Showing posts with label Lawsuit. Show all posts
Showing posts with label Lawsuit. Show all posts

Deaf Man Sues Pornhub For Lack Of Captions

Pornhub is being sued by a Deaf man because only a small percentage of the videos uploaded onto the website are captioned.


PHOENIX -- A man is reportedly suing an adult video website for alleged rights violations because there is a lack of closed captioning on at least some videos.

According to TMZ, Yaroslav Suris' lawsuit against Pornhub claims the lack of closed captioning violates the rights of Deaf and Hearing-Impaired under the Americans with Disabilities Act (ADA) of the United States Code.

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In court documents cited by TMZ, Suris claims the Deaf and Hearing Impaired can't understand the audio portion of videos on the websites, and listed a number of videos that the man watched, but couldn't understand the dialogue.

In the documents, Suris reportedly claims he and those in similar situations would pay money for a premium subscription, but calls it pointless without the subtitles.

Suris, according to the TMZ report, is suing for Pornhub to add closed captioning, in addition to damages. Pornhub officials told TMZ the website does have a closed captions category, and says the company generally does not comment on active lawsuits. This is not the first time the issue of closed captioning for online videos has been in the spotlight.

According to a 2015 report by the BBC, a YouTuber named Rikki Poynter raised awareness for closed captioning on YouTube. A video made by Poynter on the issue was cited by popular YouTuber Tyler Oakley as an inspiration for him to add closed captioning to all his videos on YouTube.

Rikki Poynter is a Deaf vlogger on YouTube. She makes content about Deaf awareness, accessibility/closed captioning awareness, mental health, feminism, and more, subscribe to Rikki Poynter Channel on YouTube.

SOURCE - FOX5NY

Follow @RikkiPoynter:
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YouTube: https://youtube.com/rikkipoynter
Website: http://rikkipoynter.com

Related Rikki Poynter:
Rikki Poynter In British Deaf News Magazine
Being Deaf and Socializing
Being Blind Versus Being Deaf
Deaf, Sex, and Communication - Rikki Poynter
Deaf Man Sues Pornhub For Lack Of Captions
Debunking Myths About Deaf People
Life Noggin: What Is It Like To Be Deaf
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Deaf Woman Suing Jack in the Box

Deaf California woman suing Jack in the Box fast food restaurant for refusing service at drive-thru.


SAN JOSE, California -- ReVae Arnaud-Jensen is not a confrontational woman. She describes herself as a hardworking, responsible, single mother of three.

But, when she tried to order at a Jack in the Box in Campbell on Aug. 31 and the man behind the counter refused her service, as captured on video, she knew she had to stand her ground.

Arnaud-Jensen is profoundly Deaf, no hearing at all. She was born that way. While she can read lips, she could not hear the voice over the speaker.

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When she proceeded to the next window to explain, the employee was angry that she was not responding. She stayed for two hours and never got her order.

Read More: Jack in the Box Worker Mocks Deaf Customer

"I was just fed up, the constant, you know, telling us to go, to go, when it should be equal access," she said.

There are approximately 40 million people who are Deaf or Hard of Hearing in the United States. Arnaud-Jensen says she is fighting for the entire community. It's one of the reasons why she posted the video on Facebook.

"I don't like confrontation, but I fight for equal access," she said.

Arnaud-Jensen says she spoke to the manager of the store and was told the employee was fired. But, she is standing her ground and even pursuing legal action for this reason.

"Things done to us, not okay, I will stand and fight for that, for everyone in the community, it's for you guys, the community, not me but for them, so there will be no more suffering for the Deaf community."

She says this kind of discrimination happens to her almost every day and it needs to stop. Arnaud-Jensen says she is demanding, at the very least, that Jack In The Box train their employees, including the CEO to understand Deaf culture.

ABC7 News reached out to Jack in the Box. In a statement, they sent ABC7 this response:

"We have been informed of the incident that took place between an employee and hearing-impaired guest, in the drive-thru at a Campbell, California restaurant on August 31st. We do not tolerate the mistreatment of any customers and expect employees to follow all training procedures, be respectful, courteous and accommodating to all guests. After a thorough investigation of the incident and direct contact with the local franchise owner, we understand the employee in the video has been terminated."

SOURCE - ABCNews

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Jack in the Box Worker Mocks Deaf Customer

Viral video shows Deaf California woman berated at Jack in the Box drive-thru for not using speaker to order, employee fired for refusing service.


