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.

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."

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.

How Adults With Autism Are Viciously Bullied By ( Nationwide ) Insurance Companies In Florida -- Navigating The Neuro-typical World

As I previously explained to my readers, I suffered a severe brain injury in a January 2008 auto accident when my seat restraint broke on impact when the car my husband was driving was rear-ended at a railroad crossing.

The brain injury was cascading at the time my Autism - brain injury neurologist, Michael W. Hoffmann, M.D., was forced to abandon my medical care by the University of South Florida as a result of Nationwide Mutual Fire Insurance Company's bad faith in refusing to pay my medical bills / benefits under our uninsured / underinsured motorist policy, thereby subjecting me to an ongoing cascading severe brain injury without timely medical care or treatment.

Nationwide's refusal to provide effective communications accommodations to my severe underlying Autism and severe brain injury aphasias has allowed substantial Autism bullying of myself and family members to continue unabated for over three years. This is what happens to adults with Autism with markedly limited verbal abilities -- it isn't all a cakewalk like some of the higher functioning Free-range Aspergians want the Media and Autism community to believe.

I am posting the letter I have just sent to Nationwide's Florida registered agent to obtain their claims representative's Florida Insurance License number, because it's bad enough I have been Autism bullied for three years, but worse, my search on Florida Dept. of Financial Services and Florida Dept. of Business & Professional Regulation turned up NO license under the claims representative's name as required by Florida Statutes, chapter 626 -- in other words, I have the legal right to find out if I was Autism bulllied by an unlicensed claims representative. I anticipate posting further updates as I learn why this has happened to me.

The impetus for my present letter and demand for the claims representative's Florida Insurance License number was being handed a print letter this morning which my husband graciously converted to accessible formats, whereupon I learned the claims representative sent the letter to my mother-in-law and called my mother-in-law (my husband's MOTHER) his wife, and attempted a low-ball settlement with HER not ME, when I am the injured person and she was not even involved in the accident, and I am his wife and she is his MOTHER.

I have promised others in the Autism community to share my journey through life as an adult with Autism, and especially, significantly some of the Autism bullying, un-navigable Neurotypical social structures, and way in which adults with Autism are denied equal opportunity, benefits to which we are entitled, and mis-treated throughout almost EVERY aspect of our lives. This is just yet another of the typical ways in which adults with Autism continue to be abused by the Neurotypical social structure.

This is my letter I placed to send today (graciously converted to paper print format by my husband, typos in the original corrected):


Mary Katherine Day-Petrano
11502 SE US Hwy 301
Hawthorne, FL 32640
e-mail: ponyhunterjumper@yahoo.com
____________________________________
SENT VIA US CERTIFIED RETURN RECEIPT MAIL TO NATIONWIDE REGISTERED AGENT AND CHARLES LAW, BY E-MAIL TO CHARLES LAW

May 9, 2011
Nationwide Mutual Fire Insurance Company CHIEF FINANCIAL OFFICER, Registered Agent
P O BOX 6200 (32314-6200)
200 E. GAINES ST
TALLAHASSEE FL 32399-0000 US

Charles Law
Claims Dept.
Nationwide Mutual Fire Insurance Company
e-mail: LAWE2@nationwide.com

Re: Demand pursuant to Florida Statutes, chapter 626 for Florida License name and License number for Nationwide’s claims representative, Charles Law

Dear Nationwide Registered Agent & Legal Counsel:

I was a passenger in an auto accident on about Jan. 2008 in which my seat restraint broke and caused me a severe cascading brain injury. Your insurance company and claims representative, Charles Law, knew that failure to timely treat a brain injury has previously resulted in a Tampa jury verdict in a similar case for appx. $217 million. See http://www.onlinelawyersource.com/news/brain-damage-suit.html. Among other things, my brain injury has caused and/or aggravated an aphasia-type communication injury.

Myself and members of my family have repeatedly been subjected to harassment, abusiveness, financial exploitation, and bullying by Charles Law, who asserts he is your claims representative and has been assigned by your company to handle my uninsured/underinsured motorist claim, Nationwide Claim No. 77-09-N-786-01052008-01, date of loss: 01-05-2008.

Among other things, medical bills totaling almost $100,000 for my medical care until the time it was abruptly cut off and my severe brain injury was abandoned by your company and my medical doctors because Charles Law refused to pay for my auto accident caused / aggravated medical care were signed for by Mr. Law’s office in Des Moines, Iowa from the location where he sent all of his communications with a Florida Statute printed on the bottom of them – those medical records that Mr. Law’s Nationwide office signed for constitutes a declaration against interest (admission) that he received the contents of those medical bills that (1.) informed him and Nationwide that I have a cascading severe brain injury following the car accident, and (2.) informed Mr. Law and Nationwide that I am age mid-50s and my first name is Mary, not Yolanda.

