[nfbmi-talk] for those who cannot access link
joe harcz Comcast
joeharcz at comcast.net
Thu Jul 17 21:05:22 UTC 2014
Of course MAHS and no Michigan Court is fully accessable to we who are blind and in a timely manner. That is a documented fact.
And whizz bang lawyers like Zimmer and Rodgers have made BSBP itself inaccessible in these regards.
Source:
http://www.ada.gov/occ.htm
Settlement Agreement Between the United States of America and the Orange County Clerk of Courts in Florida
Press Release
DoJ seal
SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE ORANGE COUNTY CLERK OF COURTS
UNDER THE AMERICANS WITH DISABILITIES ACT
Department of Justice Complaint #204-17M-440
List of 34 items (contains 6 nested lists)
A. BACKGROUND
1. The parties to this Settlement Agreement are the United States of America and the Orange County Clerk of Courts in Florida (“Clerk of Courts”).
2. This matter is based upon a complaint filed with the United States Department of Justice that alleged that the Clerk of Courts discriminated against
an individual with a disability in violation of title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131 et seq. Specifically, the Complainant,
who is blind, alleged that he was denied full and equal access to electronic court documents in a case before the Ninth Judicial Circuit Court of Florida
(“Circuit Court”), in which he represented the plaintiff, because the Clerk of Courts failed to provide him with documents in an accessible format despite
repeated requests by the Complainant.
3. Under title II and its implementing regulation, Florida clerks of courts are required to make their programs, services, and activities accessible to
qualified individuals with disabilities. According to the complaint, the Clerk of Courts’ failure to provide the Complainant with any alternative methods
of accessing court documents, despite multiple requests, resulted in discrimination against the Complainant because he is blind, in violation of title
II of the ADA.
B. TITLE II COVERAGE AND FINDINGS
4. The Attorney General is responsible for administering and enforcing title II of the ADA, 42 U.S.C. §§ 12131-12165, and the regulation implementing title
II, 28 C.F.R. Part 35. The Department of Justice is authorized, under 28 C.F.R. Part 35, Subpart F, to investigate the allegations of the complaint in
this matter, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is
authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA.
5. The Complainant, who is blind, has a physical impairment that substantially limits the major life activity of seeing. Accordingly, he has a disability
within the meaning of 42 U.S.C. § 12102 and 28 C.F.R. § 35.104. The Complainant is also a qualified individual with a disability within the meaning of
42 U.S.C. § 12131(2) and 28 C.F.R. § 35.104.
6. The Clerk of Courts is the designated custodian of the court records. It is a separate legal entity from the Circuit Court and is a public entity covered
by title II of the ADA. 42 U.S.C. § 12131(1)(B); see also 28 C.F.R. § 35.104.
7. Under title II and its implementing regulation, public entities are required to make their programs, services, and activities accessible to qualified
individuals with disabilities. See 42 U.S.C. § 12132; 28 C.F.R. §§ 35.130, 35.160. Access to the official court record is a program, service, and activity
of the Clerk of Courts.
8. Title II of the ADA mandates that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or
be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 42 U.S.C. §
12132. Among other things, a public entity, in providing any aid, benefit, or service, may not, on the basis of disability: deny a qualified individual
with a disability the opportunity to participate in or benefit from the aid, benefit, or service; afford a qualified individual with a disability an opportunity
to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; provide a qualified individual with a disability
with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach
the same level of achievement as provided to others; provide different or separate aids, benefits, or services to individuals with disabilities or to any
class of individuals with disabilities than are provided to others, unless such action is necessary to provide qualified individuals with disabilities
with aids, benefits, or services that are as effective as those provided to others; or otherwise limit a qualified individual with a disability in the
enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. 28 C.F.R. §§ 35.130(b)(1)(i)-(iv),
(vii).
9. In addition, a public entity may not, directly or through contractual or other arrangements, utilize methods of administration that deny individuals
with disabilities access to the public entity’s services, programs, and activities or that perpetuate the discrimination of another public entity, if both
public entities are subject to common administrative control or are agencies of the same state. 28 C.F.R. § 35.130(b)(3). A public entity shall make
reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability,
unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. 28 C.F.R.
