = 494,736 people SHOULD be on Florida's developmental disabilities Medicaid wait list in the class of plaintiffs alleged by Ms. Heystek in the Dykes case); See also Clarkson v. Coughlin, 4 A.D. Cases 1056 (S.D.N.Y. 1995) (public entities have an affirmative duty to implement a method of reception and classification for individuals with disabilities to ensure that no such individual will be deprive of timely and effective necessary reasonable accommodations). And see, Weixel v. Bd. Of Educ. Of New York City, 287 F.3d 138 (2d Cir. 2002) (prohibiting unlawful retaliation against people for seeking to exercise their ADA civil rights; Shotz v. City of Plantation, Fla., 344 F.3d 1161 (11th Cir. 2003) (same)).
The concept of discrimination under Title II is “more comprehensive” than the “traditionally recognized categories of intentional and disparate impact discrimination;” “…Title II imposes affirmative obligations on public entities and does not merely require than to refrain from intentionally discriminating against the disabled.” Ability Center, Toledo v. City of Sandusky, 385 F.3d 901, 910 (6th Cir. 2004). The regulations adopted pursuant to Congressional directive, 42 U.S.C. §12134, are plain and controlling, 28 C.F.R. §35.130(a), (b)(vii), (b)(3)(i), prohibiting The Florida Bar, Florida lawyers including Amanda Heystek, Disability Rights Organization, Florida Agency for Health Care Administration, Florida Agency for Persons with Disabilities, Florida administrative hearings and administrative law judges, and officials from “[o]therwise limit[ing] a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefits, or service.” The failure to provide reasonable accommodations … constitutes discrimination under the ADA. Pritchard v. Southern Company Services, No.95-6312 at n.5 (11th Cir. 1996).
Incredibly, Ms. Heystek and Disability Rights Florida Org. even appeared Ignorant of the fact that at least one administrative law judge who decided an Autism developmental disability Medicaid wait list case, Eleanor Hunter, admitted with all present on public record at a December 2006 Florida Supreme Court Public Hearings On Fairness & Diversity that they had NO Title II Americans With Disabilities Act or Autism training and had never even bothered to read Tennessee v. Lane, 541 U.S. 509 (2004). Significantly, Eleanor Hunter was former Executive Director of the Florida Bd. of Bar Examiners while she discriminated THERE in the Florida attorney licensing qualifications process against people with Autism including myself. So much for the lawyers purporting to represent the plaintiff class in Dykes diligently investigating the facts of their Autism Medicaid wait list case.
Finally, I got my husband, a Florida Bar member to intervene with Ms. Heystak and Disability Rights Florida Org., to explain that when they bullied me they were retaliating in violation of the Americans With Disabilities Act and had a duty to inform the Federal Judge in Dykes the REAL Autism developmental disability numbers both on and off (as a result of unlawful Title II Americans With DIsabilities Act exclusion) Florida’s Medicaid wait list who are not getting services; ultimately, they relented, told us I was part of the plaintiff class, and sent him an Autism-inaccessible application Questionnaire form to fill out containing a Question overtly in violation of Title II of the Americans With Disabilities Act designed to exclude the far more severely Autistic developmentally disabled people from being in the plaintiff class by requiring the person to state they were able to access the wait list process in order to receive ACCESS in the first place (an Autism Access non-sequitur). See Ellen S. v. Fla. Bd. of Bar Examiners, 859 F.Supp. 1489 (S.D.Fla. 1994) (discrimination under Title II of the ADA need not be intentional nor need there even be a showing of discriminatory intent, and even an application question can discriminate against a person with a disability in violation of Title II of the ADA).
Meanwhile, while we are trying to address those matters, this morning I received the following public records response to my inquiry for Amanda Heystek’s specific Autism education and training that qualified her as “competent” under Rules Regulating The Florida Bar 4-1.1 to undertake representation of the plaintiff class in the Dykes case that is required by Title II of the Americans With Disabilities Act to include even the most severely non-verbal people with Autism developmental disabilities.