I also filed a Notice of Intent to Sue and Bad Faith Notice against Nationwide and Mr. Law with the Florida Dept. of Financial Services, at which point Mr. Law responded by deliberately lying to the Dept. to falsely represent that he had never seen the medical bills his office Nationwide signed for. I have not in any respect waived that Notice of Intent to Sue / Bad Faith Notice, and Mr. Law let it expire the 60 day time period to cure without making full policy limits tender.

Mr. Law never questioned or objected to any of my medical bills.

I never informed Mr. Law I was represented by an attorney or legal counsel.

Mr. Law approved my settlement with State Farm for their liability involving the auto accident. Nationwide’s claims representative under the PIP part of the policy paid my medical bills until the PIP was exhausted. At those times, Mr. Law never objected to my being the injured party and claimant injured in the Jan. 2008 auto accident or that my first name is Mary, NOT Yolanda.

Nationwide previously retained legal counsel and obtained the Marriage Certificate filed with the Pinellas County Clerk of Court in a 2004 auto accident case documenting that David F. Petrano and I are married, as husband and wife. Our Marriage Certificate was at all times within possession of Nationwide and, further, readily available to Charles Law at the Pinellas County Clerk of Court.

Yolanda Petrano is my husband, David F. Petrano’s mother; she is NOT his wife. Charles Law knew that in Florida, a son cannot become married to his mother.

Yolanda Petrano is appx. 91 years old, very frail, broke her back from a fall, and is not only elderly but in frail health. Donna Ross is my husband’s sister, my sister-in-law, and daughter of Yolanda Petrano.

As soon as your Nationwide claims representative, Charles Law, learned from his office having signed for my almost $100,000 in medical bills apprising him I have a severe cascading brain injury, he began harassing, abusing, attempting to coerce, and financially exploiting myself, Yolanda Petrano, and Donna Ross to intentionally commit a fraud on me and evade Nationwide having to pay for my severe brain injury under the UM policy.

Donna Ross informed me (and states that she would testify) that she repeatedly told Charles Law that I was David F. Petrano’s wife, and that Yolanda Petrano is his mother.

Nevertheless, undeterred, Donna Ross told me Charles Law repeatedly kept calling her and sending letters demanding to have Yolanda Petrano sign to settle my above-referenced brain injury auto accident claim, and demanding that either Donna Ross or Yolanda Petrano sign a power of attorney over me without my consent to authorize them to agree to settle my claim for medical treatment for my severe brain injury for a bad faith low-ball offer.

Donna Ross told me Charles Law was trying to manipulate her elderly mother, Yolanda Petrano, an act that is prohibited under Florida Statutes, chapter 415 (adult elderly abuse). Donna Ross told me Charles Law was incompetent, belligerant, abusive, manipulative, and coercive and had caused both her and Yolanda Petrano a great deal of grief and emotional distress. Neither Donna Ross nor Yolanda Petrano were involved in the Jan. 2008 auto accident subject of my above-claim.

Donna Ross is a disabled American receiving Social Security Disability SSI benefits and is also protected by Florida Statutes, chapter 415 as a adult vulnerable disabled person.

Likewise, as a result of my underlying Autism and Jan. 2008 auto accident cascading brain injury, I am an adult vulnerable disabled person protected by Florida Statutes, chapter 415. I am also protected by the effective communication mandates of Titles II and III of the Americans With Disabilities Act, 42 U.S.C. Secs. 12131-12134 & 12181-12188, and 28 C.F.R. pts 35 & 36, and have, in fact, received effective communications and other accommodations from other entities previously.

On numerous occasions I attempted and did inform Charles Law that my brain injuries / auto accident aggravations have resulted in my inability to read paper print and to effectively use telephones, and that I have a medical prescription for Internet-only communication modes – an ADA effective communication accommodation Mr. Law is required by federal civil rights law to provide me. His response was a nasty retaliatory retort: ‘Black civil rights are the only civil rights there are, and there are no disability civil rights.’ He thereby intentionally committed racial discrimination on me in the Nationwide claims settlement process, as I am a white, Autistic Caucasian woman.

I was just handed a print letter this morning graciously converted for me to accessible formats by my husband, and at that time I discovered to my Horror that Charles Law had signed the letter dated March 8, 2011, directed to Yolanda Petrano, my mother-in-law, referring to her as my husband’s spouse: “This will serve as a response to our telephone conversation with your husband David Petrano.” The Letter was captioned: “Yolanda Petrano David Petrano” and addressed to Yolanda.

As you are aware, it is a licensing violation in the state of Florida under Florida Statutes, chapter 626 for Nationwide’s claims representative, Charles Law, not to be licensed with the Florida Dept. of Financial Services in Florida.