§ 35.130(b)(7).
10. A public entity must also take appropriate steps to ensure that communications with qualified individuals with disabilities—including individuals seeking
access to a service, program, or activity of a public entity, as well as their companions—are as effective as communications with others, and furnish appropriate
auxiliary aids and services, such as accessible electronic documents, where necessary to afford qualified individuals with disabilities an equal opportunity
to participate in, and enjoy the benefits of, a service, program, or activity of the public entity, consistent with the requirements of the law. See 28
C.F.R. §§ 35.160(a)-(b). In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the
requests of individuals with disabilities. 28 C.F.R. § 35.160(b)(2). In order to be effective, auxiliary aids and services must be provided in accessible
formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability. Id. This does not require
a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or
in undue financial and administrative burdens. See 28 C.F.R. § 35.164.
11. As a result of its investigation, the United States has determined that:
List of 9 items nesting level 1
A. Pursuant to Florida Statute 28.13 (2013), the Clerk of Courts is the designated custodian of the court records.
B. In all civil cases assigned to the Circuit Court, any information filed with the court has to be filed electronically with the Clerk of Courts. This
includes all court orders, decrees, judgments, and proceedings of the court, as well as all other docket matters.
C. The transition to electronic filing in Florida state courts was initially implemented by individual clerks of courts who, with approval from the Florida
Supreme Court, developed and adopted their own administrative procedures for the Electronic Case Filing (“ECF”) System. The Clerk of Courts thus controlled
the format in which documents were filed and could reject documents filed through the ECF System; if it did so, the document would not become part of the
official court record. Pursuant to this authority, the Clerk of Courts adopted ECF implementation procedures that required electronic filings be submitted
in portable document format (“PDF”) and be fully searchable and optical-character-recognition (“OCR”) compliant.
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D. Documents in the Circuit Court case in which the Complainant was attorney of record, and on which his complaint was based, were filed electronically
with the Clerk of Courts. However, some of the documents filed electronically with the Clerk of Courts in the Complainant’s case were filed in a non-searchable,
non-OCR-compliant PDF format that is not accessible to individuals who are blind or have other vision disabilities and use assistive technology, such as
screen reader technology. Consequently, those documents either had to be read to the Complainant by an assistant or were separately provided to him in
an accessible electronic format by defendant’s counsel.
E. At least one of the defendant’s motions included over twenty exhibits, the majority of which were filed in an inaccessible PDF format. These exhibits
were not provided to the Complainant in an alternative accessible format readable by his screen reader technology for over four months, despite repeated
requests.
F. During this time, the Complainant made multiple written requests—both to the Circuit Court and the Clerk of Courts—for these documents to be provided
to him in an accessible format readable by his screen reader technology. For example, the Complainant filed a motion with the Circuit Court requesting
that the defendant be required to provide copies of the inaccessible exhibits to him in an accessible format. The Complainant also submitted a request
to the Clerk of Courts requesting that these exhibits be provided to him in an accessible format. Ultimately, after many months of delay, opposing counsel
gave the Complainant accessible copies of the exhibits.
G. The Complainant also expressed additional accessibility concerns to the Clerk of Courts through written correspondence in October of 2011 and February
of 2012, in particular that individuals with vision impairments, including individuals who are blind, did not have equivalent access to documents filed
with the Clerk of Courts’ Office, as screen reader technology could only read documents in a digitized format and could not read most of the PDF-formatted
documents filed with the Clerk of Courts’ Office.
H. The Clerk of Courts reports that it began to investigate the Complainant’s concerns over the course of the next year. The Clerk of Courts further alleges
that the investigation included many communications with a colleague and client of the Complainant regarding accessibility issues and options, consultations
with a nonprofit organization providing services for the blind and visually impaired, consultations with the Florida Association of City Clerks regarding
ADA compliance for electronic filing, consultations with other Clerks, and meetings with the Complainant and information technology staff. Regardless,
the Clerk of Courts ultimately failed to provide the official court documents in an accessible format readable by the Complainant’s screen reader technology.
