VINCENT G. TORPY, JR Ai) CHIEF JUDGE R 1

VINCENT G. TORPY, JRCHIEF JUDGE Ai)

JACQUELINE R. GRIFFINTHOMASD SAWAYAWILLIAM D PALMER

RICHARD B ORFINGERC ALAN LAWSON DISTRICT COURT OF APPEAL

KERRY I. EVANOER FIFTH DISTRICTJAY P. COHEN

WENDYW BERGER 300 SOUTH BEACH STREETF. RAND WALLIS DAYTONA BEACH, FLORIDA 32114

JUDGES

June 18, 2015

Hon. John A Tomasno, ClerkSupreme Court of FloridaSupreme Court BuildingTallahassee, Florida 32399-1927

Re: Neil Gillespie Appeal No. 5D15-340V. Trial Court No: 2013-CA-115Reverse Mortgage Solutions Inc Trial Court Judge: Hale Stancil

Dear Mr. Tomasino:

PAMELAR MASTERSC LE R 1<

CHARI ES R CQAWORflMr.'" .

Attached is a certified copy of the Notice of Appeal pursuant to Rule 9.120, Florida Rules ofAppellate Procedure. Attached also is this Court's opinion or decision relevant to this case

LI The filing fee prescribed by Section 25.241(3), Florida Statutes, was receIved by

this court and is also attached.

LI The filing fee prescribed by Section 25.241(3), Florida Statutes, was not received

by this Court.

z Petitioner/Appellant has been previously determined insolvent by this Circuit Court

or our court.

No filing fee is required because:

LI Summary Appeal (Rule 9.141)Li Unemployment Appeals Commission

Habeas CorpusD Juvenile caseLI Other ________________________

If there are any questions regarding this matter, please do not hesitate to contact this Office.

Sincerely,

PAMELA R. MASTERS, CLERK

By:Deputy Clerk

Attachmentscc: Neil GillesDie - Curtis Alan Wilson, Esa

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFIFTH DISTRICT

NEIL J. GILLESPIE, ETC.,

Appellant,

V.

REVERSE MORTGAGESOLUTIONS, INC., ET AL.,

Appellee.I

DATE: February 19, 2015

BY ORDER OF THE COURT:

CASE NO. 5D15-0340

Upon consideration of the February 16, 2015, order of insolvency issued

by the lower tribunal, it ¡s

ORDERED that the January 26, 2015, Order of this Court is withdrawn

and the above-styled cause shall proceed without payment of the filing fee required by

Section 35.22(3), Florida Statutes.

I hereby certify that the foregoing is(a true copy of) the original Court order.

'.Dimir,

' AoAkPAMELA R. MASTERS, CLERK

cc:

Neil J. Gillespie

,. .. .

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I hereby certify that the above and foregoing is atrue copy of instrument filed in my office.

JOANNE R SIMMONS, CLERKDISTRtCT COURT OF APPEAL OF ¡

Per

Deputy Clerk

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IN THE DISTRICT COURT OF APPEALFOR THE FIFTH DISTRICT, FLORIDA


Appellant,

vs.

REVERSE MORTGAGE SOLUTIONS,INC.,

Appellees.

APPEAL NO. 51)15-0340

Li'. 2013-CA-000 H 542-2013-CA-0001 5-AXXX-XXMARION COUNTY, FLORIDA

Residential Home Foreclosu re CaseFlorida Homestead ofNeil J. GillespieHECMReverse Mortgage Foreclosure

NOTICE OF APPEALSUPREME COURT CERTIFICATION

Appellant pro se Neil J. Gillespie, an indigentlinsolvent nonlawyer, unable to obtain

adequate counsel, a person with disabilities, and a consumer oflegal and court services affecting

interstate commerce, in the first person, gives notice ofappeal ofthe attached opinion, and

certifies to the Florida Supreme Court a question ofgreat public importance. and states:

The attached Order of the Court May I 8, 20 1 5 states:

Inasmuch as the period oftime for responding to the April 27, 2015. order to show causewas extended at Appellant's request to May 11, 2015, and that period has expired withouta response being filed, it is

ORDERED that Appellant's failure to prosecute the appeal, the above-styled cause isdismissed pursuant to the Florida Rule ofAppellant Procedure 9.4 10.

2. The Order, entered by Clerk Joanne P. Simmons ofthe Fifth District Court of Appeal,

misstates the facts. My initial filing was 36 pages and received January 28, 2015 at 4:03 PM,

page 1 of which is attached. Subsequently I became ill due to type 2 diabetes and glucose

readings approaching 500. 1 made additional filings that Clerk Simmons wrongly removed from

the docket. I got no response to my Title II ADA disability request filed May i 2, 2015.

Certified question: Is the Am es Act recogniied in Florida ('ouris?I hereby certify that the above and foregoing is a

true copy of instrument filed in my office,JOANNE R SIMMONS, CLERKDISTRICTCOURTOFAPPEALOF /5

Pnr

RESPECTFULLY SUBMITTED June 17, 2015.

Neil J. Gillespie, pro se8092 SW 115th LoopOcala, Florida 34481Telephone: (352) 854-7807Email: neiIgillespie(mfì.net

Certificate of Service

I hereby certify that! served the foregoing on Mr. Wilson June 17, 2015.

Mr. Curtis Alan WilsonMcCalla Raymer, LLC225 E. Robinson Street, Ste. 660Orlando, FL 32801Email : MRServicemccallaraymer.com

Neil J. Gillespie, pro se

èe'-,- . - . --- Deputy Clerk



Appellant,

V.


Appellee./

DATE: May 16, 2015


t_ s-cJCASE NO. 5D15-0340

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Inasmuch as the period oftime for responding to the April 27, 2015, order

to show cause was extended at Appellant's request to May 11, 2015, and that period

has expired without a response being filed, it is

ORDERED that due to Appellant's failure to prosecute this appeal, the

above-styled cause is dismissed pursuantto Florida Rule ofAppellate Procedure 9.410.


I Ç -:--

JOANNE P. SIMMONS, CLERK,/, '-

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cc:

Curtis A. Wilson Neil J. Gillespie

1iling22991549E-FiIec1U1/26/2U!5 II5rOOPM

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\EtL J. (iILLESPJE \D \IARK GiLLESPIEAS CO-TRUSTEES OF THE GILLESPIEFAMiLY LIVING TRUST AGREEMENTDATED FEBRUARY lO, 1997, ET AL.

DEFENDANTS NOTICE OF APPEAL. MOTION TO STAY PENDING APPEAL, ANDMOTION TO COMPEl. PLAINTIFF TO OBTAIN COUNSEL FOR UNKNOWN PARTIES

I)efendants Nei! J. Gillespie. individually, and as tnistee per F S Ch 73 Part III. a

pet-SL)lì id disab!itts, )ìcucefoit! ii Wc ír : ft : :

\!aL1ue: . OLiL ;t : ..

nIu\c L C cur i i ' :

I I give notice at tI)PCL! t the F Eh L)LstIct C 'ourt ol Appeal s, UI the Fftndu SLiprenle

Court on Pt!tIon For Writ of Prohibition. the ORE)ER FROM CASE MANAGEMENT

CO\FERENCE entered by Judge Hale R Stancl ofiliis Coini January c, 21)1 A copy of the

ORDER signed by Jud'e Statici! appears at Exhibit i

2 The ORI)FR FRO\ i (ASE . MANAGENIENT CONFERENCE Exhihit I ) sined by

Judge Stancil Ja!-nlal-\ b, 20 1 5. shows ii wiìs docketed on Januar' 7, 29 1 5, but not mailed until

inu3ry . 20 1 . cüd tì i a tatnp on last iae ut tue Ser ce I ist

fh Sercc i st to th ORDER FR( )\í CASE \ I ANAGJ IFNi (:( \1 FRI \(F' .

i gt- h ! J . .