I did a search on their website under the name Charles Law, and it showed there is no Charles Law licensed by the state of Florida to act as a claims representative purposely availing himself in the state of Florida. There is also no Charles Law licensed by the Florida Dept. of Business & Professional Regulation.

Further, it is a licensing violation for Charles Law, as Nationwide’s claims representative, to be incompetent and to use that incompetence for over three years to in bad faith deny benefits under Nationwide’s UM insurance policy, as his repeated inability to comprehend that Yolanda Petrano was not the injured party in the Jan. 2008 auto accident and is NOT David F. Petrano’s wife, but his MOTHER demonstrates.

It, further, demonstrates incompetence by Charles Law that he was unable to ascertain from my medical records from University of South Florida and Michael W. Hoffmann, M.D. that his office signed for, that my name is Mary Day Petrano, NOT Yolanda Petrano, and that I am in my mid-50s as compared to Yolanda Petrano being appx. 91 years old – appx. a 40 YEAR AGE DIFFERENCE that has a huge effect on the loss of earning capacity part of my claim especially its impact on my attorney licensure.

The acts by your claims representative Charles Law may further constitute one or more felonies in the state of Florida.

This is a demand to IMMEDIATELY provide me with Nationwide’s claims representative Charles Law’s Florida Insurance License number, and the Insurance License / Authorization number under which Nationwide Mutual Fire Insurance Company is authorized to do the business of insurance in the state of Florida, as I intend to file a licensing complaint and potentially criminal complaints against Charles Law and Nationwide.

I am also publishing this letter on my popular Autism blog at http://equiisautististicsavant.blogspot.com/ to enable this Country’s Autism community to see how the state of Florida and Nationwide routinely abuse and bully adults with Autism who are injured in auto accidents in the state of Florida, and their family members – even frail elderly people in their 90s.

If I do not receive a response within 48 hours, I may exercise my legal right to presume under the Eleventh Circuit’s “tacit admission” rule that your non-response constitutes a tacit admission that Charles Law is not licensed under Florida’s Insurance Laws to handle services as a claims representative for Nationwide or anyone else relating to my above-referenced UM claim, and I will govern myself accordingly, including but not limited to filing an Updates on my blog to the Greater Autism community and brain injury communities as I continue to rectify the extensive personal injuries and Bad Faith insurance practices Charles Law has inflicted on me.

Respectfully,

/_S________________________________
Mary Katherine Day-Petrano
Juris Doctorate, University of San Francisco, 1990


Note: See also YouTube video at http://www.youtube.com/watch?v=MT5HgBiZjZc

Further Update on the PayPal, Inc. - E-Bay- Inc., Region's Bank, Florida Autism Bullying, Autism Exploitation, & Refusal To Give Autism Access

I have now been billed by E-Bay, Inc. for the Autism discrimination and Title III Americans With Disabilities Act violations E-Bay and PayPal jointly committed against me, their unfair trade and business practices, and violation of the federal injunction previously entered against PayPal -- even though PayPal remedied this, E-Bay refuses to do the same.

As a result, my husband, a licensed Florida attorney, attempted to get Autism acccess and Title III Americans With Disabilities Act Autism access for me to navigate with my Florida bank, Region's Bank, to inform them I have a dispute with E-Bay and E-Bay is NOT authorized to take ANY money from my Region's Bank account, and that any prior authorization through which I was fraudulent induced to authorize this has been revoked.

Region's Bank, in Florida (legal counsel headquarters in Alabama), told my husband that they do not have to commply with Title III of the Americans With Disabilities Act to give any people with Autism communication accommodations access, and that even if the person were a disabled person confined to a hospital, that unless the person could physically travel 40-80 miles to go into a Region's Bank in person, Region's Bank can allow and facilitate the Grand theft and financial exploitation of money be taken from the vulnerable Autism person's bank account that the person expressly is NOT authorizing or for which has attempted to comunicate a revocation of authorization.

My husband then discovered that Region's Bank in Florida just recently received a scathing letter from the Federal Reserve in Atlanta, Georgia. He advised me that if Region's Bank was refusing to comply with Title III ADA Autism access civil rights as means to carry out an Unfair Trade and Business Practices policy, for me to make the following Federal Reserve complaint against Region's Bank in Florida, which I have made (spelling errors have been corrected for purposes of this blog post).

I am posting about this because EVERY adult on the Autism spectrum and parents and caregivers to children adults, family members, and trusts dealing with Region's Bank in Florida pls. need to be WARNED of the Autism bullying, Autism financial exploitation and abuse by Regions Bank, and it's Unfair Trade and Business Practices policy it is carrying out against disabled Americans and especially vulnerable disabled people with severe Autism who happen to be living in the community under the Olmstead v. L.C., U.S. 1999 mandates and need to navigate their bank account !!!

