Sample of Petition To ADA

Well, I don't know how I'm going to edit and organize this yet, but I've included counts of discrimination against disabilities and ADA violations by 3 groups: Justice system in Wenatchee, the state and state workers (social services, CPS), and Medical professionals and I listed counts on behalf of me and my son, though I'll probably add more information about my son:


Justice System Discrimination in Violation of Americans With Disabilities Act

(list facts or counts)

1. Refused to give accomodations for migraine
2. Refused to accommodate for herniated disc and tailbone
3. Mocked my claims of physical disabilities
4. Claimed I was mentally ill and refused counsel at the same time.
5. Refused to respect right to fire counsel
6. Refused to allow for time to gather medical records in my favor.
7. Refused to allow me full and fair hearing
8. Ignored my requests for answers in correspondence
9. Didn’t enforce discovery rules and make sure I had discovery prior to my case

Discrimination by state and state employees

1. Mocked by state employees in language, in teleconferences and by email, regarding disabilities,
2. State claimed not to know where medical records were, or of not having them and said “I don’t remember” when I asked if they’d seen them. They obtained records against HIPPA and then withheld the ones which proved I had disabilities
3. State deliberately withheld information from me on when bus was leaving and where I was staying, knowing it caused distress, and lied about not having paperwork done, purposefully attempting to provoke me
4. State deliberately stalled on providing services when I specifically requested they begin in the D.C. area, for 2 months, and they communicated with other states but refused to return my calls--ignoring me
5. State cut off my right to telephone visitation with my son, in order to coerce me back to the area where they knew I couldn’t get medical care
6. State used general counsel against me, telling me I couldn’t fill out a release of information to get the process started.
7. State made false claims and defamed me to others including Canada, telling them I was paranoid schitzophrenic and severely so, when they had no basis for the accusation and they knew the two mental health professionals who evaluated me prior to my departure did not think such a thing,
8. State directed Canadian officials to a defamatory article published about me, which wasn’t true and which wasn’t evidence of any kind.
9. State tried to cut off my right to medical care and slandered me to the HMOs,
10 . State owes me $1,000 for refusing to reimburse me for medical transportation costs they promised to pay for out-of-area care, which they knew put me in a position of being unable to pay my rent, and at the same time, told me I would lose all benefits if I did NOT go to these appointments.
11. State tried to prevent me from making a S.S. claim for physical disability, trying instead to force me to go on SS for “mental reasons”. They tried to prevent me from getting a medical evaluation for physical disability,
12. State lied in Fair Hearing claiming no one thought I was mentally ill, saying I didn’t need extra time for making a response pro se, and then reversing when in danger of discrimination claim, because I had evidence they DID think and know I had some PTSD, and then they claimed they all knew and that they’d always provided accomodations. They directly contradicted themselves, proving they didn’t care whether I was mentally ill or not, they only wanted to claim whichever one was most convenient for them and let them off the hook.
13. State lied to police and put out an alert, slandering me as being mentally ill,
14. After claiming I was mentally ill, state refused to allow accomodations and more time for someone who was told, on the spot, to be pro se. State also refused to disclose all discovery so I was could prepare for hearings
15. State tried to force me back to Wenatchee for mental health evaluation by someone they knew, by cutting off the vistiation of my son and refusing change of venue hen I was unable to travel. They then attempted to prejudice psychological evaluation by mental health professional in Whatcom county, by asking her to review an enormous “packet” of crap they had collected to make me appear nuts, BEFORE she even interviewed me. She told them this was unethical.
16. State tried to prevent me from being able to rent from anyone in Wenatchee, after I refused their “One-way-bus-ticket-out-of-the-state” which was an idea concocted by joint efforts between CPS and medical professionals I was planning to sue for medical malpractice.
17. State did not offer any services prior to removing my son from my care, as required by law, that they exhaust all remedies before taking the extreme step of forcing a traumatic separation,
18. State told me I could legally leave the country while under investigation as long as there was no protective order and then lied about me to separate my son from me when we left,
19. State delayed on giving me their records after I signed a release of information at least 6 months to 1 year before I left for Canada, knowing I would obtain evidence of prejudice as I had tried to report social workers for discrimination and the complaints were brought to a halt at the Olympia level.
20. State Fair Hearings judge slandered me in a written opinion, claiming I believed all Catholics were out to get me and that I was “paranoid” about all catholics, which wasn’t true and was something I never said though he ascribed this to me. He also refused to hold other state employees accountable for perjury when he knew the evidence as right there on tape.
21. State employee, social worker, slandered me to CPS after I said I was reporting her for trying to kick me and my son off of benefits and lying about medical transportation reimbursement. She turned around, in response, and ran to CPS to cover herself,
22. State did not inform me that my social worker was best friends with my counselor, or, my social worker and counselor didn’t inform me of their connection, even though they both asked me questions about what I thought about eachother.
23. State refused to investigate for false accusations made to CPS and when I requested release of information and signed form, withheld the information from me. They dismissed all complaints as “unfounded” and then later added them all back in, as if every one of them was viable and true, even though they knew I had evidence to prove false accusations had been made,
24. State claimed I was drug seeking but refused to do UA’s when I requested, prior to my departure to Canada, and also refused to allow me to be evaluated for whether I was drug seeking or not or had valid pain issues because of injuries caused by medical malpractice
25.
26.
27.
28.
29.


