VOLCANO MADNESS

Sunday, February 13, 2011

[californiadisasters] LA disaster plans discriminate against people with disabilities, judge rules



This post is for information only. Please do not let it touch off a larger political debate about the ADA.
Vic
 
 
http://www.latimes.com/news/local/la-me-disabled-ruling-20110212,0,7903445.story
 
Los Angeles' disaster plans discriminate against people with disabilities, judge rules
     
By Victoria Kim, Los Angeles Times

February 12, 2011

 
The city of Los Angeles is unprepared to meet the needs of the disabled in the case of a disaster and is discriminating against them by failing to include the disabled in its emergency preparedness plans, a federal judge ruled Friday.

Siding with disability-rights groups who sued the city on behalf of an estimated 800,000 disabled L.A. residents, U.S. District Court Judge Consuelo B. Marshall found that Los Angeles doesn't have a plan to notify and evacuate the disabled or provide them with transportation and shelter in a disaster.

"Because of the city's failure to address their unique needs, individuals with disabilities are disproportionately vulnerable to harm in the event of an emergency or disaster," the judge wrote, noting that the city's own Department on Disability reported in 2008 that disabled residents are "at-risk for suffering and death in disproportionate numbers."

Attorneys for the city had contended in court papers that the allegations in the lawsuit were "premised on hypothetical scenarios or opinions." They argued that the responsibility to meet the needs of the disabled was with the American Red Cross and that people with disabilities should carry some of the burden.

The lawsuit "fails to reference the necessity of personal planning or preparedness," attorneys for the city wrote in court filings.

Marshall said she was unconvinced, saying the city's emergency plans "must be open and accessible to all of its residents." She found that the city had violated the federal Americans With Disabilities Act and ordered officials to meet with the parties that brought the lawsuit within three weeks to come up with a plan.

CUT
 



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