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!ud FLUÍ i w:

Marion Counts', FL David R [lispermanu, Clerk 1/26/20 1 5 1 1 :55.00 PM



Appellant,

V.


Appeflee.I

DATE: May 18, 2015


CASE NO. 5D15-0340

Inasmuch as the period of time for responding to the April 27, 2015, order

to show cause was extended at Appellants request to May 1 1 , 201 5, and that period

has expired without a response being filed, it is

ORDERED that due to Appellant's failure to prosecute this appeal, the

above-styled cause ¡s dismissed pursuant to Florida Rule ofAppellate Procedure 9.410.


RI r

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(24 1. /ì,.

JOANNE R SIMMONS, CLERKOF

f hereby certify that the above and foregoing ¡s acc:true copy of instrument ffled in my office.

JOANNE R SIMMONS, CLERKCurtis A. Wilson Neil J. GillespieDISTRICICOURTOFAPPEALOF

Per

t

Deputy Clerk

VIA Email to [email protected] May 28, 2015Debbie HowellsExecutive Assistant to the State Courts AdministratorOffice of the State Courts Administrator (OSCA)Supreme Court Building500 S. Duval StreetTallahassee, Florida 32399-1900Telephone: 850-922-4370

RE: Statement of Grievance, FIFTH DISTRICT COURT OF APPEALAmericans with Disabilities Act 1990 (ADA), the ADA Amendments Act 2008,and the Rehabilitation Act of 1973, as amended

Dear Ms. Howells:

Please find attached my Statement of Grievance, FIFTH DISTRICT COURT OF APPEAL. Takenote that the grievance form for the ADA 1990 PL 101-336 on OSCA’s website is outdated.

Americans with Disabilities Act (ADA) of 1990, Public Law 101-336ADA Amendments Act 2008, Public Law 110-325

Florida/OSCA gets federal funding and is subject to the Rehabilitation Act of 1973, as amended.I formally request the Statement of Grievance be made accessible as a “live” form to complete.

Please find attached:

1 Statement of Grievance, FIFTH DISTRICT COURT OF APPEAL2 ADA Title II disability request of Neil J. Gillespie3 ADA Cover Letter to Charles Crawford 5th DCA May-12-20154 email NJG to names5 ADA Amendments Act 20086 ADA-Proclamation 07-1-20107 ADA-Proclamation 04-10-20158 Florida Bar Journal, Court urges all bars to get right with the ADA 2p

If you require anything else, please contact me. Thank you. Sincerely,

8092 SW 115th LoopOcala, Florida 34481Phone: 352-854-7807Email: [email protected]

cc: Thomas A. David (Tad), General Counsel, [email protected] 1-8 as shown; all the original ADA Title II attachments are available on request.

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Neil Gillespie

From: "Tad David" <[email protected]>To: "Neil Gillespie" <[email protected]>Sent: Thursday, May 28, 2015 5:18 PMAttach: ATT00026.txtSubject: Read: ADA grievance May-28-2015 to Debbie Howells

Page 1 of 1

6/18/2015

Your message To: Tad David Subject: ADA grievance May-28-2015 to Debbie Howells Sent: Thursday, May 28, 2015 5:06:35 PM (UTC-05:00) Eastern Time (US & Canada) was read on Thursday, May 28, 2015 5:17:59 PM (UTC-05:00) Eastern Time (US & Canada).

Americans with Disabilities Act of 1990 Statement of Grievance

Name of Individual Making the Complaint _______________________

Address _________________________________________________

City ____________________________________________________

State ___________________________________________________

Zip _____________________________________________________

Day Telephone ____________________________________________

Evening Telephone _________________________________________

Complete the following section if the complaint is being filed by a person other than the individual making the complaint:

Complaint Filed By _________________________________________

Title (if appropriate) ________________________________________

Firm (if appropriate) _______________________________________

Address _________________________________________________

City ____________________________________________________

State ___________________________________________________

Zip _____________________________________________________

Day Telephone ____________________________________________

Evening Telephone _________________________________________

------------------------------------------------------------------------------- This section is for court use only:

Date Filed ___________________________ Time Filed ___________________

Complaint Taken By ___________________________________________________ Staff Person’s Name

Florida

19047

352-854-7807

352-854-7807

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

Ocala

8092 SW 115th Loop

Neil J. Gillespie

34481

Complainant’s Last Name ___________________________________

1. Name the court or court facility in which the violation is alleged to have occurred

___________________________________________________

2. Describe what happened that led to the decision to file this complaint. (If necessary, use an additional page to complete the statement.)

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Neil J. Gillespie

FIFTH DISTRICT COURT OF APPEAL

On May 12, 2015 I submitted a completed Title II ADA Accommodation Request to

Charles Crawford by email at [email protected]. Attached is the form I submitted,

ADA TITLE II ACCOMMODATION REQUEST FORM, and three page cover letter.

The cover letter shows additional documents I submitted. I did not get a response.

I did not get an accommodation.

Complainant’s Last Name ___________________________________

3. State the desired remedy or the solution requested

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

4. List those witnesses who can provide information that supports or is relevant to your complaint

Witness _____________________________________________

Address _____________________________________________

City ________________________________________________

State _______________________________________________

Zip ________________________________________________

Day Telephone _______________________________________

Evening Telephone ____________________________________

Witness _____________________________________________

Address _____________________________________________

City ________________________________________________

State _______________________________________________

Zip ________________________________________________

Day Telephone _______________________________________

Evening Telephone ____________________________________

Neil J. Gillespie

Provide the accommodation requested ON THE FORM. Provide a written response.

Charles R. Crawford, Marshal, [email protected]

Fifth District Court of Appeal

Dr. John H. Armstrong, MD, FACS, Surgeon General and Secretary Health

Florida Department of Health, [email protected]

FLORIDA STATE COURTS SYSTEM ADA TITLE II ACCOMMODATION REQUEST FORM1

FIFTH DISTRICT COURT OF APPEAL

RIGHT TO AN ACCOMMODATION

If you are an individual with a disability who needs an accommodation in order to participate ina court proceeding or other court service, program, or activity, you are entitled, at no cost toyou, to the provision of certain assistance. Requests for accommodations may be presented onthis form, in another written format, or orally. Please complete the attached form and return itto Charles Crawford, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach,Florida 32114, or FAX: 386 947 1568, as far in advance as possible, but preferably at leastseven (7) days before your scheduled court appearance or other court activity.

Upon request by a qualified individual with a disability, this document will be madeavailable in an alternate format. If you need assistance in completing this form dueto your disability, or to request this document in an alternate format, please contactCharles Crawford, Fifth District Court of Appeal, 300 South Beach Street, DaytonaBeach, Florida, 32114; Phone: 386 947 1544.

ADA ACCOMMODATIONS PROVIDED BY FLORIDA COURTS

Pursuant to Title II of the Americans with Disabilities Act the Florida State Courts System willmake reasonable modifications in policies, practices, and procedures; furnish auxiliary aids andservices; and afford program accessibility through the provision of accessible facilities, therelocation of services or programs, or the provision of services at alternative sites, asappropriate and necessary.

Examples of auxiliary aids or services that the State Courts System may provide for qualifiedindividuals with disabilities include:

Assistive listening devicesQualified ASL or other types of interpreters for persons with hearing lossCommunication access real time translation / Real time transcription servicesAccessible formats such as large print, Braille, electronic document, or audio tapesQualified readers

1 This form was developed for use by individuals with disabilities who may require amodification in a policy, provision of an auxiliary aid or service, or assignment to an accessiblelocation in order to participate in a court proceeding or other court service, program, or activitythat is covered by Title II of the Americans with Disabilities Act. Court employees withdisabilities who need a reasonable accommodation to be able to perform the essentialfunctions of their jobs should contact their immediate supervisor, the ADA coordinator for theircourt, the OSCA Office of Personnel Services, or the State Courts ADA Coordinator.