Discrimination By Wenatchee Medical Professionals

1. Almost immediately upon arrival, the hospital and their employees at CWH, slandered me in their chart notes, claiming I didn’t have migraines but was “drug seeking” when they had NOTHING upon which to base this claim. I asked them to correct this and they refused and then they violated HIPPA and faxed these slanderous chart notes all over Wenatchee, to clinics I wasn’t even being seen at.

2. After I gave CWH documentation from 2 different neurologists that proved I had migraines, they still tried to claim they were tension headaches and refused to treat me. They still stubbornly refused to correct their slander of me as being drug-seeking.

3. After I told some people I was going to keep going to the ER just to establish the regularity of my migraines and how many times I was refused standard of care, for lawsuit purposes, CWH filed a legal injunction against me in Wenatchee, trying to “ban” me, claiming I was mentally ill and that I was drug seeking. Despite a memorandum from a legal aid attorney, claiming their injunction was discrimination against disability and that there was no way the hospital could claim I DIDN’T have migraines or pain, I was refused counsel, refused accomodation for migraine by the Judge presiding over that case, and also refused change of venue to King County, despite evidence I could not get a fair hearing in that town. I was also denied to right to jury trial.

4. CWH was subsequently stripped of their position as a top critical care hospital and the state ruled there was a pattern of incompetence regarding ability to treat or understand neurological injuries, which included migraines. Citing lack of experienced neurologists on staff at CWH, CWH was dropped down in status as a first level hospital and it was ordered all head injuries or ER emergencies of a more critical nature be redirected to Spokane or Seattle. I reminded CWH ER staff of this fact, and wrote about it online on my blog and they tried to make more CPS complaints against me.

5. A false (or fraudulent) lab came back testing me positive for THC, a marijuana compound, after I’d already threatened to sue CWH for defamation and finally faxed them evidence which showed I was diagnosed with migraine and so, in fact, I had concrete evidence they had slandered me. I was not notified of these results, and did not even discover them until 3 months later when I requested copies of my medical records and found this. It is illegal to withhold such a finding from a patient, and no one from either CWH or from Columbia Valley Community Health, told me about this. As a result, I was not given the opportunity to prove it was wrong by retesting or testing somewhere else at another lab, or having other factors ruled out which could create a false positive. CWH then used this false lab report as a type of “evidence” to clear them from my accusations of defamation that I was drug-seeking, because now they could claim they had proof I was “lying” and that they were right. To this day, however, I have hair samples from my long hair, from before going to Canada and trying pot for the first time, and these hair samples would prove I never tried pot. I also asked to have my hair analysis done, by Dr. Butler and Dr. Butler claimed it didn’t matter and he wasn’t going to order it because it was “no big deal”. It WAS a big deal, and Butler later even tried to claim I was drug seeking for morphine and narcotics, even though he was trying to push them on me and I was refusing them, especially in pregnancy. I was discriminated against for a dual diagnosis of “mental illness and drug seeking”, both of which were untrue and had no basis in fact.

