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Advocacy Center Hosts “Pea Pod” Events in New Orleans: More to Come in Other Areas of the StateIn an effort to get the word out to more people about just what the Advocacy Center does, the agency is hosting bi-monthly “Pea Pod” events. The “pea” in pea pod stands for Protection, Education and Advocacy. In a nutshell (or, in a pea pod) this is what the Advocacy Center does – protects, educates and advocates. We want to invite everyone who is interested to attend one of our pea pod events. The first ones are being held in New Orleans, but soon we will be hosting pea pod events in other areas of the state, as well. Each event is only one hour in duration and we have scheduled them at various times of the day so that, hopefully, everyone will find one pea pod event that conforms to his or her schedule. Pea Pod events scheduled for the immediate future are:
All of the events listed above will be held in our New Orleans office, 1010 Common Street, Suite 2600, in the Conference Room. If you want to come to a pea pod event, please let us know which one you will be attending by calling us at 504-522-2337, ext. 125 or at 1-800-960-7705 or by emailing us at pthreeton@advocacyla.org. We look forward to seeing you there! Doctor Discriminates against People with Disabilities Advocacy Center lawsuit alleges that doctor failed to make her office accessible to people with disabilities and retaliated against a patient who complained. On December 18, 2009, the Advocacy Center filed a lawsuit in federal district court in New Orleans, Louisiana, alleging that Dahlia Kirkpatrick, M.D., violated the Americans with Disabilities Act by discriminating against a Thibodaux resident on the basis of her disability. Ashley Borne is a 24-year-old resident of Thibodaux, Louisiana. Ms. Borne has spina bifida and uses a wheelchair. On January 8, 2008, Ms. Borne went to an appointment with Dr. Dahlia Kirkpatrick, whose office is located at 1208 Canal Boulevard in Thibodaux. Ms. Borne found a number of barriers at the office. Though she values her independence and drove herself to her appointment, Ms. Borne had to ask her mother to help her park her van because the parking lot did not meet federal accessibility standards. Ms. Borne then tried to get up the ramp to the office door. The ramp was too steep, and Ms. Borne again had to ask assistance from her mother. As a final insult, after Ms. Borne complained to the office manager that the parking lot and ramp were not accessible to her, the office manager told her that the doctor refused to see her, and asked her to leave. The office manager then called the police. The Americans with Disabilities Act (ADA) provides that services offered in public places like doctors’ office cannot be offered in a way that discriminates against or excludes people with disabilities. Both property owners and business tenants can be held responsible for removing barriers to accessibility. The ADA also prohibits retaliatory actions against people who complain or otherwise exercise the civil rights provided for in the ADA. According to Susan Meyers, Managing Attorney at the Advocacy Center, “Ms. Borne is a vibrant, independent young woman. The Americans with Disabilities Act established accessibility standards precisely so that people with disabilities, like Ms. Borne, could go places and do things without having to ask for help. This situation was made much worse, however, when Dr. Kirkpatrick not only refused to see Ms. Borne, but called the police, simply because Ms. Borne attempted to exercise her civil rights.” Mahalia Jackson Theater Is Not Fully Accessible for People with Disabilities Advocacy Center Lawsuit Alleges that Recently Renovated Theater’s Policies and Seating Arrangements Exclude People with DisabilitiesThe Mahalia Jackson Theater for the Performing Arts, which originally opened in 1973, sustained heavy damage during and after Hurricane Katrina. The City of New Orleans undertook renovation of the building to repair the damage and upgrade the facility. The alterations cost over $20 million and the theater re-opened to great acclaim in January 2009. John Matthews is a long-time supporter of the Louisiana Philharmonic Orchestra (LPO) and other New Orleans-based performing arts groups. He uses a wheelchair because of significant physical disabilities. When the LPO began to perform at the Mahalia Jackson Theater, he quickly called for tickets. He was told that he would have to pay box-seat prices, because these are the only tickets for seats that are accessible to wheelchairs. The general public can purchase tickets at a variety of prices for all performances; for example, tickets for an upcoming performance of LPO: Mendelssohn and Mozart ranged from $15 - $95. John, and all supporters who use wheelchairs have only one option - a ticket in the accessible, but highly priced box seats. Of the theater’s over two thousand seats, there are only four wheelchair-accessible seats in the theater, all located in the box seat section, according to documents produced by the city. It is likely that many patrons who use wheelchairs are excluded from performances due to the limited number of wheelchair accessible seats and high prices. Federal law provides that newly altered facilities must comply with the Americans with Disabilities Act accessibility standards to the maximum extent feasible. Four wheelchair-accessible spaces, particularly where these are available only at a higher price than other tickets, in a theater the size of the Mahalia Jackson, is insufficient under federal law. On Friday, October 16, 2009, the Advocacy Center filed a lawsuit on behalf of Mr. Matthews in federal court. The lawsuit alleges that, as a result of the City's failure to comply with Federal disability rights laws, Mr. Matthews has been discriminated against because he uses a wheelchair, and he has been denied access to the programs and performances at the Mahalia Jackson Theater for the Performing Arts. According to Susan Meyers, Managing Attorney at the Advocacy Center, “Over fifteen years have passed since the enactment of the Americans with Disabilities Act, and more than two decades since the enactment of the Rehabilitation Act. These statutes are clear in their mandates for the inclusion of individuals with disabilities in all areas of life. We are disappointed that the City failed to remember people with disabilities when it undertook the renovation to the Mahalia Jackson Theater for the Performing Arts. This theater should be available to all who wish to participate in the rich cultural traditions of performing arts in this community, but instead it excludes people based simply on their need to use a wheelchair.” For more information, email: advocacycenter@advocacyla.org The Advocacy Center is Louisiana's protection and advocacy system. Federal law requires that a protection and advocacy system operate in every state to protect the rights of persons with mental or physical disabilities. The Advocacy Center is also funded by the state to provide legal assistance to people residing in nursing homes in Louisiana, as well as to residents 60 years and older of Orleans, Plaquemines and St. Tammany Parishes (counties); and to advocate for the rights of group home and nursing home residents. Among the diverse services offered are legal representation, information and referral, outreach and training. The Advocacy Center is a tax-exempt, private non-profit corporation organized in 1978 and governed by a volunteer Board of Directors. It is based in New Orleans with branch offices in Baton Rouge, Lafayette, and Shreveport. |
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The Protection and Advocacy System for Louisiana ~ Serving People with Disabilities and Senior Citizens Advocacy Center |
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