It is both Shocking and Appalling that with the Epidemic numbers of Autism bullying events such as the child being voted out of Kindergarden, Autism service dogs being denied entrance to classes, and physical violence being perpetrated against people with Autism in Florida EVERY DAY, that The Florida Bar would NOT be making it a MANDATORY LICENSING REQUIREMENT TO ACHIEVE AND KEEP A LAWYER LICENSE for each and EVERY Florida lawyer to undertake specific Autism and Title II Americans With Disabilities Act Autism disability-specific education and training.
FLORIDA BAR’S RESPONSE (THAT GAVE RISE TO MY REPLY POSTED IN PART I)
Jenny Jolinski JJolinski@flabar.org, public records custodian for The Florida Bar wrote me in her e-mail of this morning, “My responses follow each request.
1.) All CLEs for Amanda Heystek, FBN 285020 in Autism, Autism genetics, Autism epigenetics, Brain Injury, Vaccine Injury, Title II ADA, ADA, Sec. 504, Language Interpreters, and
* * *
The Bar's continuing legal education (CLE) requirement began in 1988. Consequently, the Bar kept no comprehensive records of members' educational history prior to that date. Further, our records reflect only those courses that have been reported to The Florida Bar by the member or course sponsor. Records retention periods specified by this organization and consistent with official policy of the Supreme Court of Florida's Judicial Branch Records Retention Schedule for Administrative Records require that the Bar retain members’ continuing education records for 10 years, and course providers’ evaluation requests and accreditation documentation (which show course detail) for 2 years.
You specifically seek CLEs for Ms Heystek in "autism, autism genetics, autism epigenetics, brain injury, vaccine injury, Title II ADA, ADA, Sec. 504, Language Interpreters;" however, our member CLER records are maintained in a manner that may not fully reflect the content of each credited educational offering. Nor does the Bar separately allocate hours or label courses in specific "ADA," "brain injury," vaccine injury," or "autism" categories as we have indicated to you in other similar public record requests. Nonetheless, upon your further review of Ms Heystek's CLER status report, should you desire further specificity as to any course offerings within the above-noted time parameters (2 years for course evaluations and accreditation documentation), please let me know. However, the nature and volume of any such additional search may necessitate special service charges, as authorized by Fla.R.Jud.Admin. 2.420(e)(3) and consistent with §119.07, Fla.Stat.
The Bar considers the attached to be public information and, to my knowledge, it accurately reflects the current state of our records.”
Analysis of The Refusal Of Florida Bar To Properly Address The Autism Title II Americans With Disabilities Act Violations And Imposition Of Impermissible Costs To Hide Their Records Discrimination And Bullying By Florida’s Licensed Lawyers
With respect to the Florida laws cited to me (Fla.R.Jud.Admin. 2.420(e)(3) and consistent with §119.07, Fla.Stat.), The Florida Bar’s records custodian raised to me to obstruct my ability to get “non-discrimination” specific Autism education and training records for a lawyer purporting to represent one of the most vulnerable severe Autism developmental disability plaintiff class members including myself necessary for her to acquire Autism-specific competence to take on the Dykes plaintiff class representation, TFB’s records custodian knew or should have known that Title II of the Americans With Disabilities Act expressly prohibits any type of cost charges for such Autism disability education and training compliance records such as those I requested (see 28 C.F.R. Sec. 35.130(f)) and most especially when the Florida cost imposing laws CONFLICT with the anti-surcharge prohibitions of Title II of the Americans With Disabilities Act. See Barry v. Burdines, 675 So.2d 587 (Fla. 1996), cert. denied 519 U.S. 966 (1996) (Florida laws and rules in conflict with any of the rights, remedies, or procedures of the ADA are void and unenforceable subject to federal pre-emption pursuant to 42 U.S.C. Sec. 12201(b)); Shotz v. City of Plantation, Fla., 344 F.3d 1161 (11th Cir. 2003) (same).
See also, lineage of cases pre-empting ENTIRE administrative hearings / appeals processes in FLorida, “…[T]he exclusive remedy provision of the Florida Worker’s Compensation Act…is preempted by the ADA.” Mangin v. Westco Security Systems, Inc., 922 F.Supp. 563, 567 (M.D.Fla. 1996). See, also Harding v. Winn-Dixie Stores, Inc., 907 F.Supp. 386 (M.D.Fla. 1995).
