Federal Lawsuit Filed Against LEGOLAND Florida Resort For Denying Access to Local Nine-Year Old Amputee

Tampa, FL – Today, the Social Justice Law Collective (SJLC) announced the filing of a federal lawsuit against the LEGOLAND Florida Resort in Polk County, Florida (LEGOLAND), for repeated violations of the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act.  The lawsuit challenges LEGOLAND’s policy of denying access to significant portions of its resort to children and other guests who use prosthetic devices, even when such restrictions are not required by reasonable safety concerns.  The lawsuit alleges that these discriminatory restrictions ignore the extraordinary capabilities of such individuals and result in the denial of access to more than half of LEGOLAND’s attractions for thousands of children and families from around the world.

Polk County residents Josias and Sarahy Suarez have brought this lawsuit on behalf of themselves as well as their nine-year old son, Isaias, who was forced to undergo through-knee amputations on both of his legs when he was only one-year old.  A true inspiration, Isaias refuses to let his disability define him, using various-length prosthetics to play baseball, soccer and flag football with his friends and to enjoy camping and hiking with his family.

These abilities are ignored, however, whenever the Suarez Family visits LEGOLAND Florida Resort.  Despite careful planning and communication with LEGOLAND, the Suarez Family has been repeatedly denied access to attraction after attraction at the resort, solely because of Isaias’s prosthetics, with LEGOLAND staff continually singling out and confronting Isaias and his family because of his disability, providing no explanation other than that LEGOLAND policy requires it.

LEGOLAND’s discriminatory treatment of Isaias seems particularly apparent when compared to his treatment at similar amusement parks, including SeaWorld and Walt Disney World Resort in nearby Orlando, Florida, at which Isaias was never asked about his prosthetics and was able to participate in every attraction for which he met the height and ability-based requirements.  Meanwhile, LEGOLAND has repeatedly turned Isaias away from attractions that are designed for infants and toddlers.  “I can’t ride the rides that my family, even my little brother, are riding, even though I’m able to ride them,” said Isaias when describing his treatment by LEGOLAND, “I used to love going to LEGOLAND, now it makes me sad just to think about it.”

“Individuals who use prosthetic devices climb mountains, compete in competitive sports, and otherwise excel at a broad array of physical activities,” said SJLC attorney Shawn Heller, “in 2019, there is simply no excuse for a large amusement park – one designed for children, no less – to enforce such discriminatory and exclusionary policies.”

For further information, please contact Social Justice Law Collective attorneys Shawn Heller or Josh Glickman at media@sjlawcollective.com or (202) 709-5744.

Visit SJLC's website here »

See the Press Release here » 

Read the Complaint here » 

Media Photos: (coming soon)

Class Action Lawsuit Filed Against Florida Department of Corrections for Unlawfully Confiscating Millions of Dollars of Digital Music and Books

MIAMI/TALLAHASEE – Today, the Florida Justice Institute (FJI) and the Social Justice Law Collective (SJLC) announced the filing of a federal class action lawsuit against the Florida Department of Corrections (FDOC) for confiscating the lawfully purchased digital music and books of thousands of Florida prisoners.  After years of selling digital music and books to Florida prisoners – and realizing millions of dollars in profits from those sales – the FDOC has now implemented a statewide policy forcing Florida prisoners to surrender their digital media players and all of their lawfully purchased music and books, without just compensation.  The Complaint alleges violations of the Takings and Due Process Clauses of the U.S. Constitution. 

“In effect, the Florida Department of Corrections has stolen millions of dollars of digital music and books from the incarcerated people in its custody,” said FJI Executive Director Dante Trevisani. “This was done merely to obtain a more profitable contract, at the direct expense of incarcerated people and their families.”

William Demler, the named plaintiff in the lawsuit, has brought this lawsuit on behalf of himself and other victims of the FDOC’s unconstitutional policy.  He had purchased over 300 digital songs and books from the FDOC and its prior vendor since 2012.  Now, the FDOC has taken his digital media player and all of his digital songs and books from him.  The FDOC’s explanation is even more callous – in response to the hundreds of formal grievances filed by Mr. Demler and other affected prisoners, the FDOC developed a form response, admitting that the unlawful confiscation of their property was necessary in order for the FDOC and its new vendor to realize additional profits.