CAMPBELL, California -- ReVae Arnaud-Jensen is not a confrontational woman. She describes herself as a hardworking, responsible, single mother of three.

But, when she tried to order at a Jack in the Box in Campbell on Aug. 31 and the man behind the counter refused her service, as captured on video, she knew she had to stand her ground.

Arnaud-Jensen is profoundly Deaf, no hearing at all. She was born that way. While she can read lips, she could not hear the voice over the speaker.

To activate this feature, press the "CC" button.

When she proceeded to the next window to explain, the employee was angry that she was not responding. She stayed for two hours and never got her order.

"I was just fed up, the constant, you know, telling us to go, to go, when it should be equal access," she said.

There are approximately 40 million people who are Deaf or Hard of Hearing in the United States. Arnaud-Jensen says she is fighting for the entire community. It's one of the reasons why she posted the video on Facebook.

"I don't like confrontation, but I fight for equal access," she said.

Arnaud-Jensen says she spoke to the manager of the store and was told the employee was fired. But, she is standing her ground and even pursuing legal action for this reason.

Read More: Deaf Woman Suing Jack in the Box

"Things done to us, not okay, I will stand and fight for that, for everyone in the community, it's for you guys, the community, not me but for them, so there will be no more suffering for the Deaf community."

She says this kind of discrimination happens to her almost every day and it needs to stop. Arnaud-Jensen says she is demanding, at the very least, that Jack In The Box train their employees, including the CEO to understand Deaf culture.

ABC7 News reached out to Jack in the Box. In a statement, they sent ABC7 this response:

"We have been informed of the incident that took place between an employee and hearing-impaired guest, in the drive-thru at a Campbell, California restaurant on August 31st. We do not tolerate the mistreatment of any customers and expect employees to follow all training procedures, be respectful, courteous and accommodating to all guests. After a thorough investigation of the incident and direct contact with the local franchise owner, we understand the employee in the video has been terminated."

SOURCE - ABCNews

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Deaf Woman Suing Burger King

Deaf Oklahoma woman suing Burger King fast food restaurant after she was refused service because she's Deaf.


OKLAHOMA CITY -- An Oklahoma woman says she was refused service at a metro Burger King because she’s Deaf. Rachel Hollis says she was stopping to get food after taking her two sons to hockey practice.

“I had my order ready, I had it typed on my phone. I do that often when I go through drive-thrus, it hasn’t ever been an issue," Hollis told News 4 through an interpreter. "I show him my order, and he gives me this face of frustration.”

Hollis says she started taking a video of the incident because she was feeling uneasy, then in the video you can see the employee hand her a note that says, “Can’t do a full order at the window. Too busy.”


Eventually, the employee comes back to the window and starts arguing with Hollis.

“You have to come inside. It’s too busy. Too busy ma’am, I can’t do a full order at the window I’m sorry," the employee says to Hollis. "It has nothing to do with your disability, I have a disability too."

After that, he slams the window shut. Hollis says one of the worst parts about the whole experience was that it happened with her kids in the car.

"I could tell they knew something was going on, I was just trying to keep them calm," Hollis said. "I said I’ll explain it to you when we get home. But they knew something was going on.”

Hollis says she tries to stay calm in that moment, but she’s tired of people being treated that way.

“When I got home, that was when I really broke down. I was very upset, I was crying, I was very tired. I’m tired of discrimination,” Hollis told News 4 through an interpreter. “I’ve never experienced anything like that, for someone to call the police. That’s crazy, it just doesn’t seem right.”

There`s a big update in the case of a Deaf woman who says she was denied service at a metro Burger King: Rachel Hollis has hired a legal team to represent her, claiming the restaurant is violating the Americans with Disabilities Act.


News 4 reached out to the Burger King corporate office about the situation, in a statement Burger King said:

All guests should be treated with respect and provided with a high level of service at our restaurants. The restaurant owner has reached out to the guest and her family to apologize, the employee was terminated and all employees at the location will undergo additional sensitivity training to ensure our customers always feel welcomed.

SOURCE - News4

Related Burger King:
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Starbucks Sued For Discrimination Deaf Employee
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Deaf Mum Sues Little Mix Concert Promoter

Deaf mum sues Little Mix promoter for not providing sign language interpreters at gig.