It is beyond dispute, the ADA preempts conflicting State laws. For example, T.E.P. v. Leavitt, 840 F.Supp. 110, 111 (C.D.Utah 1993), invalidated that portion of the Utah marriage statute which prohibited marriage of persons with AIDS and enjoined further enforcement of the statute: “In that regard, the ADA provides that a public entity may not discriminate against a qualified individual with a disability. 42 U.S.C. §12132. Disability has been defined as a ‘physical or mental impairment that substantially limits one or more of the major life activities.’ 28 C.F.R. §35.104.” Autism is such a physical neurological impairment. See, also U.S. Department of Justice Title II Technical Assistance Manual, §§II-2.1000 & II-1.4200.
The most Revealing ADMISSION Against Interest of The Florida Bar, however, was this: “Nor does the Bar separately allocate hours or label courses in specific "ADA," "brain injury," vaccine injury," or "autism" categories as we have indicated to you in other similar public record requests.” AS COMPARED TO: the state of Connecticut recently criminally prosecuting licensed professions holding themselves out as able to handle or provide services to people with Autism without proof of specific Autism educational training. See http://www.wfsb.com/news/23862562/detail.html and http://www.cbsnews.com/8301-504083_162-20001644-504083.html.
In sum, The Florida Bar trade guild believes itself above the law and that the Oath every Florida attorney takes to “uphold federal law” – Title II of the Americans With Disabilities Act passed by Congress appx. 21 YEARS ago, means NOTHING.
In essence, The Florida Bar does NOT believe it should require the SAME Title II Americans With Disabilities Act specific Autism education and training U.S. Dept. of Justice and other states are requiring of EVERY OTHER entity and individual handling any matter involving a person with Autism despite CRISIS PROPORTIONS of Autism bullying, hate crimes, meaningful access exclusions, and unlawful discrimination and/or retaliation against people with Autism disabilities being expressly prohibited by Tennessee v. Lane's, 541 U.S. 509 (2004), application to State Court services in the Judicial Branch – including The Florida Bar and lawyers it licenses who are representing plaintiff classes in suing a state for Autism developmental disability services and funding.
Florida State judges, administrative hearing / appeal judges and lawyers taking on the representation of severe Autism plaintiff class members including myself, as well as agency officials such as, Florida Agency for Health Care Administration and Florida Agency for Persons With Disabilities, in their official capacity are public entities, e.g., Mincewicz v. Parker, 2001 WL 256162 (D.Conn. 2001); Becker v. Oregon, 170 F.Supp.2d 1061, 1066 (D.Ore. 2001); Badillo v. Thorpe, Case No. 6:03-cv-1830-Orl-22DAB, Order, Jun. 1, 2004 (M.D.Fla. 2004) (“Florida circuit judges are state officials”). Additionally, when a “disability rights” organization such as Disability Rights Florida Org. serves as a state instrumentality to assist in representing an Autism developmental disability class members including myself, it also may be construed as a Title II public entity. See e.g., Lundstedt v. City of Miami, 1995 U.S. Dist LEXIS 21884, at *47 (S.D. Fla. 1995) (holding that Retirement Trust and the Trust’s Board of Trustees was not excluded form the definition of “public entity” for purposes of Title II liability); Holmes v. City of Aurora, 1993 U.S. Dist LEXIS 17368, *5 (N.D. Ill. 1993) (holding that pension board was not excluded from the definition of “public entity” for purposes of Title II liability).
FLORIDA BAR’S RESPONSE (THAT GAVE RISE TO MY REPLY POSTED IN PART I) – Their Autism IGNORANCE Takes The Cake
Jenny Jolinski JJolinski@flabar.org, public records custodian for The Florida Bar additionally wrote me in her e-mail of this morning, “My responses follow each request.
* * *
“2.) all Florida Bar 28 C.F.R. Sec. 35.105 self-evaluation updates specific to Autism, Autism genetics, Autism epigenetics, Brain Injury, Vaccine Injury, Title II ADA, ADA, Sec. 504, Language Interpreters your General Counsel, Paul Hill, Esq. previously informed me Florida Bar members and The Florida Bar are "mindful" to.
