Further to my ADA question, I'd like you to consider my specific situation.I lost my leg and sustained severe and permanent back injuries in combat in Vietnam. I was an ABN-RGR inf officer. Sometime earlier I had been shot in the shoulder. As a result I have 100% disabilities from the VA and SSA.After retirement my wife an I moved to Prescott AZ on a property served by a local sanitary district (fewer than 500 customers)which is elected by the persons served. It is a public body under AZ law, as well as under the ADA.I had been at odds with the chairman of the sanitary district for several months before I complained to him about the glare coming from the windows facing the audience at public meetings. No real success for me until the next meeting when I complained to district counsel in the presence of the chairman. At first counsel refused any relief, but when I cited the ADA, things happened and a curtain was raise.Months later I requested the chairman allow me participation in meetings by conference call because my stump was increasingly painful. He did not respond. Several meetings were held without mention of my reqest.On 15 Dec, '11 I submitted a written request for accomodation, describing my wounds in detail and again indicating a conference hookup would suffice.At the next meeting, the chairman acknowledged my reuest and, joined with counsel, concluded it was a legal matter.At the following meeting (29 Dec. '11), my request was treated in executive session and in pulic session it was explained that my request had been referred to counsel.At the 20 Jan meeting my request was listed for executlve seession consideration and in the public session an announcement was made that counsel would speak with me. In that regard I spent a brief ttime talking to district counsel explaing my physical limitations and the need for remote access to meetings.No mention, no action regarding my reuest at the 31 Jan'12 meeting.The 7 Feb listed my request for executive session. As usual, I attended the meeting but this time on crutches and a back braceI complained bitterly about thr board's indifferenc to my situation. Pain caused me to leave the meeting early. After I left the chairman indicated that the district manager would meet with me to discuss the matter.On 28 Feb '12 I received a letter from the district managerstating that the district would provide me with remote telephonic connection to meetings. I was to work only with him (the district Manager)On the first occasion I required accomodation (after the 28 Feb letter), I called the district's business number at 1:30 p.m. on 21 May and left a message for the manager in accordance with a recorded message's instructions. The recording did not indicate business hours.I heard nothing and once again was forced to hobble into the meeting. When I complained I was derided and humiliated for my inability to follow simple directions. I left the meeting embarrassed and in pain.The next day I received an e-mail from the manager, at the chairman's direction, which was designed to add humiliation to the tally.I RESPONDED CAREFULLY, REFUTING EVERY ARGUMENT THE MANAGER AND THE BOARD HAD MADE. I received an abject apology from the manager,have heard nothing from the board or the chairman.A meeting has passed since this incident ocurred. At the meeting several members indicated anger with the way I had been treated (this had happened before)I would like you to explore possible remedies with an empathis on monetary sanstions. Thanks
http://www.acdl.com/New%20Logo%20Guides/ADA%201%20New%20Logo.pdfstates at page 18:Arizonans with Disabilities ActThe Arizonans With Disabilities Act (“AzDA”) requires that the following buildings and facilities conform to Title II of the ADA: “buildings and facilities that are used by public entities [i.e., State and local governmental entities] and that are leased or constructed in whole or in part with the use of state or local monies, the monies of any political subdivision of this state or any combination of these monies.”If a public entity has violated the above-quoted section of the AzDA, an individual may: (1) file a complaint with the Civil Rights Division of the Arizona Attorney General's Office; and/or (2) file a lawsuit. To file a complaint with the Arizona Attorney General's Office, the individual should call that Office at one of the following telephone numbers:(NNN) NNN-NNNN[Tucson, voice],(NNN) NNN-NNNN[Tucson, TTY],(NNN) NNN-NNNN[Phoenix, voice],(NNN) NNN-NNNN[Phoenix, TTY]. There is a deadline for filing a complaint with the Arizona Attorney General's Office: the complaint must be filed “within one hundred eighty days after the occurrence or the termination of the discrimination.To file a lawsuit, the individual should contact an attorney. The deadline for filing a lawsuit under the AzDA is “not later than two years after the occurrence or the termination of” the discrimination.It looks like you can sue for damages under the AzDA and the ADA.The ADA is posted herehttp://www.ada.gov/t2hlt95.htm states:Private parties may bring lawsuits to enforce their rights under title II of the ADA. The remedies available are the same as those provided under section 504 of the Rehabilitation Act of 1973. A reasonable attorney's fee may be awarded to the prevailing party.The Rehabilitation Act remedies are listed at 29 US Code § 794a, posted athttp://www.law.cornell.edu/uscode/text/29/794a and in a circuitous way it does authorize suits for damages.http://www.ada.gov/taman2up.html in the next last paragraph states:Is a private plaintiff entitled to compensatory damages? A private plaintiff under title II is entitled to all of the remedies available under section 504 of the Rehabilitation Act of 1973, including compensatory damages.You can get a free consultation from some of the Arizona civil rights lawyers listed by location athttp://lawyers.findlaw.com/lawyer/practicestate/Civil-Rights/Arizonahttp://www.ada.gov/cguide.htm#anchor65610has a A Guide to Disability Rights Laws from the US Department of Justice.Please follow up on this with a local attorney.I hope this information is helpful.
Thank you for accepting my answer, and thank you very much for the bonus!
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