ILNews

Suit claims courthouse violates ADA

Back to TopCommentsE-mailPrintBookmark and Share

Four defendants in cases pending before the St. Joseph Superior Court have filed a lawsuit claiming that county's courthouse is inaccessible for people with disabilities.

Filed Monday in the U.S. District Court, Northern District of Indiana, South Bend Division, the plaintiffs in Victoria Means, Tonia Matney, and Stephen and Margaret Hummel v. St. Joseph County Board of Commissioners, et al., No. 3:10-cv-00003, allege the St. Joseph County Courthouse and Mishawaka County Services Building don't comply with federal rules and standards to ensure access to public facilities for people using wheelchairs and those with visual impairments. The plaintiffs claim the buildings violate the Americans with Disabilities Act, and the federal and state constitutions.

Means and Matney use wheelchairs and the Hummels have limited mobility because of health issues. The four are parties in two separate cases that have been or are in the process of coming before the St. Joseph Superior Court. The plaintiffs' attorney, Kent Hull, also has a disability that requires him to use a wheelchair.

The plaintiffs claim the courthouse and services building lack accessibility in the restrooms, elevator, witness stands, counters used by the clerks, water fountains, and in other areas. They also claim parking is an issue at these buildings.

The suit alleges the St. Joseph County Board of Commissioners, St. Joseph Superior Court, and the city of South Bend have been notified of the problems but haven't done anything to remedy them.

Means and the others are seeking preliminary and permanent injunctions preventing further violations, compensatory damages, and the appointment of a special master to oversee implementation of changes to make the buildings and parking lot compliant with regulations.

Attorney Greg Fehribach, of the Fehribach Group in Indianapolis, often works on issues dealing with the ADA. He is not involved with the case against the St. Joseph County Courthouse but has mediated cases like this in the past and said this type of case is nothing new in Indiana or around the country.

"As a lawyer who's been practicing since 1986 and a wheelchair user, I've seen quite a change in physical access to courthouses and government buildings. It has absolutely improved," Fehribach said. "The interesting thing, the part that's most concerning is any time there's a case regarding a courthouse ... if someone feels that they have been denied access to a government building or courthouse in 2010, I find that very disturbing."

He said the ADA will be 20 years old soon and there are still buildings that aren't up to date, which he said is far too long for nothing to be done.

There's no grandfather clause for older buildings not to comply with the ADA, and Fehribach said limited resources are often cited as the reason why they aren't up to date. Other issues like security often are in the forefront of people's minds when updating the courthouses, but Fehribach doesn't want officials to "hide behind the veil when you don't want to accept the issue that all men and women are created equal."

"That means access to government," he said.

He's not looked at this Northern District case, but he said if the judge rules in favor of the plaintiffs, the judge could order a timeline in which to remedy the inaccessibility, order it done immediately by an outside contractor and have the county pay, or other outcomes.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT