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Great Lakes ADA and Accessible I T Center

 

 
October 2005
Volume 2, Issue 2
The Docket
Lambs Farm, Inc Sued for Excluding Man Because of HIV-Positive Status
Equip for Equality today filed suit in federal court against The Lambs Farm, Inc of Libertyville, Illinois, on behalf of a 54-year old man with a developmental disability whom Lambs Farm refuses to serve because he is HIV positive. Lambs Farm is a non-profit organization located on a 72-acre campus in Libertyville, IL that provides housing, vocational and recreational services to adults with developmental disabilities.

The suit alleges that Lambs Farm's refusal to admit Doe to its services is a violation of the Americans with Disabilities Act, the federal Rehabilitation Act, and the federal Fair Housing Act. When Lambs Farm reviewed the medical packet sent by the agency assisting Doe, its management became aware that Doe was HIV-positive.

Doe's application was immediately rejected. Lambs Farm's Executive Director, Dianne Yaconetti, expressed concern that others would find out about Doe's HIV status and would be fearful. The Chairman of the Board of Directors, Robert Neiman, confirmed that Lambs Farm would provide neither housing nor vocational services to Doe because of his "communicable disease".
Capobianco v. City of New York
The 2nd U.S. Circuit Court of Appeals has reinstated a suit against New York City by a former sanitation worker who claims he was fired because he suffers from night blindness. Anthony Capobianco sued the city and the Department of Sanitation in 2001 under the Americans with Disabilities Act. The 2nd Circuit Court reversed a lower court, which had awarded summary judgment to the City of New York indicating that Capobianco was not a qualified individual with a disability under the ADA.