SUSSEX, United Kingdom -- How one mother's frustration turned into an unprecedented legal action. Eight-year-old Cate Merry and her friend Megan are big fans of Little Mix.

They've got the T-shirts, the photo albums, the CDs, can sing the songs and rock the dance routines.

So how did their love of the band lead to unprecedented legal action?


Last year, Cate's mum Sally Reynolds bought six tickets to see the band in concert on 1 September at the South of England Event Centre in Sussex.

Sally is Deaf and booked for herself and two Deaf friends to go with their daughters who are all able to hear.

In order that she and her two friends could fully access the performance, Sally asked the organisers, LHG Live, to provide a British Sign Language interpreter.

She was initially offered carer tickets and told that she could bring her own interpreter, but she didn't consider that met her needs or amounted to full access.

Speaking exclusively to the BBC, Sally explained: "We asked two or three times, please can you provide the interpreter for us, and the explanation we got back was just a 'no'.

"It didn't have any reason behind it and eventually we became so frustrated.

"I wanted to share the same experience my daughter had - essentially I just wanted access to the songs."

Legal Action - Under the Equality Act 2010, any organisation supplying a service to the public is under a duty to make reasonable adjustments to ensure that a disabled person's experience is as close as possible to that of someone without a disability.

With just days to go before the concert, and no interpreter in place, Sally took an unprecedented legal step... Read More on BBC News.

Follow BBC News on YouTube:
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Deaf Japanese Tourist Denied Terp at Airport

Discrimination complaint filed after Deaf Japanese woman detained at Honolulu airport by U.S. Customs and Border Protection.


HONOLULU, Hawaii -- An incident at the airport has the American Civil Liberties Union filing a discrimination complaint against a government agency.

The ACLU says a Deaf woman from Japan, who asked to remain anonymous, was detained by U.S. Customs and Border Protection officials on Jan. 31 shortly after landing in Honolulu, Hawaii.


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The ACLU says during that time, she repeatedly asked for an American Sign Language interpreter, but was instead forced to communicate by reading lips and writing.

During her overnight detention, the ACLU says she was handcuffed with her hands behind her back, which took away her ability to communicate.

“I was so scared and felt alone,” she said. “For people with deafness, being cut off from our ways of communicating is terrifying. I have traveled a lot, but have never experienced anything like this at any airport ever. With this complaint, I just want to make sure that other Deaf people coming through Hawaii’s airports are treated with basic respect and dignity, and that disabilities are accommodated.”

“The minimum dignity that you can afford someone is just the ability for them to communicate with you, and instead of doing that, they just denied her that right,” said ACLU legal director Mateo Caballero. “The ACLU’s complaint demands a full investigation and the training of custom and border agents so that other Deaf individuals do not experience the same traumatic detention practices as our client did.”

A U.S. Customs and Border Protection spokesman released the following statement in response:

“U.S. Customs and Border Protection (CBP) has received the complaint and will address these accusations once our investigation is completed. CBP takes accusations of mistreatment against travelers with disabilities very seriously. CBP officers receive extensive training in disability awareness and treat all travelers with disabilities with dignity, respect and professionalism.”

SOURCE - KHON2

Deaf Woman Fights Miami Hospital For Terp

Deaf News: Deaf woman fights Miami Hospital for interpreter in Florida.

MIAMI, FL -- Next week, next month or maybe next year -- she does not know exactly when -- Cheylla Silva will need to visit her local hospital again. And when that happens, Silva, who is Deaf, doesn't want to struggle just to communicate with doctors and nurses as she has the last two dozen times.

Silva communicates in American Sign Language, and she says she has labored to convey and comprehend the most basic information at Baptist Hospital Miami because the hospital has refused to provide an interpreter.

Instead, she has been directed to a Video Remote Interpreting system or VRI for communication. But the remote video service crashes, the feed can be choppy and it's hard to see when she's lying in a hospital bed with tubes in her arms or when a medical team has crowded into her room.

"Why does everything have to be a struggle?" Silva, 34, asked through an interpreter. "I just want to be able to communicate like anybody else."

On Wednesday, Silva was in federal court in Miami to argue that Baptist Hospital's refusal to provide a live interpreter violates the Americans with Disabilities Act. She filed the case against Baptist in 2014 along with John Paul Jebian, a Miami man who also is Deaf. A U.S. District Court judge dismissed the case a year later but Silva and Jebian are appealing.