NO person with severe Autism should have their money taken without their authorization because some untrained-in-Autism bank employee lacks empathy for the damage inflicted on a severely Autistic person caused by forcing the person to use phones that trigger damaging epileptic seizures, and when the person with Autism cannot navigate that, to say 'too bad, your money can be taken from you' and 'we do not have to comply with the Americans With Disabilities Act.'

"Consumer Complaint Confirmation

Thank you for contacting Federal Reserve Consumer Help. This message confirms that you have successfully submitted your complaint with the Federal Reserve System. Your complaint was submitted on May 05, 2011 at 1:44 PM.

We will determine the appropriate federal regulator to address your complaint and forward your complaint to that regulator for investigation. Within 15 business days, we will send you a written acknowledgement that will tell you the federal regulator to which your complaint was sent and contact information for that regulator. If the Federal Reserve will investigate your complaint, you should receive a response from the Reserve Bank handling your complaint within 60 days after the Reserve Bank's receives your complaint.

More information on the Federal Reserve's consumer complaint process is located on our website.

Your Information
NameMrs. Mary Day Petrano
Address11502 SE US Hwy 301
Hawthorne, FL 32640
CountryUnited States
Email Addressponyhunterjumper@yahoo.com
Phone Number727-237-6778
Alternate Phone727-808-0446
Contact PreferenceE-Mail
Institution Information
Institution NameRegion's Bank, Florida
Account/Product Typechecking account
Address Alachua County, FL
CountryUnited States
Email Address
Phone Number

Complaint

Description of the complaint

I have severe Autism, N.Carolina Macular Dystrophy vision impairment, and cortical hyper-acusia hearing impairments where loud noises trigger temporal lobe epilepsy. Region's Bank in Florida informed me they and other businesses such as PayPal, Inc. and E-Bay, Inc, can steal, Grand Theft, and financially exploit vulnerable adult disabled customer's accounts by taking money out of our accounts when we tell them we do NOT authorize it, revoke prior authorizations given because there has been fraud, and they say they can do so in violation of Florida Statutes, Sec. 415.1111 and Title III of the Americans With Disabilities Act Autism protections and access communication - accommodations rights for Autism, 42 U.S.C. Secs. 12181-12188 & 28 C.F.R. pt. 36. Regions Bank says it does not have to obey Title III of the Americans With Disabilities Act, that it can force people with vision disabilities and motor neuron disease to drive 40-80 miles and use paper print forms that are not accessible, and that they can force people with loud speech sound epilepsy to use telephones, and if we cannot do this because of our disabilities, they do not have to obey Title III Americans With Disabilities Act requirements to give us Internet access. This is a Florida Unfair Trade & Business Act Practice, and because Regions's Bank is doing a tie-in scheme to let PayPal, Inc. and E-Bay take money out of Severe Autism people's bank accounts we do not authorize or for which we revoke prior authorization, it is a Sherman Act anti-trust restraint of trade illegal tying scheme violation. I have been advised by my Husband, David F. Petrano, Florida Bar No. 624586, that the Atlanta Federal reserve just write a scathing letter to Region's Bank, yet this bank is continuing to inflict harm on disabled customers in violation of several federal laws and state of Florida laws. Their refusal to stop theft of the funds I do not authorize to be take from my bank account further constitutes genetic discrimination against me in violation of Title III of the Americans With Disabilities Act, Sec. 504, and GINA because my inherited ancestry on ancestry.com (Day-Petrano Family Tree) traces to the Surrat family in Buncombe, N.C. from which my N. Carolina macular dystrophy is inherited as a chromosomal disorder.

How complaint can be satisfactorily addressed

I am asking that Region's Bank be required to provide Autism trained and credential people to assist its customers with Autism, that it be ordered to comply with Autism AAC Internet computer -only communications for people with Autism, that it be required to fully assist its Autism customers navigate with PayPal, Inc. and E-Bay, that Judge Jeremy Fogel, N.D. Cal. San Jose Div. be notified PayPal, Inc. and E-Bay, Inc. are in violation of the previous injunction he entered against PayPal, Inc., and for money damages compensation of the appx. $35,000 special damages losses and additional money damages compensation for the intentional infliction of emotional distress and epigentic damage by triggering my epilepsy Region's Bank's Autism bullying, Autism abuse, and federal and state law violations caused me. I am also asking that Region's Bank be ordered not to do this to any other person with Autism, that it be made to give ALL its employees, agents, and lawyers Autism training, and that its banking charter be revoked if it violates any person with Autism again who is living in the community under the Olmstead v. L.C., US 1999 mandates."


I will continue to share with the greater Autism community now and in the future, my journey through life as an adult with severe Autism, not merely the higher functioning and more abled Asperger's adults perspective we constantly hear drowning out the rest of the more severely Autistic voices in the Media.