The Florida Bar has no records that would be responsive to this request. However, as stated by our General Counsel, Paul F. Hill, the Bar is aware of, and will fully comply with, the Americans with Disability Act Amendments Act of 2008 (“ADAA”). As you may know, that law clarified the definition of “disability” provided by the original ADA, by explaining the analysis by which the existence of a protected impairment will be determined. The Florida Bar understands that, under law as amended, more persons will likely be able to obtain the protection of the ADA. But the ADAA did not alter the obligation of public entities to conduct the self-evaluation described by 28 C.F.R. §105.”
Analysis of The Florida Bar’s Autism and Title II Americans With Disabilities Act Duties Owing To People With Autism Disabilities IGNORANCE Is Proven By Its Inability For A Trade Guild Licensing Over 80,000 Lawyers To Even Cite The Title II ADA Regulation Correctly
The Americans With Disabilities Act was passed appx. 21 YEARS ago. People with severe Autism and related disabilities are among the MOST VULNERABLE and most severely disabled of ALL Americans With Disabilities. Is there ANY defensible excuse for the PATHETIC failure and REFUSAL of The Florida Bar to REQUIRE each and every one of the lawyers it licenses to undertake IMMEDIATE Autism and Title II Americans With Disabilities Act Autism disability-specific education and training ?
How many criminal, civil, family law, and administrative cases are going forth EVERY DAY in Florida with lawyers who have NO Autism-specific education or training, know NOTHING about the Title II Americans With Disabilities Act Autism disability language-communication duties owed to each and every person with Autism in Florida, and … DON’T CARE !~!!!
The pervasive Autism abuse, Autism bullying, and Autism hate crimes occurring in Epidemic levels in Florida are happening because The Florida Bar REFUSES to educate and train its lawyers specifically in Autism.
This is why we who have Autism continue to be routinely mis-treated, threatened, attacked, bullied, and our legal, civil, and human rights and dignity violated every single day in the state of Florida.
It is CLEAR we are considered as sub-human and not entitled to equal respect or Equal Protection under the Law
And that is why I have and will continue to share my personal Journey through life as a person with Autism and the many, many ways we are both msunderstood and mis-treated with the rest of the Autism community.
My Response as an Adult With Autism To Florida Bar's Autism Discrimination Against Me & Refusal To Require Specific Autism Training For Its Lawyers
I am going to publicly post a three-part post, this being part I, detailing and describing how specific Autism discrimination fueled by the Ignorance and prejudice of The Florida Bar and Florida's State Court system are inflicting vast genetic, physical, neurological, and bullying injuries on children, adults, and families with Autism living in or visiting the state of Florida.
In this post, as a result of my Autism AAC computer Internet communication device continuing to be hacked, my Security Key hacked, and my posts obliterated as I am trying to post them to prevent me from posting about the Autism civil and humans rights abuses going on in Florida, I am first (in order of sequence) posting my reply to The Florida Bar of this morning, and in Part II I will post The Florida Bar's response (pathetic excuses) as to why it does not need to be open-Government about its deliberate and intentional refusal to require ALL lawyers its licenses to undertake specific certified Autism education and training that gave rise to my reply.
Here is my reply to "Jenny Jolinski", public records custodian of The Florida Bar relating to my inquiry for the specific Autism training the lawyers in the Dykes case suing the state of FLorida over its Medicaid developmental disbaility wait list have undertaken to be competent pursuant to Rules regulating The Florida Bar 4-1.1 to serve the Autism plaintiff class in that lawsuit of which I am entitled to be a member (my reply was written in pastel lavendar, further typos corrected here):
MY REPLY
"Corrected typos of e-mail reply I just sent you, because I cannot read black & white print due to my Autism, temporal lobe epilepsy, synesthesia, and North Carolina Macular Dystrophy type vision disabilities -- and your correspondence with me in black & white colors violated my Title II ADA civil rights meaningful access formats for effective communication.
Correction:
Thank you for your response.