The Justice Department's Civil Rights Division also weighed in on the case, filing a brief in support of Silva and Jebian's claims, and urging the federal appeals court to reverse the dismissal by U.S. District Judge Kathleen M. Williams.

The appeal centers on whether the remote video service -- which allows an interpreter to translate via video screen -- provides equal access and effective communication for a deaf patient as required by the ADA, said Matthew Dietz, an attorney with the Disability Independence Group, a nonprofit advocate for the disabled representing Silva and Jebian.

Dietz argued that system may work in some hospital settings, such as one-on-one meeting with a nurse or doctor, but it is ineffective and inadequate in others, such as during an MRI or X-ray, or during child birth or group therapy sessions.

He said Baptist's refusal to dedicate a high-speed, wide bandwidth Internet connection for the service also means blurry and choppy images, and repeated disconnections.

Deaf patients, Dietz said, "deserve to know what's happening to them."

SOURCE - EMSWorld

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Police Pays $25K Settlement With Deaf Man

Woonsocket Police Department reaches civil rights settlement with Deaf man who was arrested in Rhode Island.


PROVIDENCE, RI -- The Providence Journal: The City of Woonsocket has reached a settlement with a Deaf man police arrested and held overnight without providing him with a sign language interpreter or other communications assistance.

The Rhode Island affiliate of the American Civil Liberties Union and the Rhode Island Disability Law Center filed suit against the city and its police department on behalf of David Alves, a 25-year-old North Smithfield man who is profoundly Deaf. He accused the city of violating his rights by arresting him for allegedly making an obscene hand gesture.

In reaching the terms, the city did not admit fault but agreed to pay Alves $25,000 in damages and legal fees. In addition, it struck down a city ordinance that allowed police to charge an individual with disorderly conduct for using abusive or obscene language or making obscene hand gestures.

The city, too, agrees to put in place a policy and train staff to offer communications devices to people who are hearing impaired. Alves relies on American Sign Language to communicate.

According to the lawsuit, Alves was celebrating a friend's birthday in July 2015 at the City Side Club when a confrontation with a bouncer ensued. Two officers arrived and directed Alves to leave the club. The bouncer laughed as Alves started to leave, to which Alves responded by giving him the sign language version of "bull[expletive]." The sign entailed holding up his hand with his index and pinky fingers out and the middle two fingers held down with his thumb - a sign police mistook as giving them the finger.

Police officers David B. Wahl and other officers grabbed Alves, placed him in handcuffs and took him to the police station. He was charged with disorderly conduct for allegedly making an obscene gesture. He requested a sign language interpreter, which the police did not provide.

When a friend went to check on his status, an officer wrote a note back saying, "These things happen, he just needs to take it as a learning experience."

The next morning they released him and issued a summons to appear in Municipal Court. His father requested an interpreter at the hearing. Court employees refused to provide such services until being called by the Disability Law Center. The court dismissed the charge.

Plaintiff David Alves said in a statement: "This settlement will help send a very clear message to all law enforcement in the State of Rhode Island that they cannot violate anyone's civil rights. I hope this settlement will encourage other police departments across the state to also adopt effective communication policies for all who are Deaf and Hard of Hearing."

"I am pleased we were able to settle this case and vindicate the important principle that individuals have the power to challenge police practices that undermine basic constitutional rights," V. Edward Formisano, representing the ACLU, said.

SOURCE - The Providence Journal

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Deaf Man Beaten, Tasered and Choked by Police

California Deaf man beaten, tasered and choked by police for not understanding commands awarded $55,000 settlement.


LOS ANGELES -- PINAC News: After mistaking a Deaf man for a thief, beating him, tasering him and choking him because he was unable to understand their commands, the Hawthorne Police Department in southwest Los Angeles has settled a lawsuit for $55,000. The settlement was approved by the City Council on Tuesday in California.

The Deaf man identified as Jonathan Meister and co-plaintiff Greater Los Angeles Agency on Deafness Inc. will receive the settlement on the basis of civil rights violations under the Federal Americans with Disabilities Act.

Meister was at a friends house in February 2013 gathering items from his vehicle when a neighbor called police thinking he was a car thief, according to NBC Los Angeles.

Although there were four officers that responded to the call, Officers Jeffrey Salmon and Jeffrey Tysl were identified as the aggressors.

Once on scene, they yelled out to Meister and he in return motioned that he was Deaf.