As the Tidal Wave of children with Autism age-out of funding and services upon becoming adults with Autism (we all "grow up" !), they and their parents and families need to know what barriers we adults on the more Severe Autism spectrum face who have tried to navigate the Neuro-typical social structure for many years, because these unfair and oppressive communication and mobility barriers and Autism civil rights violations need to be changed -- the same way curb cuts and wheelchair ramps changed the impossibility of navigating stairs for others.

If any American business does not want to become accessible to people with Autism, maybe we in the Autism community should not do business with them and let our wallets and consumer purchasing power seek businesses that are more interested in serving and respecting people with Autism and Autism families as their customers (who provide their employees, corporate officers, and legal counsel with specific Autism training).

Update – PayPal & e-Bay Adult Autism Bullying and Discrimination: What I Learned Since My Initial Post

... OR, ‘Why Title III Of The Americans With Disabilities Act Must Be Amended To Authorize Money Damages Against Businesses That Bully, Abuse, & Financially Exploit Adults With Autism’

Since my Horrible experience of last week with my Autism being bullied and discriminated-against by PayPal (and e-Bay and my bank more peripherally), I learned through my research about them the following -- and I am writing this update because these businesses are Vital for severely Autistic adults if we are to achieve our community-based living promise of Olmstead v. L.C., 527 U.S. 581 (1999) & implementing Exec. Order viewable here: http://www.freedomclearinghouse.com/olmstead/olmstead&w_061801.htm, to be enabled to navigate the essentials to support ourselves independently in the communities in which we live.

It turns out, as I discovered after my initial post on this Autism access subject, that PayPal was sued in a class action in the Northern District of California, San Jose Division, captioned In re PayPal Litigation, N.D.Cal. Case No. CV-02-01227-JF/PVT. Despite my being a class member, apparently (news to me, because adults with Autism were never contacted and distributed our share of damages in that lawsuit as a consequence of the California Bar attorneys involved in the case failing to give Autism language-communication access as required by Mullane v. Central Hanover Bank & Trust, 339 U.S. 339 U.S. 306 (1950) to notify us in Autism-accessible formats that we were class members and entitled to a share in the damages), this past week was the first I heard of that case spelling out PayPal's pattern and practice of exploitation.

Among the allegations against PayPal in that lawsuit included that it took and held funds deposited in customers’ PayPal accounts for sometimes months on end with no meaningful recourse for the account holders to access them. E-Bay is a National commercial Internet marketplace and business. When I initially posted an item for sale on e-Bay that led to my initial post about the Autism bullying and discrimination I endured at the hands of PayPal (that e-Bay facilitated and allowed), I noticed that e-Bay failed to post a conspicuous warning NOT to use PayPal as a civil rights measure to satisfy it's duty to protect vulnerable adults with Autism from having PayPal take funds upon which adults with Autism depend in the face of an overwhelming lack of adult Autism funding and services in this Country.

Quite the opposite ! What I saw was a statement on e-Bay that induced adults with Autism to check the PayPal box to send a deposit or all of the sales proceeds for items we would sell on e-Bay to PayPal, and a misleading statement that disparaged the safety protections adults with Autism normally take to prevent others from stealing our money, i.e., direct wire transfer into our own bank accounts or cash. E-Bay actually posted as means to induce vulnerable adults with Autism to entrust our necessary funds with PayPal a statement informing potential buyers that a seller who requests direct bank account wire or cash is ‘a scam’ and should be viewed as ‘a scam’ if the seller does not use PayPal. This had a strongly negative disparate impact on vulnerable adults with Autism.

As almost EVERY parent of a vulnerable adult with Autism and adults with Autism living in the community can attest, when we as a vulnerable population with more than $3.2-$5 million lifetime cost needs to care for, treat, support, and tend our Autism (See e.g., "Autism Has High Costs to U.S. Society," Harvard School of Public Health, http://www.hsph.harvard.edu/news/press-releases/2006-releases/press04252006.html, have our funds withheld from us by PayPal’s unfair trade and business practices and Autism discrimination preventing severely vulnerable adults with Autism from accessing funds sent to us for items we have sold IMMEDIATELY, this can have DIRE life and safety threatening consequences for the vulnerable adult with Autism. In fact, in Florida, Florida Statutes, Sec. 415.1111 authorizes statutory damages against such vulnerable adult disabled Autism people by those such as PayPal who financially exploit us, and even authorizes a mechanism to request leave for treble punitive damages. PayPal purposefully avails itself of the state of Florida in terms of personal jurisdiction over it here.

