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On
December 13, 2003 plaintiff in pro per Jacquelyn Finney, who
is totally disabled, complained to Presiding Justice Judith
McConnell (California Fourth District Court of Appeals) that
the Court's website violated The Americans with Disabilities
Act (ADA), Title II. She stated that:
"I
have reviewed the Appeals Court's website numerous times and
have not found any reference whatsoever to disability or accommodations
for disability, or any reference to the Americans with Disabilities
Act and California Rule of Court 989.3. Your Court's information
regarding original Writ procedures is minimally informative.
A disabled person, especially someone suffering from my severe
impairments, must be assisted by the Court, or it is more likely
than not, that the person's right to access your Court may be
violated."
On
December 22, 2003, Justice McConnell's clerk telephoned Mrs.
Finney, stating that her complaint had caused Judge McConnell
to revise the Court's website to prominently reflect ADA accommodations.
In
January, 2004, the Court's homepage was revised to disclose
for the first time that ADA accommodations were available, as
well as to identify the ADA Coordinator:
"Americans
with Disability Act (ADA) - If you require an ADA
accommodation, please contact Leisa Biggers at (619) 645-2760
to
discuss the specific accommodations needed."
Only
Mrs. Finney's initiative and persistence caused this Court's
attitude adjustment that purports to recognize the rights of
disabled persons. ADA was enacted in 1990. In 2004, 14 years
later, only outside pressure from a disabled litigant (without
attorney representation) caused the Appeals Court to even recognize
its responsibility.
Since
the publication of his book How to Play HMO HARDBALL, author
Robert Finney and Mrs. Finney have applied the book's self-advocacy
system to solve problems from the exam room to the courtroom.
On
October 11, 2002, Mrs. Finney filed a lawsuit in California
State Court, when the California Department of Managed Health
Care (DMHC), Kaiser Permanente and its doctors played "HMO
HARDBALL" to wrongly deny medical benefits. The State and
the HMO violated her Constitutional right to speak with her
doctors without prior restraint and censorship.
On
January 23, 2004, Mrs. Finney filed an ADA lawsuit in federal
court to end discrimination by all California courts. The Judicial
Council of California enacted a policy (Rule 989.3) which discriminates
against disabled litigants by violating their Constitutional
rights to access and to petition state courts.
Related
links:
Runaway Judges
Petition of Right
9th Circuit ADA Appeal
BATTLE
OVER THE COURTS - Cover story
MORAL
AUTHTORITY - Editorial
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