The officers motioned for Meister to come towards them, which he did, but then they grabbed his wrists and placed his hands behind his back – a very uncomfortable position for Meister given the fact that he is Deaf and uses his hands to speak.

The lawsuit, which can be read here, describes how officers Salmon and Tysl got close to Meister and roughed him up. Amidst the miscommunication, Meister ran away from the officers who gave chase, only to catch him, fight with him more and taser him.

The officers pushed Meister up against the wall. Officer Salmon put Meister in a choke hold and subsequently kneed him twice in the abdomen.

Officer Tysl then punched Meister in the face repeatedly.

That was when Salmon shot Meister with a Taser X-26 which brought Meister careening to the ground. Officers kicked and elbowed Meister repeatedly while another officer shocked him a second time with the taser.

After a second choke hold and third Taser shock, Meister lost consciousness.

According to the suit, the officers, “shot taser darts into Mr. Meister, administered a number of painful electric shocks, struck him with fists and feet, and forcibly took him to the ground.”

“They ended up grabbing his arms and turning him around, and if you do that to a deaf person, it’s like gagging them. It would be like if I put my hand over your mouth if you try to tell me something,” says Meister’s lawyer John Burton.

Meister was arrested, taken to the hospital, and then into custody at the county jail, but officials dropped the charges at the jail due to the circumstances.

The suit claims Meister suffered, “extreme physical pain and suffering, humiliation, hardship, anxiety, and indignity, and severe mental and emotional anguish pain.”

Meister is a graduate of the University of Ohio and holds a Masters degree in Architecture. In a recollection of events, Meister’s wrote:

“I didn’t mean to resist — it’s ultimately my responsibility. But, with claustrophobia, logic gets pushed down a bit! I did not mean to resist, only to put space between myself and the officers so I could communicate.”

Per the settlement, the Hawthorne Police Department has pledged to change its communication and use of force policies regarding Deaf civilians. The new policy includes providing qualified interpreters to jailed deaf suspects, a booking video and transcript to describe the arrest process, and a video or TTY phone.

Just a few months ago in Charlotte, NC a Deaf man was shot and killed by a state highway patrol officer. The man lead officers on a brief high speed chase. When the chase came to an end, the Deaf man exited his vehicle charging at the officer on foot who in return fatally shot the man after repeated verbal commands to stop.

The North Carolina Highway Patrol officer has not yet been charged with a crime because the investigation is still pending.

SOURCE

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Deaf Immigrant Awarded $250K Settlement

Deaf Man receives $250K settlement after being jailed with no access to interpreter in Virginia.


ARLINGTON, Virginia -- NBC4 Washington: A Deaf man will receive a $250,000 settlement from the Arlington County Sheriff's Office after it failed to provide a sign language interpreter for him while he was jailed, the U.S. Attorney's Office announced Friday.

The man, Abreham Zemedagegehu, has said he spent part of his six-week stay at the Arlington County Detention Facility in 2014 unaware of the charges against him. The Justice Department launched an investigation into Zemedagegehu's claim last year.


NBC News covered a story about Abreham Zemedagegehu and his experience in jail without an interpreter.

"I felt like I was losing my mind," Zemedagegehu said through an interpreter in an interview at his lawyer's office. "I thought Virginia would give me an interpreter and they said no. That's why I felt lost."

Zemedagegehu also said the jail failed provide a communications device to help him communicate with his lawyer and performed medical procedures on him without explaining them or getting his consent.

A native of Ethiopia, he can communicate in American Sign Language but is largely unable to communicate in written English.

Zemedagegehu sued the sheriff's office in federal court, saying his treatment failed to meet the standards of the Americans with Disabilities Act (ADA).

Among the concerns raised in his lawsuit was the jail's reliance on teletypewriter devices to allow Deaf inmates to communicate with people outside the jail. The sheriff's office has defended its use of the TTY machine, but Zemedagegehu's lawsuit said the device is useless for someone who can't read English and obsolete because videophones are now used predominantly in the Deaf community.

Zemedagegehu's ordeal began Feb. 2, 2014, when he was arrested after being accused of stealing another man's iPad. He said he pleaded guilty to the charge because a plea bargain offered him a sentence of time served. Later, though, the man who accused him of the theft said he'd found the device and rescinded his accusation.