However, given that Autism is now being ascertained under the latest genome scientific research as involving Ashkenazi Jewish descent [e.g. Somali Autism cluster studies], rate of 1 in 38 people, appx. 500 gene expression differences in the frontal and temporal lobes including language areas of the brain, involves the MECP2 and Reelin genes changing neuronal migration in the brain, 27 sex-linked genes, and inability to understand 93 % of the social-Neurotypical English used by FBBE, Florida Bar, Bar members, and the Florida court system, the many people I have spoken to in the Autism community feel as I do that Title II of the ADA requires TFB to have the self-evaluation SPECIFICALLY tailored to Autism, have it NOW, and not give phony and overtly discriminatory excuses for failing to have it 21 years after the ADA became the law.
Most recently, I have seen much Autism bullying and incitement to physical violence against us in St. Petersburg, Florida, on St. Petersburg Times threads where Florida Bar members lacking the Title II ADA knowledge are outright attacking the civil rights of disabled Americans, and I have been personally Autism bullied and physically threatened with violence in courthouses, courtrooms, and elswhere by Florida Bar members you license and Laura Rush, Esq.'s supervision of Elisabeth Goodner - additionally, I now have proof Florida lawyers overseeing Alex Sink's workman's comp division deliberately suborned perjury to steal money I would have received for injuries and funneled it to the Tah Mahal Tallahassee Courthouse.
I have had one Florida Bar member advance at me in a federal courthouse to try to hit me in a courtroom, another Florida Bar member physically run at me and chase me onto an elevator to prevent me from attending a hearing in a federal courthouse, and physical threats made against me by one or more other Florida Bar members all of whom TFB's lawyer regulation REFUSES to take or meaningfully investigate Bar grievances from me because TFB REFUSES to allow AAC Autism computer Internet communication and will not accept a Grievance from an Autism person. This is TFB-facilitated, encouraged, and ratified VIOLENCE against me on account of my Autism, is a Florida Statutes, Sec. 415.1111 vulnerable adult disabled abuse (and corresponding FS 800-series felony), and a federal Autism racial - gender - disability hate crime.
I was personally subjected to Autism bullying by former Florida Bar President Frank Angones when he attacked my Autism in a Florida Bar "Outreach Committee" meeting at Florida Bar Annual Convention just hours before he was sworn in by attacking my Autism inability to hold eye-gaze [Angones specifically berated me for inability to hold eye-gaze].
I have tried to get legal representation from hundreds of Florida Bar members, but they ALL refuse to represent me because they say they lack specific Autism Title II ADA training, and in the case of John Morgan when I tried to get access to retain his law firm Morgan & Morgan for a medical malpractice lawsuit against University of South Florida, he falsely advertised that his firm would use Internet to communicate with disabled people with Autism, and then he personally turned around and refused to use it knowing I have a MEDICAL PRESCRIPTION that Internet is the only way I can communicate independently and without assistance.
During 2008, right after I suffered an auto accident brain injury I recently learned that the reason TFB's own lawyer Thomas M. Gonzalez, Esq., Michael Soifer, Esq., and Hon. Stanton Kaplan denied my Title II ADA Autism effective communication accommodations WITHOUT EVEN TAKING THE MEDICAL EVIDENCE OF MY DISABILITY was to try to force me to enter a toxic mold infested courthouse in the Seventeenth Judicial Circuit knowing at least one Circuit Judge there DIED of the toxic mold poisoning, which can inflict physical epigenetic damages on the underlying DNA of people and their offspring.
Several months ago, TFB sent an investigator to stalk me onto my property in Alachua County, walked right into my home without any notice, and without ANY Autism specific training that this would be an attack on my Autism repetative routines and sameness needs. He also did not come qualified or competent to use an AAC Autism communication computer. When I requested Autism-specific language AAC Internet computer communication methods under Title II of the ADA, TFB lawyer regulation REFUSED to take my Bar grievance complaint (42 U.S.C. Sec. 12203 retaliation for making an Autism accommodations request).