I. During the course of the Department’s investigation, documents in this case (and others in which the Complainant was directly involved) continued to
be filed electronically through the Clerk of Courts’ ECF System in an inaccessible format that could not be read by the Complainant’s screen reader technology.
Despite being put on notice of the Complainant’s disability and need for access to court documents in his cases in an alternate format, the Clerk of Courts
failed to provide these documents to the Complainant in an accessible format.
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12. As a result of its investigation, the United States has determined that the Clerk of Courts discriminated against the Complainant by excluding him from
full and equal participation in, and denying him the benefits of the services, programs, or activities of, the Clerk of Courts, by reason of his disability,
in violation of title II of the ADA and its implementing regulation. See 42 U.S.C. § 12132; 28 C.F.R. §§ 35.130, 35.160. The United States has further
determined that providing the requested documents to the Complainant in an accessible format would not result in a fundamental alteration or in undue financial
and administrative burdens—especially in light of the Clerk of Courts’ own requirements, as described in paragraph 11 above. See 28 C.F.R. § 35.164.
13. The Clerk of Courts disputes that it has unlawfully discriminated against any person or violated title II of the ADA and this Agreement shall not be
construed as an admission of liability by the Clerk of Courts.
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A. The Clerk of Courts further maintains that it has the legal obligation to maintain all papers and electronic filings in the Clerk’s office with the utmost
care and security. See Fla. Stat. § 28.13. The Clerk of Courts must maintain the integrity of all papers and electronic filings in the clerk’s office.
Therefore, the Clerk of Courts cannot modify or amend filed documents in a way that would impermissibly alter the papers and electronic filings. All
electronic filings must be formatted in a manner that complies with all state and federal laws requiring that electronic judicial records be accessible
to persons with disabilities, including without limitation the Americans with Disabilities Act and Section 508 of the federal Rehabilitation Act of 1973
as incorporated into Florida law by section 282.603, Florida Statutes. See Fla. Stat. § 282.603; see also Fla. R. J. Admin. 5.525(g) and 5.526.
B. In compliance with its obligations to maintain the integrity of electronic filings and ensure accessibility in developing its initial ECF System, the
Clerk of Courts worked with its technology vendor to ensure compliance with all applicable federal and state law regarding accessibility. The Clerk of
Courts obtained a Statement of Accessibility for E-Processes regarding its initial ECF System. This did not address hosting of third-party content.
list end nesting level 1
14. The Parties agree that it is in their best interests, and the United States believes that it is in the public interest, to resolve this dispute amicably
and without litigation. The Parties therefore have voluntarily entered into this Agreement, agreeing as follows:
C. ACTIONS TO BE TAKEN BY THE CLERK OF COURTS
15. Nondiscrimination. The Clerk of Courts shall not engage in any act or practice, directly or through contracting, licensing, or other arrangements,
that has the purpose or effect of unlawfully discriminating against any person with a disability in violation of title II of the ADA.
16. Accessibility of the Official Court Record. Within 90 days of the effective date of this Agreement, and throughout the term of the Agreement, the Clerk
of Courts will do the following to make access to the official court record accessible to qualified individuals with vision disabilities:
List of 6 items nesting level 1 (contains 1 nested list)
A. Establish and implement procedures for individuals with disabilities to request court documents in an accessible format, and designate a person or persons
in the Clerk of Courts’ office, and/or a qualified outside contractor, responsible for electronic and website accessibility, who will respond to any requests
for documents in alternate formats.
B. Upon request by (or on behalf of) an individual with a disability, provide the individual with any documents that are posted on the Clerk of Courts’
ECF System (should one exist during the term of this Agreement), the State’s eFiling Portal or other ECF System, or are a part of the Circuit Court’s official
court record in an accessible format, at no additional charge, in a timely manner, and in such a way as to protect the privacy and independence of the
individual with a disability.
