This discrimination by Catfish Parlour of a Special Needs individual by the restaurant owners was not the first time! Here is a Texas Civil Rights Project lawsuit recap from September 23, 2002. Thanks for the heads up my friend Al, who is currently disabled and has been in a wheelchair for about 1.5 years. He is finally starting rehab to get back to walking and he has faced discrimination himself. PRESS RELEASE Settlement Reached in Federal Suit against City of Austin, Austin Police, and Catfish Parlour in for Assaulting and Arresting Elderly Blind & Deaf Patrons at Catfish Parlour A settlement was reached in the federal trial against City of Austin, Austin police, and Catfish Parlour for arresting and assaulting an elderly blind & deaf patron at Catfish Parlour and his wife. The suit claimed that the Catfish Parlour in north Austin called the police when an elderly couple, Richard and Joan Bell of Austin, asked for a Braille menu and a confrontation arouse, caused by the restaurantís manager, Gene Perri, and his staff. After taking Mr. Bellís cane from him, Perri called the police, who came and arrested Mr. Bell, although admittedly sitting quietly at the table at the time. During the course of the arrest, the suit claimed the arresting officer, Daniel Arizpe, used excessive force on Mr. Bell. The suit also alleged that the officer violated police policy by making the arrest without having an interpreter present at the scene, and that the policy expressly prohibits arresting a deaf person without having an interpreter present. The case was brought under the Americans with Disabilities Act, as well as traditional civil rights law. The suit sought damages for injuries to Mr. Bell and for violations of the coupleís rights under the ADA. The suit also sought a court order increasing the quantity and quality of disability training that the City provides to its police officers. The suit was brought on July 26, 2001, as part of the Texas Civil Rights Projectís 11th ADA anniversary campaign, as part of which TCRP filed eleven ADA lawsuits around the state. The settlement as to the City of Austin requires the City to: (1) increase by two hours (to four hours) the amount of training that new Austin police officers receive regarding people with disabilities, including people who are deaf and/or blind; (2) implement annual training for all officers regarding people with disabilities, including people who are deaf and/or blind, according to a curriculum and plan devised by the disability law trainer, currently Kristin Lund who provides training for both the Travis County Sheriffís Department and the Austin Police (Travis County deputies currently receive four hours at their academy); (3) establish a 7-member committee, including a designee of TCRP, Kristin Lund, Austin Community College instructor Byron Bridges, Austin ADA Coordinator Dolores Gonzales, a City designee, and other members from the disability community, to make other training and procedure recommendations; and, (4) pay $10,000 in court costs, litigation expenses, and attorneysí fees. The settlement as to Catfish Parlour requires the restaurant to: (1) print and have on hand Braille menus for its patrons; (2) provide ongoing training for its employees regarding people with disabilities, including people who are deaf and/or blind; and, (3) pay $22,800 as damages to Mr. & Mrs. Bell, court costs, litigation expenses, and attroneysí fees. Both Mr. and Mrs. Bell expressed great happiness with t he settlements today, and for the vast increase in the training that the police will now receive. "We were very scared to begin this lawsuit because we had never done anything like this," said Richard Bell,"but we decided to stick with it and try to change things not only for us but also for all the members of the disability community so we would all be treated with dignity and respect." Jim Harrington, Director of TCRP, which represented Mr. and Mrs. Bell said he was "very pleased with the settlement and hoped that it would provide a model for other police departments. We were honored to represent Mr. and Mrs. Bell in this case, and very happy we could be part of helping extend the promise of the ADA to the disability community in Central Austin." For further information, please call Jim Harrington at 512-474-5073. Texas Civil Rights Project
Posted on: Thu, 08 Aug 2013 16:55:08 +0000
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