Rev. 11/13

Florida State Courts System Rev. 11/13 Page 2 ADA Accommodation Request Form

Accommodations that are granted by the state courts are made at no cost to qualifiedindividuals with disabilities.2

AIDS/SERVICES COURTS CANNOT ADMINISTRATIVELY GRANT AS ADAACCOMMODATIONS

Examples of aids or services the Florida State Courts System cannot provide as anaccommodation under Title II of the Americans with Disabilities Act include:

Transportation to and from the courthouseLegal counsel or adviceAn official transcript of a court proceedingPersonal devices such as wheelchairs, hearing aids, or prescription eyeglassesPersonal services such as medical or attendant careReaders for personal use or study

Additionally, the courts cannot administratively grant, as an ADA accommodation, requests thatimpact court procedures within a specific case. Requests for an extension of time, a change ofvenue, or participation in court proceedings by telephone or videoconferencing must besubmitted by written motion to the presiding judge as part of the case. The judge may consideran individual’s disability, along with other relevant factors, in granting or denying the motion.

Furthermore, the court cannot exceed the law in granting a request for an accommodation. Forexample, the court cannot extend the statute of limitations for filing an action becausesomeone claims that he or she could not make it to the court on time due to a disability, norcan the court modify the terms of agreements among parties as an ADA accommodation.

Finally, the Americans with Disabilities Act (ADA) does not require the court system to take anyaction that would fundamentally alter the nature of court programs, services, or activities, orthat would impose an undue financial or administrative burden on the courts.

2 Please note that providing accommodations for some individuals with disabilities who appearin the courtroom as part of their employment duties or professional practice is a responsibilitythat appropriately may be shared by the individual’s employer and the courts. Title I of theAmericans with Disabilities Act requires employers of 15 or more employees and Title II of theAmericans with Disabilities Act requires all state and local government employers to providereasonable accommodations to qualified employees with disabilities. In addition, Section 504of the Rehabilitation Act of 1973, as amended, covers recipients of federal funding, andrequires all covered organizations to provide accommodations for their employees. Theseresponsibilities are concomitant with the courts’ responsibility under Title II of the ADA. It is toeveryone’s benefit when employers and the court system work together to ensure thatreasonable accommodations for individuals with disabilities are provided in the most efficientand cost effective manner.

DOCUMENTATION OF THE NEED FOR AUXILIARY AIDS AND SERVICES

If an individual has a disability that is not obvious, or when it is not readily apparent how arequested accommodation relates to an individual’s impairment, it may be necessary for thecourt to require the individual to provide documentation from a qualified health care providerin order for the court to fully and fairly evaluate the accommodation request. Theseinformation requests will be limited to documentation that (a) establishes the existence of adisability; (b) identifies the individual’s functional limitations; and (c) describes how therequested accommodation addresses those limitations. Any cost to obtain such documentationis the obligation of the person requesting the accommodation.


FLORIDA STATE COURTS SYSTEM TITLE II ADA ACCOMMODATION REQUEST FORM

Please return this completed form to: Charles Crawford, Fifth District Court of Appeal, 300South Beach Street, Daytona Beach, Florida 32114, or FAX 386 947 1568, as far in advanceas possible, but preferably at least seven (7) days before your scheduled courtappearance or other court activity.

1. Date request submitted: ______/______/______

2. Person needing accommodation

Name: _________________________________________________________________

Are you (please check one of the following seven options):

[ ] Defendant [ ] Litigant/Party [ ] Witness [ ] Juror [ ] Victim [ ] Attorney

[ ] Other (please specify): __________________________________________________

3. Contact information for person needing accommodation

Street or P.O. Box: ________________________________________________________

City: ___________________________________________________________________

State: ___________________________________ Zip Code: _____________________

Telephone Number (include area code): ______________________________________

Email Address: ___________________________________________________________

4. Person making request (if other than the person needing the accommodation)

Name: _________________________________________________________________

Telephone Number (include area code): ______________________________________

Email Address: __________________________________________________________

Relationship to person needing an accommodation: ____________________________

5. Case information (if applicable)

Style of case (case title), if known: __________________________________________

Case number, if known: __________________________________________________

Judge, if known: ________________________________________________________

Date accommodation needed: ______________________________________________

Time accommodation needed: ______________________________________________

Location (courthouse/courtroom) accommodation needed: _______________________

Duration for which the accommodation is requested: ____________________________

Type of case, if known (please check one of the following ten options):

[ ] appeal [ ] circuit criminal [ ] circuit civil [ ] family court


05 12 2015

Neil J. Gillespie

✔

✔ Consumer court services affecting interstate commerce

8092 SW 115th LoopOcala

Florida 352-854-7807

352-854-7807

[email protected]

n/a

n/a

n/an/a

Gillespie v. Reverse Mortgage Solutions, Inc.

Appeal No. 5D15-0340; Petition No. 5D15-0340

unknown/unassigned. I believe the Clerk is making rulings nowNow and for the duration of all my cases

24/7not yet assigned

for the duration of all my cases

✔

[ ] probate, guardianship, or mental health [ ] county criminal [ ] county civil

[ ] traffic court [ ] small claim [ ] other (please specify) ____________________

Type of proceeding, if known (please check one of the following six options):

[ ] arraignment [ ] bond hearing [ ] hearing [ ] trial [ ] appellate oral argument

[ ] other (please specify) __________________________________________________

6. Accommodations requested

Nature of disability that necessitates accommodation: ___________________________

________________________________________________________________________

Accommodation requested (please check one of the following six options):

[ ] Assistive listening device (Assistive listening systems work by increasing the loudness of sounds, minimizing background noise, reducing the effect of distance, and overriding poor acoustics. The listener uses a receiver with headphones or a neckloop to hear the speaker.)

[ ] Communication access real-time translation/real-time transcription services (CART is a word-for-word speech-to-text interpreting service for people who need communication access. A rendering of everything said in the courtroom will appear on a computer screen. CART is not an official transcript of a court proceeding.)

[ ] Sign Language Interpreter (Please specify American Sign Language, oral interpreter, signed English, or other type of signing system used by persons with hearing loss.):_______________________________________________________

___________________________________________________________________

[ ] Assignment to a courtroom that is accessible to a person using a mobility device (Please specify wheelchair, scooter, walker, or other mobility device that is used.):_

___________________________________________________________________

[ ] Provision of court documents in an alternative format (Please specify Braille, large print, accessible electronic document, or other accessible format used by persons who are blind or have low vision.): _________________________________

[ ] Other accommodation (please specify): _____________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

7. Use the Submit Button (immediately following) to send us your request:

[ ] Submit Request


✔ 5D15-0340/5D15-0341

Appeal 5D15-0340; and Petition 5D15-0341✔

Traumatic brain injury, etc.

See Amended Disability Motion, US11th Circuit, 12-11213-C, Neil J. Gillespie

✔ I was/am determined totally disabled bySocial Security. I want an accommodation appropriate to my particular situationan individualized inquiry made on a case-by-case basis that will allow my case

to be decided on the MERITS and not DISMISSED because I cannot do what

is needed because of disability, mental impairment, or criminality of a bad judge.

Submit


THE FOLLOWING SECTION IS TO BE COMPLETED BY COURT PERSONNEL ONLY

8. Date request was received: ______/______/______

9. Additional oral or written information requested? [ ] Yes [ ] No

If so, describe information: ____________________________________________________

___________________________________________________________________________

10. Describe the accommodation(s) granted by the court: ______________________________

__________________________________________________________________________

11. Indicate the duration the accommodation will be provided: __________________________

___________________________________________________________________________

12. If an accommodation is denied, indicate reason(s) for denial:3

[ ] Based on the information provided, it appears the person does not have a disability asdefined by the ADA

[ ] Requested accommodation does not directly correlate to functional limitations

[ ] Request relates to a service, program, or activity outside the court system(transportation, legal representation, mental health counseling, parenting course, etc.)