List of 3 items nesting level 2
i. Individuals may request documents for an entire case in a single request. In addition, once the Clerk of Courts is notified that an individual with
a vision disability is a participant in a case before the Ninth Judicial Circuit Court of Florida, Orange County Division, whether as a litigant, attorney,
or in some other capacity, the Clerk of Courts shall ensure that all documents filed in that case are provided to the individual with a vision disability
in an accessible format, without any further requests, at no additional charge, in a timely manner, and in such a way as to protect the privacy and independence
of the individual with a disability.
ii. The determination of what qualifies as “timely” shall be made on a case by case basis. For the purpose of this Agreement, documents requested in an
alternate accessible format should usually be provided within five business days and in sufficient time to allow litigants to respond to the court document,
where relevant, in a timely manner and within any deadlines imposed by law or the court. In addition, the Clerk of Courts shall keep individuals with
disabilities apprised of the status of the expected delivery of requested or anticipated accessible documents.
iii. For the purpose of this Agreement, electronic documents will be considered “accessible” if they comply with the Web Content Accessibility Guidelines
2.0 level AA (“WCAG 2.0 AA”), available at
http://www.w3.org/TR/WCAG20/.
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However, if an individual with a disability requests a different format, the Clerk of Courts shall give primary consideration to the requested format(s)
of the individual with a disability.
list end nesting level 2
C. Establish and implement written procedures for the submission and handling of complaints received regarding alleged violations of the ADA, the inaccessibility
of the Clerk of Courts’ ECF System (should one exist during the term of this Agreement), and/or the inaccessibility of documents under the custody or control
of the Clerk of Courts.
D. Prominently post on the Clerk of Courts’ homepage, on the Clerk of Courts’ ECF homepage should one exist during the term of this Agreement, and in any
other appropriate publications addressing electronic filing, the procedures established pursuant to subparagraphs 16(b) and 16(c), with clear instructions
for how to submit such a request or complaint, including posting a telephone number and email address designated for these purposes.
E. Review the Clerk of Courts’ ECF System, should one exist during the term of this Agreement, to ensure that the system does not interfere with or impede
uploading of accessible documents and/or interfere with accessibility features of accessible documents.
F. Ensure all documents created by the Clerk of Courts and/or the Circuit Court that are posted on the Clerk of Courts’ ECF System (should one exist during
the term of this Agreement) or are otherwise made part of the official court record after the effective date of this Agreement, are accessible in accordance
with WCAG 2.0 AA.
list end nesting level 1
17. Web Pages. Within six months of the effective date of this Agreement, the Clerk of Courts’ website(s) shall comply with the WCAG 2.0 AA. The Clerk
of Courts’ website(s) include: (i) all web pages, web applications, resources, and services within the
www.MyOrangeClerk.com
domain, its subdomains, and related domains; (ii) all of the information, resources, files, databases, images, graphics, text, audio, video, multimedia,
services, code, and any other communications sent by or retrieved from
www.MyOrangeClerk.com
to members of the public accessing it; and (iii) all other websites owned, operated, branded, or paid for by the Clerk of Courts, including the Clerk of
Courts’ ECF System should one exist during the term of this Agreement. The requirements of this paragraph do not apply to submissions by a third party
in connection with an administrative, judicial, or legal proceeding that are available on either the Clerk of Courts’ or the State’s ECF System; these
submissions are governed by the requirements of paragraph 16 above.
18. Specific Relief. The Clerk of Courts will provide any court documents in the open cases in which the Complainant is currently attorney of record, party,
or otherwise involved as of the effective date of this Agreement, if any, in an accessible format to the Complainant within 30 days of the effective date
of this Agreement, at no cost, and in such a way as to protect the privacy and independence of the Complainant. In determining what accessible format
is necessary, the Clerk of Courts shall give primary consideration to the request(s) of the Complainant.