Under the settlement, the sheriff's office will pay $250,000 to Zemedagegehu, and must take steps to comply with the ADA. This includes appointing an ADA coordinator, providing ADA training to its staff, and ensuring that auxiliary aids and services are provided. The Justice Department said the sheriff's office has taken several steps to improve its ADA compliance even before finalizing the settlement agreement.

"People who are Deaf or Hard of Hearing must be able to communicate clearly with law enforcement officials," said Tracy Doherty-McCormick, First Assistant U.S. Attorney for the Eastern District of Virginia, in a statement Friday. "Through this settlement agreement, the Arlington County Sheriff has taken important steps to ensure that the operations of the Arlington County Detention Facility are in compliance with the Americans with Disabilities Act."

Source: Deaf Man Receives $250K Settlement After Being Jailed With No Access to Interpreter in Arlington | NBC4 Washington.

Follow us: @nbcwashington on Twitter | NBCWashington on Facebook

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Deaf Teacher Discriminated at Alberta School

Edmonton Public Schools must pay $15,000 for discriminating against an Alberta School for the Deaf teacher who is Deaf, a recent Alberta Human Rights tribunal decision says.


EDMONTON, AB -- Edmonton Journal: The school district breached human rights law in its dealings with teacher Gail Lidkea when her new service dog prompted them to move her to a small, isolated classroom and limit the dog’s movement around the school, human rights tribunal chairman William Johnson ruled last month.

Lidkea, who has profound hearing loss, had been teaching for 17 years when, in 2009, she became eligible for a service dog from the Lions Foundation of Canada, the ruling said. During training in Ontario, she discovered her new Labrador/golden-retriever cross, Widget, was supposed to stay with her most of the time and should not be left alone for more than three hours.

When her co-workers at the Grade 1-12 school found out Widget would come to the building daily, some raised concerns about their allergies and the possibility medically sensitive students in Lidkea’s class might be affected.

On the advice of a district administrator, the school’s principal put Lidkea on paid leave for three weeks while the school decided how to accommodate the dog and people sensitive to its dander.

“I was very anxious because I didn’t understand what was going on,” Lidkea testified at a human rights hearing. “I was upset. I was hurt and disappointed because I was hoping for a smooth transition, which wasn’t happening.”

The principal and district’s then-director of staff relations, meanwhile, were questioning Lidkea’s need for the service dog, according to emails exchanges submitted as exhibits to the commission.

Then-principal Sandra Mason wrote to her superior that although Lidkea’s dog was for safety and security, the school was purposefully designed for Deaf and Hard of Hearing students and staff.

“Am I, as the principal, going to be ‘set up’ for every other staff member to want to explore the same thing? (This may be a stretch but it is a concern for me and I can see this becoming an issue),” Mason wrote.

Without consulting Lidkea, the district assigned the teacher new classes in two small rooms in a remote part of the building. In an email to the principal, Lidkea said she was “heartbroken about losing the students I am so close to.”

The teacher was told to leave her dog in her classroom when she went to school events or made photocopies in the office. One time, she and her dog were told to stand in the doorway during a staff meeting to keep the dog away from an allergic co-worker.

“I feel alienated from my colleagues and the students. I feel anxious and uncertain when it becomes necessary to go to other locations in the building and I must leave Widget behind … I can’t help feel, however, that a certain amount of over-reaction is happening,” Lidkea wrote in a January 2010 letter to the school.

Lidkea continued to teach for two years in rooms she described as cramped, inappropriate for students with behavioural issues and full of safety hazards for students, Widget and herself. The isolation continued nearly two years after the school had ruled out allergies as a concern.

What happened after 2012 is unclear from the document. Lidkea could not be reached for comment.

The human rights tribunal chair said the school district could have found a more appropriate space for Lidkea to work, and failed to properly assess the health effects of the dog on other staff and students in the school.

Edmonton Public Schools did not provide a response to questions by Thursday evening.

Lidkea’s lawyer said he has not received any notice of appeal from the school district.

Johnson’s Oct. 14 ruling awarded Lidkea $15,000, plus interest from December 2009, for “mental anguish, injury to dignity and injury to self-respect.”

SOURCE - Edmonton Journal

Related: #DeafCanadians

McDonald's Refuses Interview Deaf Applicant

McDonald's pays up $56,000 to the EEOC after manager refuses to interview Deaf applicant in Missouri.

BELTON, MO -- (AP) McDonald's will pay a $56,500 settlement after a southeast Missouri restaurant manager refused to interview a Deaf job applicant.