I spent several days suffering the insult and indignities of having to have my Husband, who has conductive hearing loss, have to call e-Bay to get the un-publicized number for PayPal, only for PayPal employees who never heard of Autism to be screaming at him, triggering his epilepsy, causing the two people on the phone to be screaming so loud it triggered my temporal lobe epilepsy Autism sensory overload to the point of meltdown and infliction of physical epigenetic damage on me.

PayPal was unremorseful and claimed they did not have to obey Title III of the Americans With Disabilities Act to make their services accessible to the millions of disabled Americans in this Country, and especially not to adults with Autism living in the community – but instead that PayPal had the ‘right’ to dupe us into handing over our funds so PayPal could keep them for months if not forever (indicative of PayPal's obvious intent to game such wrongly withheld funds belonging to disabled people to capture interest on those funds it feeds into its reported 'business profits').

Notably, I did discover in the news recently, that the e-Bay – PayPal restraint of trade tie-in scheme of Autism bullying and discrimination to fleece us into handing over our funds, so PayPal could hold them, keep them, and loot interest investments from them, had produced a ‘business profit.’ A ‘profit’ predicated on the financial exploitation of disabled Americans and severely vulnerable adults with Autism.

Worse, the bidder on e-Bay joined in PayPal’s Autism bullying and abuse by mocking my vulnerable adult Autism severe language communication disabilities (buyer was a Title III Americans With Disabilities Act business themselves), saying ‘it is your fault you cannot navigate PayPal.’

'My fault' I cannot navigate Neuro-typical business social communication structures – because I am a vulnerable adult with Autism, severely non-verbal with “markedly limited verbal abilities” and require Americans With Disabilities Act accommodations ?

'My fault' I cannot navigate Neuro-typical business social communication structures – because PayPal abusively coerces the use of Neuro-typical social phones and paper print communication modes without providing PECs, i-Pad, or Internet AAC Autism communication access (and has NO specifically Autism trained person to assist) ?

Parents, adults with Autism just now embarking on navigating in the community, BEWARE of getting tangled in the web of Autism bullying and discrimination that currently exists, unbridled, at PayPal and e-Bay and losing Autism support funds upon which you DEPEND. Pls. Never say someone who has been there didn't warn you !

Is THIS the society we want for the most vulnerable of all – adults with severe Autism ?

As an adult with Autism, I say No !!! But I cannot change the access problems pervading this Country that plague families with Autism by myself. Every parent should say No !!! Every adult with Autism should say No !!!

We adults with Autism have a civil and consumer right for PayPal and e-Bay not to exclude us from one of this Country’s most vital marketplaces because of our disabilities and PayPal’s refusal to obey Title III of the Americans With Disabilities Act to make their services accessible to us.

I just wanted to write this update, because I would not want any other adult with Autism to be abused and financially exploited as I was by PayPal (and e-Bay for allowing it). E-Bay and PayPal even retaliated in violation of the plain prohibition of the ADA’s retaliation provision, 42 U.S.C. Sec. 12203, by not removing negative feedback directed to my Autism communication and navigation disabilities from my account – put there because I needed Autism communication accommodations for access PayPal refused to give me.

If THIS is the “American model of business,” No thanks !!! People with Autism have a community-based living right to enjoy and access America’s business services, too. Indeed, we DEPEND upon it.

It is no longer acceptable for American business to be “for Neuro-typicals only."

THAT is the message of Autism access we as members of the Autism community should be sending every American business.

Blatant Autism Discrimination At e-Bay and PayPal, Joint Cause of the National 96 % Adult Autism Unemployment Rate

My apologies to my readers for not writing for so long. I not only have markedly limited verbal abilities, but a Jan. 2008 brain injury for which my medical care was cut off, aggravating the extent of my brain damage.

I do intend to resume with the posts I promised, but in the meantime I feel the need to bring an important issue to the attention of the Autism community regarding an example of lack of Autism access, and this will not be my last post as I do think there is a need to start calling out the Autism access barriers where they exist in an endeavor to see if we as an Autism community can ask society to remedy them.

This post is a Greatly needed post on just ONE MORE REASON adults with Autism continue to suffer a Devastating appx. 96 % National unemployment rate, resulting in our parents, families, and the American taxpayer having to pay to warehouse us when "but for" the Blatant Autism discrimination at e-Bay and PayPal and MANY U.S. banks and other American businesses, we could support ourselves.

I not only have severe Autism with limited verbal abilities, but also temporal lobe epilepsy triggered by loud speech sounds including speech on telephones and cell phones. This is not an unknown disability as it has been documented on the www.omim.org database, #600512: "Michelucci et al. (2007) reported a 36-year-old woman with lateral temporal lobe epilepsy manifest as telephone-induced seizures. She had an 11-year history of recurrent partial complex and secondarily generalized seizures evoked almost exclusively by answering the telephone. Other auditory stimuli could also elicit seizures. The seizures were accompanied by distortion or attenuation of sound, inability to understand language, and inability to speak appropriately, all consistent with lateral temporal lobe involvement."