Now you MIS-QUOTE the relevant ADA regulation demonstrating you have NO Title II ADA training and appear to lack competence as a lawyer because of it by mis-citing 28 U.S.C. Sec. 35.105 as " 28 C.F.R. §105" and REFUSE to provide me ANY Title II ADA Autism specific self-evaluation done by TFB more recent than the 2003 one Paul Hill sent me admitting it was not in compliance.
I am not amused, I have reserved my legal right under the England case to return to federal court to sue TFB again over its blatant lack of Autism specific Title II ADA training, and this time should I do so, I will most certainly proceed against Paul Hill in both his individual and official capacities - notably, Eleventh Circuit Judge Charles Wilson wrote in 2005 that I could pursue individual capacity damages under Tennessee v. Lane, US 2004 against Hon. Chris Altenbernd of the Second DCA, so I am certain they would also be allowable against ANY Florida Bar member policy maker official of TFB.
It is my personal opinion and cause for a request for injunctive relief to ask a federal court to take Brown v. Bd. of Educ. type supervision over TFB to end its Autism Apartheid illegal Autism segregation and Autism bullying policies. I have been tipped off on my FB page and Twitter that TFB is involved in the cyberbullying and threats being made against me since 2003 on account of my Autism.
I will have a follow-up public records request, a Florida government tort claim against TFB, and you are well aware the Florida law you have cited me is specifically pre-empted as to my paying any cost for those records by 42 U.S.C. Sec. 12201(b), 28 C.F.R. Sec. 35.130(f), and Barry v. Burdines, Fla. 1996 (Florida law in conflict with the ADA is subject to federal preemption). As a result, I am requesting the specific Autism and Title II ADA related information I previously requested that you have refused to provide me for each and every Bar member and individual CLE, I do not have any obligation to pay for those records pursuant to 28 C.F.R. Sec. 35.130(f), and I am prepared to take this to court, if necessary to get those records.
I am also going to start posting on my blog about the Autism abuse, Autism bullying, and lack of Autism specific Title II ADA training pervading The Florida Bar to inform the entire Autism community across the United States and elsewhere around the World. Title II of the ADA, Rules Regulating The Florida Bar 4-1.1, and the 14th Amendment due process clauses ALL entitle me to have specifically-AUTISM trained individuals handling all matters involving me at all times concerning TFB, Bar members it licenses, and access to Florida's Court system. Not ONE Florida Courthouse or even your Tampa TFB lawyer regulation office is Autism sensory and accoustic accessible - they trigger temporal lobe epilepsy seizures in violation of Title II of the ADA.
In essence, your response equates to Autism people having NO access to any TFB service or Florida Court because we are regarded as sub-human and inferior people who are not deserving or respected to have the same equal rights as everyone else.
That is unacceptable everywhere in the Autism community.
Respectfully,
Mary Katherine Day-Petrano
cc. David F. Petrano, Esq."
In this post, as a result of my Autism AAC computer Internet communication device continuing to be hacked, my Security Key hacked, and my posts obliterated as I am trying to post them to prevent me from posting about the Autism civil and humans rights abuses going on in Florida, I am first (in order of sequence) posting my reply to The Florida Bar of this morning, and in Part II I will post The Florida Bar's response (pathetic excuses) as to why it does not need to be open-Government about its deliberate and intentional refusal to require ALL lawyers its licenses to undertake specific certified Autism education and training that gave rise to my reply.
Here is my reply to "Jenny Jolinski"
MY REPLY
"Corrected typos of e-mail reply I just sent you, because I cannot read black & white print due to my Autism, temporal lobe epilepsy, synesthesia, and North Carolina Macular Dystrophy type vision disabilities -- and your correspondence with me in black & white colors violated my Title II ADA civil rights meaningful access formats for effective communication.
Correction:
Thank you for your response.
However, given that Autism is now being ascertained under the latest genome scientific research as involving Ashkenazi Jewish descent [e.g. Somali Autism cluster studies], rate of 1 in 38 people, appx. 500 gene expression differences in the frontal and temporal lobes including language areas of the brain, involves the MECP2 and Reelin genes changing neuronal migration in the brain, 27 sex-linked genes, and inability to understand 93 % of the social-Neurotypical English used by FBBE, Florida Bar, Bar members, and the Florida court system, the many people I have spoken to in the Autism community feel as I do that Title II of the ADA requires TFB to have the self-evaluation SPECIFICALLY tailored to Autism, have it NOW, and not give phony and overtly discriminatory excuses for failing to have it 21 years after the ADA became the law.