[ ] Request is for an aid/service the courts cannot administratively grant as anaccommodation pursuant to Title II of the ADA (official transcript, extension of time, etc.)

[ ] Requested accommodation would result in an undue burden

[ ] Requested accommodation would result in a fundamental alteration

[ ] Other (please specify): _____________________________________________________

13. Remarks: __________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

14. Court staff responding to request: ______________________________________________

15. Date person notified of determination: ______/______/______

3 If the request is denied, granted only in part, or if an alternative accommodation is granted,Rule of Judicial Administration 2.540 requires the court to respond in writing to the individualwith a disability. Transmittal of a copy of this section of the accommodation request form byemail or by U.S. Mail delivery is one means of providing the written response required by rule2.540. If an accommodation is denied due to a finding of undue burden or fundamentalalteration, the Americans with Disabilities Act requires that such determination be made inwriting by the chief judge or chief judge’s designee.

VIA Email: [email protected] May 12, 2015

Charles CrawfordFifth District Court of Appeal I hereby waive confidentiality in this300 South Beach Street matter, Neil J. GillespieDaytona Beach, Florida, 32114Phone: 386-947-1544.

Request for Accommodation Under Americans with Disabilities Act 1990 (ADA), theADA Amendments Act 2008, and the Rehabilitation Act of 1973, as amended,

Dear Mr. Crawford:

Please find attached a completed form 5DCA ADA Title II Accommodation request. Mydisabilities include the following from my 2012 request:

Medical Conditions ICD-9-CM Code

Post Traumatic Stress Disorder (PTSD) 309.81with PTSD related panic attack in response tostimuli associated with a serve stressorAnxiety disorder due to medical condition 293.89Dysthymic disorder (chronic depression) 300.4Depression 296.3Cleft palate with unilateral cleft lip (L) 749.21Facial disfigurement, scaring 709.2Velopharyngeal Incompetence (VPI) 528.9Voice disorder, hypernasality 784.43Retracted eardrum (L) 384.28Eustachian tube defect 381.89Hearing loss 389.90Diabetes (mellitus) NOS, Type 2 diabetes, adult onset 250.00Brain trauma, head injury from a mugging (1988) 310.20

The following supporting documents are attached:

1. The ADA: One Avenue to Appointed Counsel Before a Full Civil Gideon (law review)2. Social Security Administration disability notice letter August 23, 19933. Social Security Administration disability letter August 1, 2012, no review needed4. ER report Hahnemann University Hospital Philadelphia, August 20, 19885. C.A.11-No.12-11213-C Amended Disability Motion - PACER, August 9, 20126. C.A.11-No.12-11213-C Amended Disability Motion - PDF, August 6, 2012 (easier to read)7. ABA Journal, Brain injury suspension for lawyer; 'I couldn't stick to tasks’ (composite)8. 31 FlaJur2d Insurance-Disability9. 2015, 03-16-15, CT Cervical Spine NJG10. One Page Summary Report Apr-07-15 through Apr-20-15

Charles Crawford May 12, 2015Fifth District Court of Appeal Page - 2

My ability to function in real-time in a legal proceeding is severely impaired, making courtappearances without counsel impossible. Outside of proceedings I become confused with legalmatters. This disability substantially increases the time needed to complete legal work requiredin the case, beyond established time limits, resulting in loss of participation in court activities.

In the past courts, judges, attorneys, law firms, and court employees have abused their positionof power and dominance over me for advantage, knowing I am especially vulnerable because Iam disabled with mental and physical impairments. This began with Mr. Rodems’ misconductand criminality. It has taken me a long time to unravel the confusion caused by abuse of power.

Unfortunately matters involving me appear to present political questions, and not legal questionsfor a court to hear, and therefore are not justicable under the political question doctrine.

Unfortunately it appears the Florida Court system has refused to acknowledge or follow theADA Amendments Act 2008. Instead, Florida Courts rely on the out dated ADA 1990. The oldADA may have sufficed for a represented litigant, but certainly not a disabled pro se litigant.

C.A.11-No.12-11213-C Amended Disability Motion - PACER (251 pages) Scribdhttp://www.scribd.com/doc/102585752/Amended-Disability-Motion-12-11213-C-C-A-11

C.A.11-No.12-11213-C; Judge Isom AFFIDAVIT Disability Motion (104 pages), July 30, 2012https://www.scribd.com/doc/101764386/Affidavit-Conflict-Not-Disclosed-Judge-Claudia-Isom

C.A.11-No.12-11213-C; CM-ECF Notice, Disability Motion (84 pages), July 27, 2012https://www.scribd.com/doc/102594266/Notice-of-CM-ECF-Prohibition-by-the-District-Court

Right to Counsel, Conflict-free counsel, http://en.wikipedia.org/wiki/Right_to_counselWhether counsel is retained or appointed, the defendant has a right to counsel without a conflictof interest *. If an actual conflict of interest is present, and that conflict results in any adverseeffect on the representation, the result is automatic reversal.[17] The general rule is that conflictscan be knowingly and intelligently waived,[18] but some conflicts are unwaivable. [19]

*Wheat v. United States, 486 U.S. 153 (1988), conflicts of interest[17] Burger v. Kemp, 483 U.S. 776 (1987); Cuyler v. Sullivan, 446 U.S. 335 (1980);Holloway v. Arkansas, 435 U.S. 475 (1978).[18] See United States v. Curcio, 680 F.2d 881 (2d Cir. 1982).[19] See, e.g., United States v. Schwarz, 283 F.3d 76 (2d Cir. 2002); United States v.Fulton, 5 F.3d 605 (2d Cir. 1993).

ADA Amendments Act of 2008, Wikipediahttp://en.wikipedia.org/wiki/ADA_Amendments_Act_of_2008

Americans with Disabilities Act of 1990, Wikipediahttp://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990

Charles Crawford May 12, 2015Fifth District Court of Appeal Page - 3

Proclamation for the ADA by Chief Justice Canady, 20th Anniversary ADA 1990http://www.flcourts.org/core/fileparse.php/243/urlt/Proclamation-ADA.pdf

Proclamation for the ADA by Chief Justice Labargahttp://www.floridasupremecourt.org/pub_info/documents/pressreleases/2015/04-10-2015_ADA-Proclamation.pdf

ADA Information OSCA, Office of State Courts Administrationhttp://www.flcourts.org/administration-funding/court-administration/ada-information.stml

ADA Information OSCA, Accessibility Statement, The Rehabilitation Act of 1973http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml

Court urges all bars to get right with the ADA, Florida Bar News, March 1, 2014http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/0661ffcdbeb0dffc85257c890046538a!OpenDocument

The U.S. Eleventh Circuit has a duty and authority to make a Non-Criminal Justice Act CounselAppointment. The U.S. Eleventh Circuit adopted provisions for furnishing representation forpersons financially unable to obtain adequate representation in cases and situations which do notfall within the scope of 18 U.S.C. § 3006A, as amended -- but in which the court believes thatthe interests of justice will be served by the presence of counsel., See Addendum Five, online,http://www.ca11.uscourts.gov/attorney-info/criminal-justice-acthttp://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/RulesAddendum05AUG07.pdf

Sandy D’Alemberte, Tributaries of Justice: The Search For Full Access, 25 Fla. St. U. L. Rev 631http://www.law.fsu.edu/journals/lawreview/downloads/253/dalember.pdf

"Some court opinions hint that access to legal representation in civil cases might be aconstitutional entitlement. footnote 58, See In re Amendments to Rules Regulating The FloridaBar—1-3.1(a) and Rules of Judicial Administration—2.065 (Legal Aid), 598 So. 2d 41, 43 (Fla.1992) (noting that "the right to counsel is no longer limited to criminal cases")."...American Bar Association (ABA), Civil Right to Counsel, in State Civil Proceedingshttp://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html

Attached is a three page composite for the ABA Civil Right to Counsel in State CivilProceedings, for a counsel appointment to protect an indigent civil litigant’s due process rights.

