Are You Getting Equal Access?
How the Americans with Disabilities Act applies to everyone.
Most people avoid the words “disability” and disabled. These words are stigmatized by a society that conveniently runs at full speed, damn the consequences. While we are all familiar with disabilities that are visible, such as mobility impairments or blindness or deafness, the invisible disabilities that are prevalent are conveniently forgotten or ignored by a system that is required to accommodate these disabilities.
Usually, those left in the wake of this machine that favors judicial economy over impartiality and fairness are left with bitterness, anger, and harm. They don’t realize what happened to exclude them from a system that purports to have open arms, and no one is willing or able to answer their questions.
I know. I have lived this life.
From schooling that demanded performance based upon standardized (discriminatory) testing, to a justice system that eagerly stomps on disabled litigants, the result produced in my life was that I recoiled intensely from society for 3 years, and then remained moderately withdrawn for more than a decade.
The entire time I was hunkered down in my attempt to create safe spaces, I was reading, learning, searching in an autodidactic manner. The education that the system was incompetent to give, I created on my own, and thankfully met many mentors along the way.
My late friend, Dr. Karin Huffer, understood and walked with me in developing remedy. That was the first step in my regaining access to society. I was expertly trained by Dr. Huffer to apply the Americans with Disabilities Act (ADA), to get the access that was never before accessible to me.
I’ve observed that everyone has rights under the ADA, and many major life activities are affected by those who would ignore accessibility issues, and establish policies that affect those with invisible disabilities. Even things such as how a phone menu works to exclude those triggered by stimulus overload is a disability issue. There are so many examples, that I could (and likely will) write books on the subject matter.
My path forward has not been straightforward, but the availability of the ADA, and the malleability of “learned behavioral modification” and “reasonable accommodation” has met every challenge with a workable solution to level the playing field.
State and local court judges are woefully ignorant regarding the benefits offered under the ADA to litigants, and for the unrepresented, this is a nightmare. For those with counsel, this becomes yet another example of exclusion from a system that forces fungibility and conformity, without even offering a moment of peaceful discussion. It’s a hostile work environment, and yet, when I’ve challenged judges, I have seen many of them run from the bench, recusing themselves. Lawyers and judges have claimed that I’m engaging in Unauthorized Practice of Law (UPL), but none have been willing to test whether or not my advocacy for administrative access under the ADA, which is federally protected under 42 U.S.C. 12203(b), is an at-law function. The ADA and case law says that the functions of the ADA are administrative, and that state immunity is removed per 42 U.S.C. 12202 and Tennessee v. Lane 541 US 509 (2004). Here is an example of a judge attempting to bully me with claims of UPL. She chose to abort this pursuit…
I had a conversation about the accessibility of the justice system with William Goren, (UnderstandingTheADA.com) and Mr. Goren admitted to me that lawyers are afraid to take on state court systems because of threats of disbarment and other proceedings.
When it is factored in that lawyers are most always without training on how to apply the ADA in cases that they litigate, there is a systemic denial of access for qualified individuals with invisible disabilities.
A knowledgable ADA Advocate can change this. My purpose is to advocate for administrative access to employment (ADA Title I), state and local programs, services and activities (ADA Title II) and public accommodations (ADA Title III). I’ve trained lawyers, other legal industry professionals, doctors, and others on how to invoke and apply the ADA.
The attorneys that I have worked with offer these words about my services.
A disability advocate is an individual who speaks for the disabled human and helps protects his interests.
Jay Shore, by his work, has demonstrated his superior capabilities and knowledge in helping me assist clients who are disabled.
Justice had been achieved in a more perfect and beneficial form because I had brought Jay Shore in to help me work on ADA Advocacy aspects of the cases.
His knowledge, know how, and suggestions were invaluable to success in my representation of clients.
He helped me fashion resolutions and outcomes for disabled individuals that were practical, reasonable, workable, and accommodating to my clients.I believe Jay Shore is a Master of his craft and if you want to learn from a Master of Disability Advocacy, then you should take his course. I recommend the employment of Jay Shore to my clients and others, and if you want to learn how to advocate ADA Rights, then I recommend you learn from Jay Shore.
Robert J. Gargasz, Esq.
Another attorney offers this reflection of my work:
To whom it may concern,
I have been working alongside Jay Shore this past year. I am an attorney focusing on employment law. Mr. Shore has taught me a great deal about the ADA. I would not have been able to take on ADA cases without his help. We have worked side by side on several cases this past year. He has a great wealth of knowledge on the ADA and I have a learned so much from him. He truly enjoys teaching others about their rights under the ADA and he is a wonderful teacher.
He is very respectful of his clients and works around the clock to meet their needs. He always makes himself available when a client needs to talk to him. He is a very strong advocate for anyone with a disability and is very empathetic to their struggles and needs. Not only does he advocate for them, but he is always available to provide words of encouragement when needed. He truly goes above and beyond what is required in his job duties.
I highly recommend him as an ADA instructional teacher or as an ADA advocate. He is highly successful in either role and you can tell he truly enjoys what he does. It is his passion and purpose in life to be an advocate for others. I have learned so much from him and I know that anyone who takes his class or hires him as their advocate will be extremely pleased with the knowledge and service they receive from him.
Rosa Matusik, Attorney at Law
It is astounding that a law passed in 1990, and so very available, is still under-used, forgotten, and without experts that can be called into change the dynamics. I’m doing my part to change this. ADA Rights and access are my purpose and passion. You can gain equal access, if you’re determined. As a Certified ADA Advocate, I can help you with the knowledge and application of the ADA to level the playing field in a world that is so severely slanted against equal access.
P.D., JAY V SHORE, as Certified ADA Advocate - John Jay College of Criminal Justice (CUNY) 2017