Most recently, I have seen much Autism bullying and incitement to physical violence against us in St. Petersburg, Florida, on St. Petersburg Times threads where Florida Bar members lacking the Title II ADA knowledge are outright attacking the civil rights of disabled Americans, and I have been personally Autism bullied and physically threatened with violence in courthouses, courtrooms, and elswhere by Florida Bar members you license and Laura Rush, Esq.'s supervision of Elisabeth Goodner - additionally, I now have proof Florida lawyers overseeing Alex Sink's workman's comp division deliberately suborned perjury to steal money I would have received for injuries and funneled it to the Tah Mahal Tallahassee Courthouse.
I have had one Florida Bar member advance at me in a federal courthouse to try to hit me in a courtroom, another Florida Bar member physically run at me and chase me onto an elevator to prevent me from attending a hearing in a federal courthouse, and physical threats made against me by one or more other Florida Bar members all of whom TFB's lawyer regulation REFUSES to take or meaningfully investigate Bar grievances from me because TFB REFUSES to allow AAC Autism computer Internet communication and will not accept a Grievance from an Autism person. This is TFB-facilitated, encouraged, and ratified VIOLENCE against me on account of my Autism, is a Florida Statutes, Sec. 415.1111 vulnerable adult disabled abuse (and corresponding FS 800-series felony), and a federal Autism racial - gender - disability hate crime.
I was personally subjected to Autism bullying by former Florida Bar President Frank Angones when he attacked my Autism in a Florida Bar "Outreach Committee" meeting at Florida Bar Annual Convention just hours before he was sworn in by attacking my Autism inability to hold eye-gaze [Angones specifically berated me for inability to hold eye-gaze].
I have tried to get legal representation from hundreds of Florida Bar members, but they ALL refuse to represent me because they say they lack specific Autism Title II ADA training, and in the case of John Morgan when I tried to get access to retain his law firm Morgan & Morgan for a medical malpractice lawsuit against University of South Florida, he falsely advertised that his firm would use Internet to communicate with disabled people with Autism, and then he personally turned around and refused to use it knowing I have a MEDICAL PRESCRIPTION that Internet is the only way I can communicate independently and without assistance.
During 2008, right after I suffered an auto accident brain injury I recently learned that the reason TFB's own lawyer Thomas M. Gonzalez, Esq., Michael Soifer, Esq., and Hon. Stanton Kaplan denied my Title II ADA Autism effective communication accommodations WITHOUT EVEN TAKING THE MEDICAL EVIDENCE OF MY DISABILITY was to try to force me to enter a toxic mold infested courthouse in the Seventeenth Judicial Circuit knowing at least one Circuit Judge there DIED of the toxic mold poisoning, which can inflict physical epigenetic damages on the underlying DNA of people and their offspring.
Several months ago, TFB sent an investigator to stalk me onto my property in Alachua County, walked right into my home without any notice, and without ANY Autism specific training that this would be an attack on my Autism repetative routines and sameness needs. He also did not come qualified or competent to use an AAC Autism communication computer. When I requested Autism-specific language AAC Internet computer communication methods under Title II of the ADA, TFB lawyer regulation REFUSED to take my Bar grievance complaint (42 U.S.C. Sec. 12203 retaliation for making an Autism accommodations request).
Now you MIS-QUOTE the relevant ADA regulation demonstrating you have NO Title II ADA training and appear to lack competence as a lawyer because of it by mis-citing 28 U.S.C. Sec. 35.105 as " 28 C.F.R. §105" and REFUSE to provide me ANY Title II ADA Autism specific self-evaluation done by TFB more recent than the 2003 one Paul Hill sent me admitting it was not in compliance.