According to the lawsuit, the FDOC induced Mr. Demler and other prisoners to purchase the now-confiscated digital music and books by explicitly promising them that they would own any purchased media files forever.  The promises had their intended effect, as from 2011 to 2017, FDOC prisoners purchased nearly 6.7 million digital media files, at a cost of roughly $11.3 million to those prisoners and their families.  However, this promise quickly became meaningless when the FDOC had the opportunity to enter into a more profitable contract with a new vendor. 

“These men and women relied on the representations made by the FDOC and its vendor that, once purchased, they would own these songs and books for the duration of their incarceration,” said SJLC attorney Josh Glickman. “The FDOC’s confiscation of these individuals’ lawfully purchased property – for no reason other than to turn a profit – is unconscionable.”

For further information please contact SJLC attorneys Josh Glickman or Shawn Heller at media@sjlawcollective.com.  

Visit SJLC's website here »

See the Press Release here »
Read the Complaint here » 

Federal Lawsuit Filed Against Broward County's BB&T Center for Denying Equal Access to Wheelchair Users

Fort Lauderdale, FL – Today, the Social Justice Law Collective (SJLC) announced the filing of a federal lawsuit against the BB&T Center, a sports and entertainment arena owned by and located in Broward County, Florida, for repeated violations of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.  The lawsuit, filed on behalf of Broward County residents Bradley and Susan Krause, alleges that the BB&T Center has repeatedly discriminated against wheelchair users in connection with the sale of accessible seating, and challenges the BB&T Center’s failure to adopt policies to ensure that wheelchair users and their companions have an equal opportunity to purchase tickets for accessible seating in the same manner and under the same conditions as all other ticket sales. 

Bradley Krause suffers from Inclusion Body Myositis, a rare neuromuscular disease that causes the progressive deterioration of muscles throughout the body and which has left Bradley completely dependent on a motorized wheelchair in order to ambulate.  While the degenerative nature of Bradley’s condition has severely restricted his ability to engage in many of the activities he once enjoyed, being able to attend concerts with his wife, Susan, is one of the few activities that has remained relatively unaffected.  That is, unless Bradley and Susan want to attend a concert at the BB&T Center.

In order to attend concerts at other arenas, Bradley and Susan typically need only go online and purchase accessible seats for the event, at the same time and in the same manner as anyone else.  For events at the BB&T Center, however, Bradley and Susan will often attempt to purchase tickets for an event only to find that very little – if any – accessible seating is available for purchase.  Instead, the BB&T Center requires that Bradley and Susan purchase their tickets through other methods, which often involve hours or days of research, telephone calls, emails, and messages.

Moreover, even when Bradley and Susan do manage to purchase accessible seating to an event at the BB&T Center, they have often attended those events only to find equipment stored in areas designated for wheelchair users or that areas of accessible seating that were not available for purchase remain empty or filled with individuals who do not require accessible seating.  “Concerts are one of the very few things I am still able to do in my declining health,” Bradley said when discussing the lawsuit, “it is unconscionable for the BB&T Center to have these events and hold that carrot out in front of me, only to then refuse to provide me with equal access to accessible seating.  I bring this lawsuit not just for myself and Susan, but for all wheelchair users and their companions.”

“The goal of this lawsuit is simply to ensure that wheelchair users and their companions have the same access to tickets to popular events as anyone else in society,” said SJLC attorney Josh Glickman, “there is simply no excuse for the BB&T Center – the largest indoor entertainment arena in the state of Florida – to continue to enforce such discriminatory and exclusionary policies.”

For further information please contact SJLC attorneys Josh Glickman or Shawn Heller at media@sjlawcollective.com.  

Visit SJLC's website here »
See the Press Release here »
Read the Complaint here » 

Class Action Filed Against Hospital ER for Outrageously Overcharging Rural Florida Residents for Routine Scans After Auto Accidents

FOR IMMEDIATE RELEASE - August 22, 2017

Crestview, FL – Today, a class action lawsuit has been filed against North Okaloosa Medical Center (“NOMC”), one of only a few hospitals in Okaloosa County, Florida, for outrageously overcharging victims of automobile accidents for CT Scans performed in its emergency department.  This private hospital, owned by Tennessee-based Community Health Systems (CHS), charges patients who have been in automobile accidents up to 50 times more than other ER patients for the same scans and up to 718% more than auto accident victims who are treated by other ERs in the same community for the same services.  These charges also represent an astonishing 10,000% markup over the hospital’s Medicare-allowable costs for those scans.