The U.S. Equal Employment Opportunity Commission on Tuesday announced the settlement with McDonald's Corp. and McDonald's Restaurants. A message seeking comment from the Oak Brook, Illinois-based company was not immediately returned.

The EEOC says a young man who can't hear or speak applied online in 2012 to work at the McDonald's in Belton, Mo. He had previous experience as a cook and cleanup team member at a McDonald's restaurant in another state.

A lawsuit filed by the EEOC says that when the restaurant manager learned the applicant needed a sign language interpreter for his interview, she canceled the interview, even though the applicant's sister volunteered to interpret.

SOURCE - ChicagoTribune

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Ignoring Deaf Customer Cost Cab Company $42K

Deaf News: New Jersey's Passaic Cab Company accused of ignoring Deaf customer must pay $42K.



PATERSON, NJ -- Patch: Nicole Perkins contacted the company 3 times while waiting in heavy snow but was hung up and told to stop calling, officials said.

A Passaic County company who ignored and hung up on a Deaf woman's attempts to get cab during a snowstorm in 2014 was hit with a $42,000 judgement, state Attorney General Christopher S. Porrino announced Monday.

Superior Court Judge Thomas J. LaConte ruled that Clifton Taxi and Limousine Inc. violated the New Jersey Law Against Discrimination and unlawfully denied service to Nicole Perkins, who is Deaf.

Perkins, of Jamaica, New York, contacted the company three times through a telecommunications relay service during a state of emergency and snowstorm in January 2014. Perkins was waiting for a bus that was delayed in Clifton and called the company, according to the complaint the state Division of Civil Rights filed against Clifton Taxi.

The relay service allows Perkins to make calls by sending text messages from her cell phone to a relay operator.

An operator called the company, advising them that she was assisting a Deaf Caller, but was hung up on twice. On the third call, someone at Clifton Taxi picked up and allegedly responded, "Please stop calling" and then hung up, the complaint said.

The company must pay Perkins $6,000 for emotional distress, $20,000 in penalties, and $16,000 in attorney fees.

Under federal law, all telecommunications providers are required to provide telecommunications relay services. Through these services, an individual who is Deaf, Hard of Hearing or has a speech disability can communicate in real time by telephone.

“Setting aside for a moment the egregious nature of the circumstances - a deaf woman being hung up on three times as she sought a ride to escape an oncoming blizzard - the fact is that businesses and other places of public accommodation can’t simply ignore a Deaf or Hard of Hearing person trying to communicate through a relay service,” Attorney General Porrino said in a statement. "This is an important outcome, because it puts service providers and other businesses on notice that we’re serious about protecting the rights of persons with hearing and other disabilities, and that we will hold accountable anyone who fails to follow the law.”

SOURCE - Patch

Deaf Woman Refused Service At Dunkin Donuts

Massachusettsians show support after Deaf woman is refused service at Dunkin Donuts drive-thru.


FRAMINGHAM, MA -- FOX News: A Deaf woman who was outraged by the way a Dunkin Donuts employee treated her is getting support from her community.

Jessica Sanzillo said she's a frequent customer at a Framingham Dunkin Donuts and uses a texting app to order through the drive-thru.

But when she drove up one day, she was refused service because she wouldn't use the speaker. On Sunday, Sanzillo and several others went through that drive-thru and ordered like a Deaf person would.

They hope this sends a message to others.

"To see, to get them the experience of people that work at Dunkin Donuts. To know what it's like for when a Deaf person is going to come through the drive-thru and how to approach that better in the future,” Sanzillo told FOX25 through an interpreter Friday.

Hearing people and other who have Deaf families members came out to the rally as well.

"As a parent of a Deaf child, I would never want William to be excluded from anything and so thinking of him wanting to get a cup of coffee later in life and being told he couldn't go through the drive thru like everybody else really upset me,” one parent said.

Dunkin Donuts did apologize for that initial incident and said the employee involved has been fired.

SOURCE - FOX News

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Deaf Movie Fans Sues Celebration! Cinemas

Deaf News: Celebration! Cinemas sued for failing to accommodate Deaf, Hard of Hearing in Michigan.


BENTON HARBOR, MI -- West Michigan movie fans who are Deaf and Hard of Hearing are suing Celebration! Cinemas for discrimination, alleging their Benton Harbor theater fails to provide widely available captioning accommodations.