If you require anything else, please contact me. Thank you. Sincerely,

8092 SW 115th LoopOcala, Florida 34481Phone: 352-854-7807Email: [email protected]

Neil Gillespie

From: "Neil Gillespie" <[email protected]>To: "Charles Crawford" <[email protected]>; "Joanne P. Simmons" <[email protected]>;

<[email protected]>; <[email protected]>Cc: "FBI Tampa Division" <[email protected]>; "FBI Jacksonville Division"

<[email protected]>; "Lee Bentley USAFLM" <[email protected]>; "Neil Gillespie" <[email protected]>

Sent: Tuesday, May 12, 2015 10:29 AMAttach: ADA Title II disability request of Neil J. Gillespie.pdf; G.W. v. Rushing, 22 So.3d 819, Fla.App. 2

Dist.,2009.pdfSubject: Re: 5DCA_ADA_Accommodation_Request_Form1113(2)_data.fdf

Page 1 of 2

5/28/2015

TO: Charles R. Crawford, Marshal, [email protected] District Court of Appeal TO: Clerk JOANNE P. SIMMONS, [email protected] Fifth District Court of Appeal TO: Dr. John H. Armstrong, MD, FACS, Surgeon General and Secretary of Health, Florida Department of Health, [email protected] TO: Curtis Alan Wilson, FL Bar No. 77669 Email: [email protected]

Dear Mr. Crawford:

Please find attached a PDF of my ADA Title II Disability Accommodation Request form. I plan to file this on the record today.

For some reason, Clerk JOANNE P. SIMMONS has repeatedly failed her ministerial duty to file documents in this APPEAL NO. 5D15-0340 and in PETITION NO. 5D15-0341, with this unlawful excuse:

"Your electronic document is rejected as it appears to contain only a portion of a document rather than the entire document to be filed. Be advised that documents submitted through eDCA must be submitted with the entire document included in one file. Incomplete documents are not accepted."

Appendices are always filed separately. I did not file any incomplete "portion" of a document. Instead, it appears the Clerk is making bad judicial decisions, rather than performing her ministerial duty to file my documents, which includes separate volume appendices. See, G.W. v. Rushing, 22 So.3d 819, Fla.App. 2 Dist., 2009, copy attached.

My request states at paragraph 5. Accommodation requested,

Style of case (case title), if known: Gillespie v. Reverse Mortgage Solutions, Inc. Case number, if known: Appeal No. 5D15-0340; Petition No. 5D15-0341 Judge, if known: unknown/unassigned. I believe the Clerk is making rulings now. Date accommodation needed: Now and for the duration of all my cases. Time accommodation needed: 24/7 Duration for which the accommodation is requested: for the duration of all my cases.

My request states at paragraph 6. Accommodation requested,

Nature of disability that necessitates accommodation: Traumatic brain injury, etc. See Amended Disability Motion, US11th Circuit, 12-11213-C, Neil J. Gillespie

I was/am determined totally disabled by Social Security. I want an accommodation appropriate to my particular situation an individualized inquiry made on a case-by-case basis that will allow my case to be decided on the MERITS and not DISMISSED because I cannot do what is needed because of disability, mental impairment, or criminality of a bad judge.

Please advise if you have further concerns. Thank you.

Sincerely,

Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Phone: 352-854-7807 Email: [email protected]

----- Original Message ----- From: Charles Crawford To: 'Neil Gillespie' Sent: Tuesday, May 12, 2015 9:23 AM Subject: RE: 5DCA_ADA_Accommodation_Request_Form1113(2)_data.fdf Hi Neil, I am unable to open the ADA request form. I have attached new forms in Word and PDF. Can you please complete and return? Thank you Charles R. Crawford, Marshal Fifth District Court of Appeal 300 S. Beach Street Daytona Beach, FL 32114

From: Neil Gillespie [mailto:[email protected]] Sent: Tuesday, 12 May 2015 5:13 AM To: Charles Crawford Cc: Neil Gillespie Subject: 5DCA_ADA_Accommodation_Request_Form1113(2)_data.fdf

Page 2 of 2

5/28/2015

Neil Gillespie

From: "Neil Gillespie" <[email protected]>To: "Neil Gillespie" <[email protected]>Sent: Tuesday, May 12, 2015 10:30 AMAttach: ATT00034.txtSubject: Read: 5DCA_ADA_Accommodation_Request_Form1113(2)_data.fdf

Page 1 of 1

5/28/2015

This is a receipt for the mail you sent to "Charles Crawford" <[email protected]>; "Joanne P. Simmons" <[email protected]>; <[email protected]>; <[email protected]> at 5/12/2015 10:29 AM This receipt verifies that the message has been displayed on the recipient's computer at 5/12/2015 10:30 AM

122 STAT. 3553 PUBLIC LAW 110–325—SEPT. 25, 2008

Public Law 110–325 110th Congress

An Act To restore the intent and protections of the Americans with Disabilities Act of

1990.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘ADA Amendments Act of 2008’’. SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that— (1) in enacting the Americans with Disabilities Act of 1990

(ADA), Congress intended that the Act ‘‘provide a clear and comprehensive national mandate for the elimination of discrimi-nation against individuals with disabilities’’ and provide broad coverage;

(2) in enacting the ADA, Congress recognized that physical and mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, but that people with physical or mental disabilities are frequently precluded from doing so because of prejudice, antiquated attitudes, or the failure to remove societal and institutional barriers;

(3) while Congress expected that the definition of disability under the ADA would be interpreted consistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act of 1973, that expectation has not been fulfilled;

(4) the holdings of the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases have narrowed the broad scope of protection intended to be afforded by the ADA, thus eliminating protection for many individuals whom Congress intended to protect;

(5) the holding of the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) further narrowed the broad scope of protection intended to be afforded by the ADA;

(6) as a result of these Supreme Court cases, lower courts have incorrectly found in individual cases that people with a range of substantially limiting impairments are not people with disabilities;

(7) in particular, the Supreme Court, in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), interpreted the term ‘‘substantially limits’’ to require a greater degree of limitation than was intended by Congress; and

42 USC 12101 note.

ADA Amendments Act of 2008. 42 USC 12101 note.

Sept. 25, 2008 [S. 3406]

VerDate Aug 31 2005 08:10 Oct 01, 2008 Jkt 069139 PO 00325 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL325.110 APPS10 PsN: PUBL325dkra

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(8) Congress finds that the current Equal Employment Opportunity Commission ADA regulations defining the term ‘‘substantially limits’’ as ‘‘significantly restricted’’ are incon-sistent with congressional intent, by expressing too high a standard. (b) PURPOSES.—The purposes of this Act are—

(1) to carry out the ADA’s objectives of providing ‘‘a clear and comprehensive national mandate for the elimination of discrimination’’ and ‘‘clear, strong, consistent, enforceable standards addressing discrimination’’ by reinstating a broad scope of protection to be available under the ADA;

(2) to reject the requirement enunciated by the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment substan-tially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures;

(3) to reject the Supreme Court’s reasoning in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) with regard to coverage under the third prong of the definition of disability and to reinstate the reasoning of the Supreme Court in School Board of Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of the third prong of the definition of handicap under the Rehabilitation Act of 1973;

(4) to reject the standards enunciated by the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Wil-liams, 534 U.S. 184 (2002), that the terms ‘‘substantially’’ and ‘‘major’’ in the definition of disability under the ADA ‘‘need to be interpreted strictly to create a demanding standard for qualifying as disabled,’’ and that to be substantially limited in performing a major life activity under the ADA ‘‘an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central impor-tance to most people’s daily lives’’;

(5) to convey congressional intent that the standard created by the Supreme Court in the case of Toyota Motor Manufac-turing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) for ‘‘substantially limits’’, and applied by lower courts in numerous decisions, has created an inappropriately high level of limitation necessary to obtain coverage under the ADA, to convey that it is the intent of Congress that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, and to convey that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis; and

(6) to express Congress’ expectation that the Equal Employ-ment Opportunity Commission will revise that portion of its current regulations that defines the term ‘‘substantially limits’’ as ‘‘significantly restricted’’ to be consistent with this Act, including the amendments made by this Act.

