[blindlaw] service of process and reasonable accomodations

[James Pepper]

Ok Charles, given that California is about to go digital in its documents,
and accept digital signatures, what about a thumb drive, and by the way I
could make that form!

James Pepper
On Fri, Nov 21, 2008 at 7:13 PM, Ray Wayne <RWayne1 at nyc.rr.com> wrote:

> I would never make this argument!  It would suggest that we who are blind
> cannot handle printed material.
> I was served with process once.  I asked the guy where it was from, and
> when
> he told me, I knew what it was about.
> Ray
>
> ----- Original Message -----
> From: "Mike Gilmore" <m_b_gilmore at yahoo.com>
> To: <blindlaw at nfbnet.org>
> Sent: Friday, November 21, 2008 8:20 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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