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February 13, 2008

People with Disabilities Are Entitled to a Fair Trial

As evidenced in the recent case re: Marriage of James and Christine C. (1/15/08) 4 Civ G037159, Div 3 (Fybel) 2008 WL 132003, 2008 DJDAR 653, people with disabilities must be accommodated by the family law court. Although disability is a broadly defined term, bipolar disorder, forms of depression and other mental disabilities can serve as a basis for special accommodations such as postponement of hearings.

When President H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA) -- the world's first comprehensive civil rights law for people with disabilities, it was clear that the Act prohibits discrimination against people with disabilities in employment (Title I), in public services (Title II), in public accommodations (Title III) and in telecommunications (Title IV).

Each court of law has an ADA coordinator, along with Deputy Coordinators, whose role it is to facilitate accessibility to the Court’s facilities and services for those citizens with disabilities. Under most circumstances, the needs of these populations can be accommodated within each Department or Division, as has been the case historically. However, when circumstances dictate that further measures be taken, those measures are the responsibility of the ADA Coordinator and Deputy Coordinators.

Know your rights and don’t let the court system, your attorney or the other side's attorney intimidate you or limit the outcome of your case by ignoring your rights. Our team of attorneys at Dishon & Block stay abreast on issues and cases concerning ADA rights and are available to discuss the details of your case.

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