SEC. 3. CODIFIED FINDINGS.

Section 2(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101) is amended—

(1) by amending paragraph (1) to read as follows: ‘‘(1) physical or mental disabilities in no way diminish

a person’s right to fully participate in all aspects of society,


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yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;’’;

(2) by striking paragraph (7); and (3) by redesignating paragraphs (8) and (9) as paragraphs

(7) and (8), respectively.

SEC. 4. DISABILITY DEFINED AND RULES OF CONSTRUCTION.

(a) DEFINITION OF DISABILITY.—Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended to read as follows:

‘‘SEC. 3. DEFINITION OF DISABILITY.

‘‘As used in this Act: ‘‘(1) DISABILITY.—The term ‘disability’ means, with respect

to an individual— ‘‘(A) a physical or mental impairment that substantially

limits one or more major life activities of such individual; ‘‘(B) a record of such an impairment; or ‘‘(C) being regarded as having such an impairment

(as described in paragraph (3)). ‘‘(2) MAJOR LIFE ACTIVITIES.—

‘‘(A) IN GENERAL.—For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

‘‘(B) MAJOR BODILY FUNCTIONS.—For purposes of para-graph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, diges-tive, bowel, bladder, neurological, brain, respiratory, cir-culatory, endocrine, and reproductive functions. ‘‘(3) REGARDED AS HAVING SUCH AN IMPAIRMENT.—For pur-

poses of paragraph (1)(C): ‘‘(A) An individual meets the requirement of ‘being

regarded as having such an impairment’ if the individual establishes that he or she has been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment whether or not the impair-ment limits or is perceived to limit a major life activity.

‘‘(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less. ‘‘(4) RULES OF CONSTRUCTION REGARDING THE DEFINITION

OF DISABILITY.—The definition of ‘disability’ in paragraph (1) shall be construed in accordance with the following:

‘‘(A) The definition of disability in this Act shall be construed in favor of broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act.

‘‘(B) The term ‘substantially limits’ shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.


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‘‘(C) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.

‘‘(D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

‘‘(E)(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as—

‘‘(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;

‘‘(II) use of assistive technology; ‘‘(III) reasonable accommodations or auxiliary aids

or services; or ‘‘(IV) learned behavioral or adaptive neurological

modifications. ‘‘(ii) The ameliorative effects of the mitigating measures

of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.

‘‘(iii) As used in this subparagraph— ‘‘(I) the term ‘ordinary eyeglasses or contact lenses’

means lenses that are intended to fully correct visual acuity or eliminate refractive error; and

‘‘(II) the term ‘low-vision devices’ means devices that magnify, enhance, or otherwise augment a visual image.’’.

(b) CONFORMING AMENDMENT.—The Americans with Disabil-ities Act of 1990 (42 U.S.C. 12101 et seq.) is further amended by adding after section 3 the following:

‘‘SEC. 4. ADDITIONAL DEFINITIONS.

‘‘As used in this Act: ‘‘(1) AUXILIARY AIDS AND SERVICES.—The term ‘auxiliary

aids and services’ includes— ‘‘(A) qualified interpreters or other effective methods

of making aurally delivered materials available to individ-uals with hearing impairments;

‘‘(B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;

‘‘(C) acquisition or modification of equipment or devices; and

‘‘(D) other similar services and actions. ‘‘(2) STATE.—The term ‘State’ means each of the several

States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.’’. (c) AMENDMENT TO THE TABLE OF CONTENTS.—The table of

contents contained in section 1(b) of the Americans with Disabilities

42 USC 12103.


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Act of 1990 is amended by striking the item relating to section 3 and inserting the following items:

‘‘Sec. 3. Definition of disability. ‘‘Sec. 4. Additional definitions.’’.

SEC. 5. DISCRIMINATION ON THE BASIS OF DISABILITY.

(a) ON THE BASIS OF DISABILITY.—Section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112) is amended—

(1) in subsection (a), by striking ‘‘with a disability because of the disability of such individual’’ and inserting ‘‘on the basis of disability’’; and

(2) in subsection (b) in the matter preceding paragraph (1), by striking ‘‘discriminate’’ and inserting ‘‘discriminate against a qualified individual on the basis of disability’’. (b) QUALIFICATION STANDARDS AND TESTS RELATED TO UNCOR-

RECTED VISION.—Section 103 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12113) is amended by redesignating sub-sections (c) and (d) as subsections (d) and (e), respectively, and inserting after subsection (b) the following new subsection:

‘‘(c) QUALIFICATION STANDARDS AND TESTS RELATED TO UNCOR-RECTED VISION.—Notwithstanding section 3(4)(E)(ii), a covered entity shall not use qualification standards, employment tests, or other selection criteria based on an individual’s uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and consistent with business necessity.’’.

(c) CONFORMING AMENDMENTS.— (1) Section 101(8) of the Americans with Disabilities Act

of 1990 (42 U.S.C. 12111(8)) is amended— (A) in the paragraph heading, by striking ‘‘WITH A

DISABILITY’’; and (B) by striking ‘‘with a disability’’ after ‘‘individual’’

both places it appears. (2) Section 104(a) of the Americans with Disabilities Act

of 1990 (42 U.S.C. 12114(a)) is amended by striking ‘‘the term ‘qualified individual with a disability’ shall’’ and inserting ‘‘a qualified individual with a disability shall’’.

SEC. 6. RULES OF CONSTRUCTION.

(a) Title V of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201 et seq.) is amended—

(1) by adding at the end of section 501 the following: ‘‘(e) BENEFITS UNDER STATE WORKER’S COMPENSATION LAWS.—

Nothing in this Act alters the standards for determining eligibility for benefits under State worker’s compensation laws or under State and Federal disability benefit programs.

‘‘(f) FUNDAMENTAL ALTERATION.—Nothing in this Act alters the provision of section 302(b)(2)(A)(ii), specifying that reasonable modifications in policies, practices, or procedures shall be required, unless an entity can demonstrate that making such modifications in policies, practices, or procedures, including academic require-ments in postsecondary education, would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations involved.

‘‘(g) CLAIMS OF NO DISABILITY.—Nothing in this Act shall pro-vide the basis for a claim by an individual without a disability

42 USC 12201.


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that the individual was subject to discrimination because of the individual’s lack of disability.

‘‘(h) REASONABLE ACCOMMODATIONS AND MODIFICATIONS.—A covered entity under title I, a public entity under title II, and any person who owns, leases (or leases to), or operates a place of public accommodation under title III, need not provide a reason-able accommodation or a reasonable modification to policies, prac-tices, or procedures to an individual who meets the definition of disability in section 3(1) solely under subparagraph (C) of such section.’’;

(2) by redesignating section 506 through 514 as sections 507 through 515, respectively, and adding after section 505 the following:

‘‘SEC. 506. RULE OF CONSTRUCTION REGARDING REGULATORY AUTHORITY.

‘‘The authority to issue regulations granted to the Equal Employment Opportunity Commission, the Attorney General, and the Secretary of Transportation under this Act includes the authority to issue regulations implementing the definitions of dis-ability in section 3 (including rules of construction) and the defini-tions in section 4, consistent with the ADA Amendments Act of 2008.’’; and

(3) in section 511 (as redesignated by paragraph (2)) (42 U.S.C. 12211), in subsection (c), by striking ‘‘511(b)(3)’’ and inserting ‘‘512(b)(3)’’. (b) The table of contents contained in section 1(b) of the Ameri-

cans with Disabilities Act of 1990 is amended by redesignating the items relating to sections 506 through 514 as the items relating to sections 507 through 515, respectively, and by inserting after the item relating to section 505 the following new item:

‘‘Sec. 506. Rule of construction regarding regulatory authority.’’.