Graham Forsey, 23, a St. Joseph resident who is Deaf, alongside the National Association of the Deaf filed a lawsuit Monday against Loeks Theatres, Inc., also known as Celebration! Cinemas. Forsey says he asked the Benton Harbor theater multiple times in writing to provide captioning and Celebration! Cinemas failed to accommodate, according to the lawsuit.

Read the full lawsuit here.

“It’s about access," said Mary Vargas, an attorney representing the plaintiffs. "It’s about Mr. Forsey and members of the National Association of the Deaf being able to go to the movies.”

A non-profit representing more than 137,000 Michiganders who are Deaf and Hard of Hearing, the NAD is suing Celebration! Cinemas with Forsey stating this failure to provide captioning technology violates a basic civil right as specified under the Americans with Disabilities Act among other laws. Meanwhile, Forsey says he is forced to drive about an hour to another movie theater which accommodates him.

Celebration! Cinemas responded to FOX 17 Monday and confirmed their Benton Harbor theater does not have any captioning accommodations, releasing this statement:

"We’re fully aware of the issues surrounding this complaint and new technologies will help resolve it very soon.

The National Association of Theatre Owners (NATO) has been working actively with advocacy groups to clarify updated standards for supporting the Deaf community. These standards are currently being reviewed by the Department of Justice, and we expect a ruling from them in the very near future.

Celebration! Cinema is committed to continuing to improve services for all of our guests, and we are looking forward to the approval of these standards so we can continue to invest in closed captioning technology. Currently, we have assisted listening devices in all locations and closed captioning in our Grand Rapids and Lansing, MI markets. Benton Harbor and other locations will receive captioning equipment in the coming months upon the adoption of the new standards.

Technological solutions for visually and hearing impaired guests are evolving at a rapid rate. We look forward to working collaboratively with NATO and advocacy groups both locally and nationally on this topic.

Steve VanWagoner, VP of Marketing & Public Relations, Celebration! Cinema"

Closed captioning technology is readily available at other movie theaters. It ranges from open captioning an entire audience would see, to captioning glasses, or individual devices that fit onto a theater seat.

"It's frustrating because it’s been so many years since this was a legal requirement for theaters," said Vargas. "There are roughly 137,000 people in the state of Michigan who are Deaf and Hard of Hearing, and guess what? They’re just like everybody else. They like to go to the movies.”

SOURCE - FOX NEWS

Deaf Woman Sues Taco Bell Over Drive-Thru

Deaf New Jersey woman sues Taco Bell over drive-thru orders.


TRENTON, NJ -- A Deaf Atlantic City woman who primarily communicates in sign language is suing Taco Bell, saying she found it difficult, if not impossible, to order two tacos at the fast-food chain's drive-thru window.

To activate this feature, press the "CC" button.

Gina Cirrincione said in her federal lawsuit that on Jan. 11, she wrote her order on a slip of paper and handed it to an employee at the drive-thru pickup window at a Taco Bell in Pleasantville, New Jersey.

Her video of the exchange, provided to The Associated Press by her lawyer, showed an employee trying to explain that orders are placed at the start of the drive-thru.

"I will do it this one time," he then said. "I want you to understand me, one time. After that, no more. After that, no more. Come inside. OK, is that fair?"

On March 15, Cirrincione said, she wrote her order on a slip of paper and handed it to a drive-thru employee at a Taco Bell in Atlantic City. The note was returned and the window was shut without the order or an explanation, she said. She said she entered the store and was ignored.

Taco Bell's drive-thru system requires a customer to hear and speak, making it inaccessible to the Deaf in violation of the Americans With Disabilities Act, the lawsuit claims.

Taco Bell spokeswoman Laura Nedbal said in a statement Friday to the AP that the California-based company had not yet received the lawsuit so could not comment on it. However, she added, "Taco Bell has a fundamental policy to respect all of our customers and employees, and we are committed to maintaining an environment free of discrimination or harassment."

Cirrincione wants Taco Bell to develop a policy to consider the needs of Deaf customers and to train employees about their rights. She also is seeking punitive and compensatory damages.

"With today's technology and the sophistication of Taco Bell, there is no excuse that their drive-thrus cannot be accessible," said attorney Eric Baum of The Eisenberg & Baum Law Center For The Deaf and Hard of Hearing, who is representing Cirrincione.

SOURCE - BigStory

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