George Washington MacNeil, a long-time resident of Okaloosa County, has brought this lawsuit on behalf of himself and other victims of NOMC’s egregious overbilling practices.  Last Fall, Mr. MacNeil was involved in an automobile accident, causing him serious injuries.  More bad luck befell him after paramedics rushed him to the closest hospital – NOMC.  After three hours, and four routine CT Scans, Mr. MacNeil was sent home to recover, only to be shocked weeks later when an invoice from NOMC arrived, charging him over $40,000 for the four scans that were performed.  “I was a victim twice over that day.  To think a hospital, a place that is supposed to protect and heal you, would take advantage of me and other car accident victims like this is unthinkable,” said Mr. MacNeil.

By charging automobile accident victims exorbitant amounts for CT Scans, the hospital has violated the Florida Motor Vehicle No-Fault Law, which prohibits hospitals from charging such victims unreasonable amounts for medically necessary services.  “We are seeking a declaration from the Court that these charges violate the law, and commend Mr. MacNeil for taking a stand on behalf of his friends and neighbors who also were overcharged for CT Scans in the emergency department following a car accident,” said attorney Richard Bennett.

Plaintiff George Washington MacNeil is represented by Bennett & Bennett, the Social Justice Law Collective, and local counsel Powell, Powell & Powell, of Crestview, Florida.  The lawsuit was filed in Okaloosa County Circuit Court and is entitled George Washington MacNeil v. Crestview Hospital Corporation, d/b/a North Okaloosa Medical Center.

CONTACT:

Richard Bennett, Bennett & Bennett

(305) 444-5925, richardbennett27@gmail.com, www.bennettlawmiami.com

Joshua Glickman, Social Justice Law Collective

(913) 213-3064, josh@sjlawcollective.com, www.sjlawcollective.com

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SJLC and ACLU File Class Action Lawsuit to End Unconstitutional Postcard-only Mail Policy at Wilson County Jail

FOR IMMEDIATE RELEASE - April 28, 2016

Kansas City, KS - The ACLU Foundation of Kansas and the Social Justice Law Collective (SJLC) today announced the filing of a federal class action lawsuit against the Wilson County Sheriff.  The lawsuit challenges the constitutionality of the Sheriff's postcard-only policy for jail inmate mail.  This policy severely restricts the free speech and due process rights of inmates and their friends and family to communicate with each other.

The ACLU and SJLC are seeking a court order against Wilson County Sheriff Pete Figgins, in order to put an end to the unconstitutional practice of limiting jail inmates and their family and friends to correspondence using only postcards.  The vast majority of the people to whom the policy applies are awaiting trial and, therefore, are legally presumed to be innocent.

"Writing private letters is important to inmates and their friends and families because it allows them to stay connected and to express – at length and in detail – their private concerns about family relationships, health problems, and financial issues, among other things," said Doug Bonney, Legal Director of the ACLU Foundation of Kansas.  "If this policy had been in place in Birmingham, Alabama, in 1963, Martin Luther King Jr. could not have sent his now famous letter from the Birmingham Jail.  This postcard-only policy punishes inmates as well as their friends and family for no good purpose." 

Communication through mail is often the only practical form of communication available to inmates and their loved ones.  Often, family members live far away and cannot visit regularly.  Moreover, telephone calls from the jail are very expensive, and in-person, non-contact visits are limited.  These barriers make it all the more essential that inmates be allowed to correspond through regular letters and not be limited to sending and receiving postcards.

"Simply because a family member is in jail doesn't mean he ceases to be part of his or her family.  Yet, this postcard-only policy forces these inmates, as well as their parents, children, spouses and friends, to either write everything in abbreviated form, which can be read by anyone, or write nothing at all.  The Sheriff's policy effectively silences these families if they are unwilling to risk airing personal or confidential information to the entire world," said Joshua Glickman, co-counsel with SJLC.

CONTACT: 

Doug Bonney, Legal Director, ACLU of Kansas, (913) 490-4102 (direct), dbonney@aclukansas.org

Joshua Glickman, Founding Member Attorney, Social Justice Law Collective, (913) 213-3064(direct), josh@sjlawcollective.com

Visit SJLC's website here »
Visit the ACLU Foundation of Kansas's website here >>