Here is my Oddysey through the INSANE completely inaccessible, un-navigable method e-Bay and PayPal and MY bank (Regions Bank - Florida) use for the Nation's vulnerable developmentally disabled adults with Autism:

To contact PayPal, the adult with Autism with the epilepsy is REQUIRED to find another person to use a telephone and call e-Bay to get "transfered" to PayPal -- apparently, PayPal has NO telephone number, NO TTY, NO Internet access, NO PECS, NO iPad access or anything to accommodate the TIDAL WAVE of adults with Autism in this Country as REQUIRED (a federal civil right) under Title III of the Americans With Disabilities Act, 42 U.S.C. Secs. 12181-12188 et sec. (See, also Meyers v. City of Jacksonville, Fla., 754 So.2d 198 (Fla. 1st DCA 2000) (violation of the ADA access statutes or regulations also constitutes per se negligence and subjects the business to money damages)).

I have had a PayPal account since appx. 2000-2001, and had a "verified" "confirmed" bank account with them. Without providing me ANY Autism accessible visual notice whatsoever, PayPal "unconfirmed" and "unverified" my bank account sometime last fall, unknown to me. They then told me I had to go through the "confirm" and "verify" bank account process AGAIN.

When I atttempted to do an "Instant Confirmation" of my PayPal bank account, I could not coordinate my fingers fast enough to enter the numbers and PayPal timed-out my Autism AAC computer device without letting me use my three attempts, and then took the posture that they had NO program in place to assist people with Autism and vaccine injuries who have motor neuron dexterity impairments to do an "Instant Confirmation" and that they "didn't have to" and that there was NO one I could have my phone interpreter talk to about it. This is COMPLETELY CONTRARY to the civil rights DUTIES these businesses OWE to disabled adults with Autism and other dexterity disabled Americans and one CAN ONLY WONDER WHERE THEIR LEGAL DEPARTMENTS PASSED THEIR BAR EXAMS !!!

The fact disabled plaintiffs in Rendon v. Valleycrest Productions, Ltd., No. 01-11197 (11th Cir. 2002), for example, 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 Americans With Disabilities Act 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))/

Oblivious to their DUTIES under the Americans With Disabilities Act, PayPal droned on and told me I would have to "wait 2-3 days" for PayPal to send a small deposit to my bank, and then I would have to get that small deposit amount and enter it into PayPal to "confirm" and "verify" my bank account the 'Non-Instant way.'

I DID do that, more than 7 days ago, and my bank informed me they STILL have received NO deposit from PayPal. Note: PayPay falsely advertises the turn-around time is 2-3 days, but admitted it can take up to 5 days and in my case it is now 7 days of attempting to navigate this same Autism lack of access issue.

My bank also refuses to provide any Autism AAC access accommodations and has taken the posture that a person who cannot use a telephone like a "normal" Neuro-typical person "must have a guardian," and they say they 'never heard' of the Americans With Disabilities Act and do not have to obey its disability civil rights access provisions. Ultimately, 7 days later, my bank told me it can do nothing to help me navigate as an adult with Autism, that PayPal must do it, and that my deposit money from my e-Bay sale can be held hostage and not given to me.

PayPal refuses whatsoever to do ANYTHING to make the process accessible, says 2-3 day time periods can just keep occurring indefinitely (in an endless loop), and that PayPal has NO legal duty under Title III of the Americans With Disabilities Act to make its process of "confirming" and "verifying" a bank account accessible to a severely disabled adult with Autism, and there is NOTHING I can do about it.

e-Bay has been MORE helpful than PayPal or my bank, but nevertheless e-Bay lacks pictogram signage adults with Autism can follow to navigate around e-Bay and MORE ESPECIALLY fails to write its information on 'how to navigate different selling methods' and its 'rules' in a way to remove the social-English people with Autism cannot understand and put it in simple language and pictogram terms adults with Autism can understand and navigate. It's no different than when blind people do not have braille or screen reader accessibility to assist in navigating such a website, and analogous to the blind Americans lawsuit against the Target Stores website.

Finally, I managed to make a significant sale on e-Bay that I was FORCED to make because Nationwide Insurance company has withheld in bad faith (without objections in any way to my medical bills) the payment they are required to pay under their uninsured motorist policy for almost $100,000 in medical bills I have already incurred that they signed for for over 3 years; and also because Social Security has delayed my SSDI and SSI Autism disability claims for over 9 years since April 2002 all because they inform me they have NO guidelines to properly assess the severity of Autism. Because of this withholding of money I should be getting TIMELY as adult Autism support and for medical coverage, as a result of this type of repeated abusive failure to timely pay adults with Autism funds upon which we DEPEND, I was not only cut off from my medical care for my Autism and brain injuries and suffered additional injuries, but NOW I was forced to sell a trailer my adult Autism horse business required to operate profitably that cost more than $30,000, for $12,100.