19. Training.
List of 5 items nesting level 1
A. The Clerk of Courts shall provide training on the WCAG 2.0 AA accessibility requirements, as well as the requirements of this Agreement, to all its employees
and contractors who design, develop, maintain, or otherwise have responsibilities related to access to court records and electronic and information technology,
including the Clerk of Courts’ ECF System (should one exist during the term of this Agreement), the Clerk of Courts’ website(s) as defined above, or third
party websites used by the Clerk of Courts.
B. The Clerk of Courts shall also provide training on the requirements of title II of the ADA and its implementing regulation to all employees and contractors.
C. Such trainings shall occur within 120 days of the effective date of this Agreement and every year thereafter for the term of this Agreement.
D. The Clerk of Courts shall send via electronic mail the proposed curricula and any materials for the trainings, as well as the name(s) and contact information
of the individual(s) who will conduct the trainings, to the Department no later than 45 days before the trainings occur. The Clerk of Courts shall adopt
any changes to the curricula and materials made by the Department of Justice, and the Department of Justice shall have the authority to approve the trainers
that the Clerk of Courts has selected, which approval shall not be unreasonably denied.
E. The Clerk of Courts shall create and maintain an attendance log that documents the name of each individual who attends the trainings, his or her title,
and the date he or she attended. Copies of such attendance sheets shall be provided to the United States within 10 days of any request for them.
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20. Notice of Completion. The Clerk of Courts shall notify the Department in writing when it has completed the actions described in paragraphs 16-19 above.
If any issues arise that affect the anticipated completion dates set forth in those paragraphs, the Clerk of Courts will immediately notify the United
States of the issue(s), and the parties will attempt to resolve those issues in good faith.
21. Scope of Duties. Notwithstanding any provisions contained herein, pursuant to 28 C.F.R. § 35.164, the Clerk of Courts shall not be required to provide
auxiliary aids and services, including accessible electronic documents, web pages, and web content, that it can demonstrate would result in a fundamental
alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. If providing an auxiliary aid or service
would result in such an alteration or such burdens, the Clerk of Courts shall take any other action that would not result in such an alteration or such
burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by
the Clerk of Courts, including access to the official court record. See 28 C.F.R. § 35.164.
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A. A determination that providing an auxiliary aid or service, including an accessible electronic document, web page, or web content, constitutes an undue
burden must be made by the Clerk or his/her designee and must consider all resources available to the Clerk of Courts.
B. A determination that providing an auxiliary aid or service, including an accessible electronic document, web page, or web content, constitutes an undue
burden must (i) be documented in writing, (ii) explain the reasons for the determination, (iii) identify any other actions that will be taken to provide
access, and (iv) be retained in the Clerk of Courts’ records and included in the quarterly reporting required by this Agreement in paragraph 23 below.
In addition, copies of such records shall be provided to the United States within 10 days of any request for them.
list end nesting level 1
22. Damages. After the effective date of this Agreement, within 10 days of receipt of an executed copy of the Release Agreement attached hereto as Exhibit
1 and an executed Form W-9, the Clerk of Courts shall pay $10,000 to the Complainant to compensate him for the harm he has endured (including, but not
limited to, emotional distress, pain and suffering, inconvenience, and other consequential injury) as a result of the Clerk of Courts’ failure to provide
the Complainant full and equal access to the official court record. Such payment shall be made by check payable to the order of the Complainant (in his
legal name) and delivered to the Complainant via overnight, private courier. The Clerk of Courts will notify counsel for the United States in writing
on the day when any payment of monetary relief to the Complainant required under this Agreement has been made.
23. Reporting. On a quarterly basis for the term of this agreement, the Clerk of Courts shall send an electronic message to counsel for the United States
with copies of any complaints received related to alleged violations of the ADA, vision disabilities, and/or the requirements of paragraphs 16 and 17,
as well as the Clerk of Courts’ response(s). If an oral complaint was made, the Clerk of Courts shall provide a written description of the complaint.
D. OTHER PROVISIONS
24. In consideration for the Agreement set forth above, the United States will not institute any civil action alleging discrimination under the ADA based
on the allegations raised in DJ # 204-17M-440, except as provided in paragraph 25 below.