6. CWH purposefully withheld treatment which would have alleviated severe pain, and provoked me, by harassing me and mocking me in person, by yelling at me, by rolling their eyes about me to other hospital employees, by pointing out a slanderous newspaper article written about me, and by gossiping about me. When I burst into upset and finally sent one or two (at the most) emails, out of distress after Dr. Jobe yelled at me and sneered he’d “give you TYLENOL for your tension headaches”, CWH pounced and filed for the injunction, even though they were the ones at fault.

7. Doctors at CWH and Columbia Valley and Wenatchee Medical discriminated against me by writing assumptions that I was mentally ill, claiming I’d said things I never said, such as that I’d been “raped by the FBI”, and not once did they have a professional opinion from a licensed psychologist (who was objective and not biased with a motive to work for another party they received an income from) or psychiatrist. Instead, all the evidence and reports from mental health professionals were to the contrary, that I was not mentally ill as they claimed. This discrimination served as a cover for the injuries I and my son sustained in childbirth, and as a result, I could not even get a basic X-ray to confirm a displaced and broken tailbone from anyone in that town. They also ignored me when I reported my son’s speech had gone from being articulate and highly developed, into gibberish within one week’s time. The discrimination prevented me, as a mother, from getting proper evaluations and diagnostics of my son, something Canada was willing to do and believed was necessary, but which Washington state tried to dismiss and cover up.

8. Dr. Butler and the Columbia Valley Community Health clinic refused to release copies of my signed releases for my son’s vaccinations at 2 months of age. I have repeatedly requested these, by letter, by email, by phone, and through other clinics, and to date, they have been refused. Butler knew my son was extremely sick after these vaccinations and he didn’t want me to report the effects to VAERS (vaccination adverse effects reporting system) and withheld information from me which he knew I planned to enter into a federal system, which could have prevented other children from having the same reaction.

9. Several things which affected my son were ignored by Wenatchee medical professionals. They ignored my report that my son had developed some kind of speech disability and refused to do any kind of diagnostics on his behalf, at a crucial time in his life and early development when the basics of speech are obtained. My son is still, to date, not speaking the way he was at one year of age. He is behind and the state has taken him out of my care, which was vigilant, and in his best interests, and tried to claim there was nothing wrong, and that then there was something wrong, and now there’s nothing wrong again. They make whatever claim suits their purposes and my son is not getting the care he needs, the diagnostics he needs, or the kind of speech therapy and alternative forms of speech that he needs. The longer he is in their care, the less time there is for me to work with him and get him to competent doctors who have another opinion and who want to help. Also, the state has deliberately stalled and delayed in every aspect of this process, which only allows the clock for statute of limitations to keep rolling, and without me as his legal guardian, I am unable to file a lawsuit for his damages within the statutes, on his behalf, when there is a law firm that specializes in brain injuries and other damages and wishes to take his case and help him.

There is already documentation that my son’s birth injuries will require some specialized care in the future, and who will pay for it, if the people responsible for these injuries and damages, are not sued? They know they are guilty and that my son and I have a claim which would cost them a lot and this is their main motive for trying to defame me and keep my son from me.

My son is disabled and is being discriminated against, by not just the state and state employees, but by medical professionals covering for themselves. My son had a head injury at birth which resulted in bleeding in the brain, and a scab over his head for over 3 months. He also had high bilirubin, at abnormal levels, at 3 months of age, and this is documented with a lab report. He also has had 2 independent pediatricians confirm my son’s teeth deformities, called “enamel dysphasia” are the likely result of severe pressure and trauma at birth. They both say there is no other cause for this, at his age, and say he will need special dental work in the future.

10.


I beg you, on behalf of the interests of me and my son, and the greater interests of the disabled community at large, that you will intervene and hold those who have violated your laws accountable for what they’ve done. We need your help and I’ve exhausted all other remedies. I especially beg you to intervene on behalf of my son although I’m uncertain as to the scope of your powers.

Thank you for your time and attention to these matters.