If that is not a systematic rip-off of the supports and self-support assets adults with Autism NEED, it's bad enough. But the buyer made a deposit to my PayPal account, and PayPal took the posture of REFUSING to let me access my own money to pay for my Autism needs, including my housing. While claiming PayPal "security" can completely override Americans With Disabilities Act Autism access civil rights, PayPal hung up on my Autism interpreter (other person I had to find to ask to call them because I cannot use telephones and they REFUSE to have alternative Autism accessible communication channels available) at least 3-4 times. PayPal told me I can just keep going in 2-3 day cycles, endlessly, and they have NO obligation to assist my Autism to help me receive my money I have been paid but can hold my money hostage indefinitely -- even if it puts my adult Autism home into default !!! (Notably, PayPal paid THEMSELVES their own cut right away !)

Adults with Autism fall off a Cliff when we age out of childhood Autism supports and services, as everyone in the Autism community KNOWS. People with Autism frequently have implicit learning disabilities, and we cannot do any employment or self-employment that we have not been EXPLICITLY and painstakingly trained to perform. I have only been explicitly trained to (1.) be a lawyer, or (2.) train jumping horses, ponies, and riders; however, most who know about my story know that I have been denied my attorney license in California for 21 years, and Florida for 9 years because they have NO Autism-specific attorney licensing programs and do not require the bar admission officials to undergo specific-Autism education and training -- so I cannot work as a lawyer. That is out. That leaves me, as a 55 year old adult with Autism, with being COMPELLED to earn my ability to support myself from my horse business Social Security told me I had to 'do for work' -- for which a horse trailer to pickup and deliver sales horses and ponies, and take horses and ponies to horse shows and other events where buyers can see them, is an Essential business asset.

Did e-Bay, and ESPECIALLY PayPal, or my bank care whatsoever about my needs as an adult with Autism ? Emphatically, No !

The ENTIRE scenario I was put through by e-Bay, PayPal, and my bank is INSANE, and BLATANTLY discriminatory to the type of access adults with Autism REQUIRE if we are to be able to create and innovate products, sell items, or operate our own Autism business in order to become self-suppporting, independent, and earn our own living to SUPPORT OURSELVES.

A very good Question in all of this is: WHERE is the U.S. DOJ ? WHY would the U.S. DOJ civil rights division NOT be bringing an Autism access enforcement action against e-Bay, PayPal, and numerous banks to ensure ALL adults with Autism of every severity have meaningful access ? NOT everybody can use a telephone to communicate ! MANY disabled Americans CANNOT !!! To PENALIZE a disabled American -- especially an VULNERABLE adult with AUTISM with the extra burdens of delay upon delay and forcing another person to speak for us to the point we lose our HOMES and our business (that support us), is NOT acceptable.

Note: Florida just initiated a mortgate "rescue" program to refinance and assist with mortgages and keeping Floridians in our homes, but made it intentionally target the exclusion of adults with Autism by refusing Autistics who can only buy a home through seller-financing (because the Autism inaccessible BANKS also refuse to give mortgages to adults with Autism and make their mortgage processes Autism accessible) meaningful participation.

I would URGE Every parent of a person with Autism, every family, every carer, and every single other taxpayer sick and tired of being taxed to pay for adults with Autism who can SUPPORT OURSELVES WITH THE AUTISM ACCESS WE NEED to WRITE to U.S. DOJ, e-Bay, PayPal, and every bank you can think of and DEMAND they comply with the Americans With Disabilities Act to give blind, deaf, and people with Autism ACCESS NOW !!! NOT 21 years after the Americans With Disabilities Act became the law of this Land. Or, let your WALLET do business elsewhere - just like the World sent the economic message to South Africa that Apartheid was WRONG.

For anyone who doesn't stand up for Autism access and take some initiative to do something about voicing the concern that a commercial exchange as Huge as e-Bay and PayPal to the American economy is NOT Autism accessible -- YOU have nothing to complain about when your taxes are raised to warehouse all the adults with Autism PREVENTED from working (a lifetime appx. $3.2-5 million cost for each Autistic), and the U.S. cannot pull out of this economic tailspin it's in because it is weighed down by the Autism TIDAL WAVE albatross.

Adults with Autism CAN earn a living WITH Autism access !!! If not NOW, WHEN ??? ! What are YOU going to do to tell e-Bay, PayPal, American banks, other similar businesses, and the U.S. DOJ to fix this broken system and give MEANINGFUL ACCESS to adults with Autism living in the community under the Olmstead v. L.C., 527 U.S. 581 (1999) mandates - just like you ?