SEC. 7. CONFORMING AMENDMENTS.

Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended—

(1) in paragraph (9)(B), by striking ‘‘a physical’’ and all that follows through ‘‘major life activities’’, and inserting ‘‘the meaning given it in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)’’; and

(2) in paragraph (20)(B), by striking ‘‘any person who’’ and all that follows through the period at the end, and inserting ‘‘any person who has a disability as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).’’.

42 USC 12210.

42 USC 12205a.

42 USC 12206– 12211; 29 USC 706; 42 USC 12212, 12213.


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LEGISLATIVE HISTORY—S. 3406: CONGRESSIONAL RECORD, Vol. 154 (2008):

Sept. 11, considered and passed Senate. Sept. 17, considered and passed House.

Æ

SEC. 8. EFFECTIVE DATE.

This Act and the amendments made by this Act shall become effective on January 1, 2009.

Approved September 25, 2008.

29 USC 705 note.


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i1iiiI41i1iIïLJÍNÏti1ki

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WHEREAS, the Americans with Disabilities Act was passed by the UnitedStates Congress on July 26, 1 990, to ensure the civil rights of citizens withdisabilities; and

WHEREAS, the Supreme Court of Florida and the Florida State CourtsSystem have committed themselves to full and fair access to courts for all residentsof this great State, as guaranteed by Article I, section 2 1 of the Constitution of thegreat State of Florida; and

WHEREAS, the Florida courts strive to provide reasonable accommodationsfor judges and court employees with disabilities; provide auxiliary aids andservices that ensure effective communication; and take other steps that affordaccessibility of court services, programs, and activities; and

WHEREAS, the Florida State Courts System affirms the principals of equityand inclusion for persons with disabilities as embodied in the Americans withDisabilities Act, the laws ofthe State ofFlorida, and the policies and procedures ofthe state courts; and

NOW, THEREFORE, I, Charles T. Canady, Chief Justice of Florida, dohereby proclaim that July 20 1 0 shall be known within the State Courts System as amonth of commemoration in honor the Twentieth Anniversary ofthe passage ofthe Americans with Disabilities Act. I reaffirm the court system's commitment tofull compliance with the Act, and I call upon judicial officers and court staffmembers to renew their efforts to eliminate obstacles that prevent full inclusion ofall Floridians in the State Courts System.

AND THE SAME is hereby ordered and done at Tallahassee on this FirstDay ofJuly, 2010.

Chief Justice Charles T. Canady

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-----:À'-:

~uprtmt qcourt of jflortba

PROCLAMATION In Re: Twentieth Anniversary of the ADA

WHEREAS, the Americans with Disabilities Act was passed by the United States Congress on July 26, 1990, to ensure the civil rights of citizens with disabilities; and

WHEREAS, the Supreme Court of Florida and the Florida State Courts System have committed themselves to full and fair access to courts for all residents of this great State, as guaranteed by Article I, section 21 of the Constitution of the great State of Florida; and

WHEREAS, the Florida courts strive to provide reasonable accommodations for judges and court employees with disabilities; provide auxiliary aids and services that ensure effective communication; and take other steps that afford accessibility of court services, programs, and activities; and

WHEREAS, the Florida State Courts System affirms the principals of equity and inclusion for persons with disabilities as embodied in the Americans with Disabilities Act, the laws of the State of Florida, and the policies and procedures of the state courts; and

NOW, THEREFORE, I, Charles T. Canady, Chief Justice of Florida, do hereby proclaim that July 2010 shall be known within the State Courts System as a month of commemoration in honor the Twentieth Anniversary of the passage of the Americans with Disabilities Act. I reaffirm the court system's commitment to full compliance with the Act, and I call upon judicial officers and court staff members to renew their efforts to eliminate obstacles that prevent full inclusion of all Floridians in the State Courts System.

AND THE SAME is hereby ordered and done at Tallahassee on this First Day of July, 2010.

cL7~ Chief Justice Charles T. Catiady

ATTEST:

o

Page 1 of 2

Supreme Court of Florida

FOR IMMEDIATE RELEASE 04/10/2015

Craig Waters, Director of Public Information

Florida Supreme Court

(850) 414-7641

Labarga Honors ADA’s 25th Anniversary with Proclamation

TALLAHASSEE – Florida Chief Justice Jorge Labarga today signed a proclamation honoring

the historic signing of the Americans with Disabilities Act 25 years ago and designating July

2015 as a month of commemoration for the anniversary within Florida’s State Courts System.

“The very reason courts exist is to provide justice and fairness,’’ Labarga said. “Nothing could

be more essential to our overall mission than to provide fair and equal access to citizens with

disabilities.”

Florida’s judiciary has a long-standing commitment to the Americans with Disabilities Act,

which was signed into law on July 26, 1990. The federal law establishes “a clear and

comprehensive prohibition of discrimination on the basis of disability” and bans discrimination

in access to employment, governmental services and programs, public accommodations,

transportation and communications.

Examples of auxiliary aids or services that the courts may provide to afford effective

communication include assistive listening devices, qualified sign language interpreters, or real-

time transcription services for persons with hearing loss. They also include accessible formats

such as large print or Braille documents and qualified readers for persons with vision loss.

More information about court ADA accommodations and procedures can be found online at

www.flcourts.org. The ADA information page includes links to each of Florida’s 20 judicial

circuits, five district courts of appeal, and the Supreme Court. Each court has an ADA

coordinator as does the state courts system as a whole.

http://www.flcourts.org/

Past Florida chief justices also focused attention on the requirements of the federal law. During a

ceremony on September 9, 1999, former Chief Justice Major B. Harding signed a proclamation

designating the year 2000 as a time to commemorate the 10th anniversary of the ADA.

In 2010, former Chief Justice Charles T. Canady issued a proclamation to commemorate the

20th anniversary of the law’s passage and dedicated a month to highlight compliance. In 2006,

former Chief Justice R. Fred Lewis ordered a statewide survey of all state court facilities to

identify and eliminate architectural barriers confronting citizens with disabilities.

Florida courts have also worked since 2007 to ensure that electronic documents and web pages

are created and designed to be accessible to people using assistive devices like screen readers.

In the proclamation signed today, Labarga noted that the “full promise of this important federal

civil rights law as it relates to the justice system will only be reached if the Florida state courts

remain committed to full implementation of the Act.

“I call upon judicial officers and court staff members to renew their efforts to eliminate

obstacles that prevent full inclusion of all Floridians in the State Courts System,” Labarga said.

In addition to the ADA, Florida’s courts are bound by the Florida Constitution, which

guarantees “full and fair access to the courts for all residents” in Article I, section 21.

Labarga has made improving court access a priority of his two-year term as the head of Florida’s

court system. The Florida Commission on Access to Civil Justice, which he created by

administrative order last year, is currently working on the unmet civil legal needs of poor and

middle class Floridians.

###

'upttmt Court of fftortba

PROCLAMATIONIn re: Twenty-Fifth Anniversary of the

Americans with Disabilities Act

WHEREAS, the Americans with Disabilities Act was signed into law onJuly 26, 1990, to ensure the civil rights ofpersons with disabilities and hasexpanded opportunities by reducing barriers, changing perceptions, facilitatinggreater civic engagement, and increasing participation in community life; and

WHEREAS, the Supreme Court ofFlorida and the Florida State CourtsSystem have committed themselves to full and fair access to the courts for allresidents ofthis great State, as guaranteed by Article I, section 21 of theConstitution ofthe great State ofFlorida; and

WHEREAS, the Florida state courts strive to provide reasonableaccommodations forjudges and court employees with disabilities; provideauxiliary aids and services that ensure effective communication; and take othersteps to afford accessibility of court services, programs, and activities; and

WHEREAS, the full promise ofthis important federal civil rights law as itrelates to the justice system will only be reached ifthe Florida state courts remaincommitted to full implementation of the Act.

