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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116755
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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M y wife has MS we live in Deltona Fl as part of he on going

Customer Question

M y wife has MS we live in Deltona Fl as part of he on going therapy we often go to Daytona beach, part enjoy the day, and get her exercise on the beach in an environment that is safe, and with access to our vehicle and facilities. The Hard Rock casino has proposed closing the beach to beach traffic and the county commissioners are going to vote on this issue on May 7th. They are proposing having off beach parking without ADA requirements and facilities, which will inhibit my wife's custo***** *****festyle, and the beach itself will not be as accessible for disabled people in general as it is now. People in the county are embroiled in a dispute with the commissioners on this. My question is how can I have an injunction for preventive relief placed on this action, until I can put forth a discrimination violation inquiry under the ADA provisions? My name is***** and I can be reached at ***-***-****
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. I am afraid that to pursue an injunction in this type of case you will need to have your wife represented by an attorney. The FL law requires that a party in this type of case be represented by an attorney and you will need a disabilities rights attorney or civil rights attorney to file suit for your spouse in court and as part of that suit obtain a temporary injunction based on the violation of her rights pursuant to the ADA. An injunction must be filed in conjunction with a lawsuit, so that means you need to have an attorney representing her in the legal action to file this as you are not a licensed attorney in FL and as such cannot file in any legal matter to represent your wife. An injunction would be entered if the court finds you have a likelihood of success on the merits of your case and if there is no other remedy that would compensate your wife for her loss of access to the beach, such as money damages.