I am not amused, I have reserved my legal right under the England case to return to federal court to sue TFB again over its blatant lack of Autism specific Title II ADA training, and this time should I do so, I will most certainly proceed against Paul Hill in both his individual and official capacities - notably, Eleventh Circuit Judge Charles Wilson wrote in 2005 that I could pursue individual capacity damages under Tennessee v. Lane, US 2004 against Hon. Chris Altenbernd of the Second DCA, so I am certain they would also be allowable against ANY Florida Bar member policy maker official of TFB.
It is my personal opinion and cause for a request for injunctive relief to ask a federal court to take Brown v. Bd. of Educ. type supervision over TFB to end its Autism Apartheid illegal Autism segregation and Autism bullying policies. I have been tipped off on my FB page and Twitter that TFB is involved in the cyberbullying and threats being made against me since 2003 on account of my Autism.
I will have a follow-up public records request, a Florida government tort claim against TFB, and you are well aware the Florida law you have cited me is specifically pre-empted as to my paying any cost for those records by 42 U.S.C. Sec. 12201(b), 28 C.F.R. Sec. 35.130(f), and Barry v. Burdines, Fla. 1996 (Florida law in conflict with the ADA is subject to federal preemption). As a result, I am requesting the specific Autism and Title II ADA related information I previously requested that you have refused to provide me for each and every Bar member and individual CLE, I do not have any obligation to pay for those records pursuant to 28 C.F.R. Sec. 35.130(f), and I am prepared to take this to court, if necessary to get those records.
I am also going to start posting on my blog about the Autism abuse, Autism bullying, and lack of Autism specific Title II ADA training pervading The Florida Bar to inform the entire Autism community across the United States and elsewhere around the World. Title II of the ADA, Rules Regulating The Florida Bar 4-1.1, and the 14th Amendment due process clauses ALL entitle me to have specifically-AUTISM trained individuals handling all matters involving me at all times concerning TFB, Bar members it licenses, and access to Florida's Court system. Not ONE Florida Courthouse or even your Tampa TFB lawyer regulation office is Autism sensory and accoustic accessible - they trigger temporal lobe epilepsy seizures in violation of Title II of the ADA.
In essence, your response equates to Autism people having NO access to any TFB service or Florida Court because we are regarded as sub-human and inferior people who are not deserving or respected to have the same equal rights as everyone else.
That is unacceptable everywhere in the Autism community.
Respectfully,
Mary Katherine Day-Petrano
cc. David F. Petrano, Esq."
Follow-up on e-Bay: e-Bay's Theft of Money From my Autism Bank Account Has Been Returned By e-Bay Due To My Bank's Intervention
I told my readers I would keep everyone up-to-date on following up earlier posts.
Regarding the e-Bay and my bank matters, I am happy to report that I made a theft complaint with my bank against e-Bay for stealing appx. $152 from my bank account after I e-mailed them in writing they had NO authorization to take any funds from my account because discriminated against my Autism and related disabilities in violation of Title III of the Americans With Disabilities Act.
As a result of my theft complaint against e-Bay, my bank, Region's Bank in Florida, was able to obtain the return from e-Bay of the appx. $152 funds stolen from my bank account by e-Bay.
At this juncture, however, e-Bay has done NOTHING to remove the "negative feedback" associated with this theft, and neither e-Bay nor PayPal, Inc. have done one single thing to ensure that myself and/or other people with severe non-verbal Autism have meaningful access to use e-Bay and PayPal. Inc's services.
Regarding the e-Bay and my bank matters, I am happy to report that I made a theft complaint with my bank against e-Bay for stealing appx. $152 from my bank account after I e-mailed them in writing they had NO authorization to take any funds from my account because discriminated against my Autism and related disabilities in violation of Title III of the Americans With Disabilities Act.
As a result of my theft complaint against e-Bay, my bank, Region's Bank in Florida, was able to obtain the return from e-Bay of the appx. $152 funds stolen from my bank account by e-Bay.
At this juncture, however, e-Bay has done NOTHING to remove the "negative feedback" associated with this theft, and neither e-Bay nor PayPal, Inc. have done one single thing to ensure that myself and/or other people with severe non-verbal Autism have meaningful access to use e-Bay and PayPal. Inc's services.
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