[blindlaw] service of process and reasonable accomodations

[Charles Krugman]

This is an interesting argument. Additionally with many small claims or 
landlord-tenant claims for unlawful detainer here in California these types 
of complaints in many cases are handwritten on forms that involve filling in 
blanks or checking boxes which would make them unreadable with devices such 
as the SARA or KNFB reader. I have had occasions when I have been served 
that process servers have taken it upon themselves to read the complaint 
after I acknowledged my identity to them.
Charles L. Krugman, M.S.W., Paralegal
1237 P Street
Fresno ca 93721
559-266-9237
----- Original Message ----- 
From: "Mike Gilmore" <m_b_gilmore at yahoo.com>
To: <blindlaw at nfbnet.org>
Sent: Friday, November 21, 2008 5:20 AM
Subject: [blindlaw] service of process and reasonable accomodations


This question is for Virginia lawyers--but people from other jurisdictions 
feel free to chime in.

I was watching ER last night (yes, I'm one of those people who still watch 
it regularly after all these years. You know, you start it at the beginning 
and you gotta see how it ends.) Anyway, Dr. Raskotra was served and is being 
sued for medical malpractice. All of a sudden, a light went off in my head.

As lawyers, I'm sure some of you have been served because of your clients or 
in general (e.g., divorce, whatever.) Has anyone ever thought of using as a 
basis for improper service that you weren't served in an alternate format 
(i.e., braille) and as such, your right to reasonable accomodation under the 
ADA has been violated? Granted, Virginia law doesn't allow this as a basis 
upon which to raise improper service (and I'm sure other jurisdictions don't 
as well.) But, who's to say we can't use this as a basis? I mean, if the ACB 
can raise a lawsuit for braille money, what's to stop us from asserting this 
as a ground in the service of process phase? Concededly, federal civil 
procedure doesn't allow for this ground either; but, think about it. We are 
handed a document and how many of us have a scanner or SARA sitting in our 
briefcase to scan the document? Sure, some of us may have a sighted 
assistant who can say, "It's a complaint by John Doe", but what
 about those lawyers who don't have sighted assistants?

Of course, the other side to the argument is, "Well, someone comes up to you 
and says you've been served, it's logical that you being an attorney would 
realize what the document is. People just don't walk up to others and say, 
"Congratulations! You've been served!""

Just something to ponder. I'd love to hear opinions and thoughts. Keep in 
mind, I'm not saying we should assert this as a ground for improper service; 
we must obey the statues and rules of civil procedure in the federal and 
state jurisdictions. It's just something to chew on.

Mike



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