[Nfbc-info] Acosta Trial Update

[Tim Elder]

Hello everyone,

For those who saw the below press release I posted earlier this week about a
trial in Huntington Beach on behalf of a blind veteran denied a loan because
he did not have a drivers license, I'm told the jury found in his favor.
They awarded him $160,000 in damages.  The attorney is also filing proposed
changes to the lender's policies for court enforcement.

Any federal jury finding in favor of a blind person is a good thing.

Regards,


 
BLIND WAR HERO'S NEXT FIGHT IS IN FEDERAL COURT
Blind War Vet denied bank loan because he didn't have a driver's license
HUNTINGTON BEACH, Calif., October 17, 2013- Army Sgt. Major Jesse Acosta's
latest fight is against his bank, who denied his approved and fully executed
loan, only after finding out that Sgt. Major Acosta is blind.  In 2006, Sgt.
Major Acosta was hit by a mortar while leading his men on a mission in Iraq.
He returned to his job at SoCal Gas Company in Garden Grove, with a Purple
Heart, but suffering with Traumatic Brain Injury, severe Post Traumatic
Stress Disorder (PTSD); and without his eyes. 
 
On Tuesday, October 22, 2013, Sgt. Major Acosta will ask a federal jury to
find that Huntington Beach-based NuVision Federal Credit Union ("NuVision")
refused to fund a $20,000 loan they offered him after he went to sign loan
documents and the bank realized Sgt. Major Acosta was blind.  NuVision
reneged on the fully executed loan, and told Sgt. Major Acosta "You didn't
tell us you were blind, that's a problem."   NuVision claimed that Sgt.
Major Acosta had to produce a valid driver's license to qualify for a loan.
 
In a move reminiscent of the 1950's, when women could not borrow money
without their husbands or fathers co-signing loans for them, NuVision's
manager told Sgt. Major Acosta to get a co-signer for a new loan.  The only
qualifications Jesse's co-signer needed, according to NuVision, was a valid
drivers' license-the one qualification no blind person could ever meet.  
 
Since returning from Iraq, Sgt. Major Acosta, a father of four, has been a
leader in advocating for the needs of returning disabled vets, testifying
before Congress, speaking at the White House, and working with injured vets.

      
Pursuant to the American's with Disabilities Act, and the Unruh Act,
businesses cannot discriminate on the basis of a person's disability.  Sgt.
Major Acosta will prove that NuVision denied him a loan because he was
blind, and not on the basis of a legitimate business purpose.        
 
This is "the first time I was made to feel that I was less of a person
because of my disability," stated Sgt. Major Acosta.  He has been battling
depression, anger and severe episodes of PTSD that cause him great physical
and mental anguish, as he relives the helplessness he felt in dealing with
NuVision's denial of his loan."  Sgt. Major Acosta's anger and depression
has turned into a new mission to stop NuVision's discrimination, and teach
business that discrimination injures returning vets.
 
Sgt. Major Acosta was referred to civil rights attorney Patricia Barbosa,
the founder of Barbosa Group, who has 26 years of experience enforcing civil
rights.  "NuVision's policy-that blind customers must have valid driver's
licenses-is discrimination on its face and violates the ADA and California's
Unruh Act," said attorney Barbosa.  "I want to vindicate Jesse's belief that
he is a full member of society, even if he is disabled," said attorney
Barbosa.
 
The jury trial will be heard by Judge Margaret Morrow in the Roybal Federal
Courthouse in Los Angeles on October 22nd-24th.  "I want NuVision to
understand that discrimination is wrong, and is not just business as usual,"
said Sgt. Major Acosta.
###
For more information, or to schedule an interview with Sgt. Major Acosta,
please call Patricia Barbosa at 714/465-9486 or email
PBarbosa at Barbosagrp.com