NOW, THEREFORE, I, Jorge Labarga, ChiefJustice ofFlorida, do herebyproclaim that July 20 1 5 shall be known within the State Courts System as a monthof commemoration in honor the Twenty-Fifth Anniversary ofthe passage of theAmericans with Disabilities Act. I reaffirm the court system's commitment to fullcompliance with the Act, and I call upon judicial officers and court staff membersto renew their efforts to eliminate obstacles that prevent full inclusion of allFloridians in the State Courts System.

AND THE SAME is hereby ordered and done at Tallahassee on this TenthDay ofApril, 2015.

~upreme <!Court of jflortba

PROCLAMATION In re: Twenty-Fifth Anniversary of the

Americans with Disabilities Act

WHEREAS, the Americans with Disabilities Act was signed into law on July 26, 1990, to ensure the civil rights of persons with disabilities and has expanded opportunities by reducing barriers, changing perceptions, facilitating greater civic engagement, and increasing participation in community life; and

WHEREAS, the Supreme Court of Florida and the Florida State Courts System have committed themselves to full and fair access to the courts for all residents of this great State, as guaranteed by Article I, section 21 of the Constitution of the great State of Florida; and

WHEREAS, the Florida state courts strive to provide reasonable accommodations for judges and court employees with disabilities; provide auxiliary aids and services that ensure effective communication; and take other steps to afford accessibility of court services, programs, and activities; and

WHEREAS, the full promise of this important federal civil rights law as it relates to the justice system will only be reached if the Florida state courts remain committed to full implementation of the Act.

NOW, THEREFORE, I, Jorge Labarga, Chief Justice of Florida, do hereby proclaim that July 2015 shall be known within the State Courts System as a month of commemoration in honor the Twenty-Fifth Anniversary of the passage of the Americans with Disabilities Act. I reaffirm the court system's commitment to full compliance with the Act, and I call upon judicial officers and court staff members to renew their efforts to eliminate obstacles that prevent full inclusion of all Floridians in the State Courts System.

AND THE SAME is hereby ordered and done at Tallahassee on this Tenth Day of April, 2015.

ATTEST:

4 DISABILITYINDEPENDENCEGROUP

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March 1, 2014

Court urges all bars to get right with the ADABy Jan PudlowSenior Editor

One woman in a wheelchair — excluded from a voluntary bar social gathering in a

basement wine cellar without an elevator — sparked a strong directive from the Florida

Supreme Court: All bar meetings must be accessible to all.

Stephanie Woodward recently moved from Syracuse, N.Y., to Miami, passed the Florida

bar exam, and awaits approval of her character and fitness check so she can be a

full-fledged member of The Florida Bar.

As a “baby lawyer” new to town, she is anxious to make connections in the legal

profession. So she was excited about an invitation to attend a Dade County Bar

Association Young Lawyers Section event called “An Evening with the Judges” —

described as “an informal gathering to promote communication among the legal

community and the bench.”

Sure, she was welcome, even though she’s not officially a lawyer yet, the Dade YLS

president assured her.

But there was a big problem: The January 23 event was being held in the wine cellar —

a former bomb shelter— of the restaurant Le Chat Noir, at 2 South Miami Avenue. There

are a lot of steps and no elevator down to the the wine celler. And Woodward has a

mobility disability and uses a wheelchair.

“If I hadn’t thought to ask, I would have shown up in a wheelchair and seen a set of

stairs, which would be embarrassing,” Woodward said.

“I think it’s a big deal for me to get in anywhere, not just local bar events. Access is not a convenience when it works best for them.

Access is my civil right.”

Chief Justice Ricky Polston agrees. When Woodward’s excluding experience came to his attention, the entire court gathered for

conference, resulting in strongly worded letters Polston sent on February 3 to voluntary bars and leaders at The Florida Bar.

“Benign neglect, oversight, or indifference which produces this type of discrimination is simply not acceptable and will not be

tolerated,” Polston wrote.

“This event has demonstrated that we must do more to prevent similar discrimination in the future, and we shall take corrective steps

to address the damage this type of discrimination inflicts.”

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After approval by the entire Florida Supreme Court, Polston directed The Florida Bar to “develop and implement a protocol for

Bar-related activities at all levels to ensure compliance with all ADA and access requirements. We request The Florida Bar to report its

progress to this court 60 days from this date and each 60 days thereafter until the directed protocol is implemented.”

Similarly, the court requested that voluntary bar associations “immediately develop and implement protocol for bar-related activities

to ensure compliance with all ADA and access requirements.”

At The Florida Bar, Kathy Tucker, head of the Meetings Department, said she is well aware of the Americans with Disabilities Act

requirements to make sure meetings are accessible, but acknowledged there have been bumps along the way. For example, she said,

the Bar can no longer use a particular ballroom at the Boca Raton Resort and Club, accessible only via stairs or small service elevator.

“The Bar is very conscious of the need to avoid using space that is not accessible to all,” Tucker said.

The matter came to the high court’s attention when Woodward, a new associate at the Disability Independence Group, in Miami, told

her boss, Matt Dietz.

Dietz, a member of The Florida Bar Diversity and Inclusion Committee, let members know about the incident, as well as Justices Fred

Lewis and Peggy Quince, and Bar President Eugene Pettis.

“This was a concrete example of a person coming to the door and not being able to access our bar,” Dietz said.

Justice Lewis jumped into action.

“When this issue arose, I immediately scheduled this issue for conference with the entire court,” Justice Lewis said. “We must work

together to eliminate all types of discrimination, and it will start with the Florida Supreme Court.”

Pettis, who made diversity and inclusion a cornerstone of his presidency, said: “As we continue our efforts of total inclusion of all

lawyers at every level of our Bar, it is imperative that we include persons with physical handicaps. While this incident in Miami was

unfortunate, it has shed light on our need to be more sensitive and intentional in making sure every member is included and

welcomed.”

Dade County Bar President Leslie Smith said she agrees completely. She said she views it as an opportunity for the DCBA to take the

initiative, create protocol, and share it with voluntary bars throughout the state. Attorneys with a variety of disabilities, along with

leadership of the DCBA, will be gathering on March 25 to brainstorm and craft the protocols, Smith said.

“Interestingly enough, before I went to law school, I worked for what was then called Florida’s Department of Health and

Rehabilitative Services, and I worked with the division that dealt with programming and funding for persons with disabilities,” Smith

said.

“The issues are not foreign to me, and though I am not personally affected and don’t have any disabilities, I am certainly aware that

we could do more and we have an opportunity to do that. I’m very excited about it.”

Smith said she was not surprised that the incident reached the highest level of Florida’s courts, because she was part of a dialog that

went back and forth with Dietz, and she knew of his relationship with the Bar and Justice Lewis, “who has a very personal interest in

this issue.”

“I believe in advocacy. Get the word out. Things need to be changed and studied and improved. That’s what advocates do,” Smith said.

But Woodward said, “It surprised me that it went that far. I’m thrilled the chief justice did say something about this, so that it’s on

everybody’s radar. It shouldn’t be an issue between just me and the Dade County Bar Association.”

Dietz said Florida Bar leaders have been very supportive, and he appreciates the strong directive from the chief justice.

“I’m glad it is being handled in a top-down fashion. It demonstrates a commitment,” Dietz said. “To have a commitment from the chief

justice, the head of your state courts, is phenomenal and shows true dedication to and commitment to diversity and inclusion.”

[Revised: 05-24-2015]

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