25. Compliance. The United States may review the Clerk of Courts’ compliance with this Agreement or title II of the ADA at any time. If the United States
believes that this Agreement or any portion of it has been violated, it will raise its concerns with the Clerk of Courts, and the parties will attempt
to resolve the concerns in good faith. If the United States is unable to reach a satisfactory resolution of the issue(s) raised within 30 days of the
date that it provides notice to the Clerk of Courts, it may institute a civil action in the appropriate United States District Court to enforce this Agreement
or title II of the ADA against the party failing to comply with this Agreement.
26. Enforcement. Failure by the United States to enforce any provisions of this Agreement shall not be construed as a waiver of its right to do so with
regard to other provisions of this Agreement.
27. Nonretaliation. The Clerk of Courts shall not discriminate or retaliate against any person because of his or her participation in this matter.
28. Headings. The paragraph headings in this Agreement are for convenience only and will not be deemed to affect in any way the language or meaning of
the provisions to which they refer.
29. Signatories Bind Parties. The persons signing for the parties represent that they are authorized to bind their respective parties to this Agreement.
30. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to DJ # 204-17M-440, and no other prior or contemporaneous
statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Agreement, including
any attachments, will be enforceable.
31. Modification or Amendment. This Agreement can only be modified or amended by mutual written agreement of the parties.
32. Scope of Agreement. This Agreement does not constitute a finding by the United States that the Clerk of Courts is in full compliance with the ADA.
This Agreement is not intended to remedy any other potential violations of the ADA or any other law not specifically referenced herein. This Agreement
does not affect the Clerk of Courts’ continuing obligation to comply with all aspects of the ADA.
33. Severability. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain
in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the
United States and the Clerk of Courts shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may
be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.
34. Effective Date/Term of Agreement. The effective date of this Agreement is the date of the last signature below. This Agreement will remain in effect
for three years from the effective date of this Agreement.
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1
Electronic filing of court documents is now accomplished through the State “eFiling Portal” System (also referred to herein as the “State’s ECF System”).
If the document complies with the Supreme Court’s technical requirements, the Clerk is required to accept it into the Court’s case management system.
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2
PDF techniques for WCAG 2.0 are available at
http://www.w3.org/TR/2012/NOTE-WCAG20-TECHS-20120103/pdf.html.
In addition, guidance for applying WCAG 2.0 to non-Web documents and software, including PDF documents, is available at
http://www.w3.org/TR/wcag2ict/.
Additional resource guides on complying with WCAG 2.0 for HTML and PDF documents can be found at
http://blogs.adobe.com/accessibility/2012/01/wcag-2-0-techniques-for-pdf.html
;
http://www.w3.org/WAI/WCAG20/quickref/Overview.php
; and
http://webaim.org/standards/wcag/checklist.
AGREED AND CONSENTED TO:
JOCELYN SAMUELS
Acting Assistant Attorney General
EVE L. HILL
Deputy Assistant Attorney General
Civil Rights Division
REBECCA B. BOND, Chief
SHEILA M. FORAN, Special Legal Counsel
AMANDA MAISELS, Acting Deputy Chief
Disability Rights Section
Civil Rights Division
/s/ Cathleen C. Balboa
CATHI BALBOA, CAO
Orange County Clerk of Courts
425 North Orange Avenue
Orlando, FL 32801
(407) 836-2087
GAIL C. BRADFORD
Dean, Ringers, Morgan & Lawton P.A.
201 E. Pine Street, Ste. 1200
Orlando, FL 32801
(407) 422-4310
Attorneys for the Orange County
Clerk of Courts
7/15/14
Date
/s/ Megan Schuller
MEGAN E. SCHULLER, Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W. – NYA
Washington, D.C. 20530
(202) 307-0663
Attorneys for the United States
7/17/2014
Date
EXHIBIT 1
RELEASE OF CLAIMS
For and in consideration of the relief offered to me by the Orange County Clerk of Courts (“Clerk of Courts”) and pursuant to the Settlement Agreement between
the United States of America and the Clerk of Courts arising out of Department of Justice Investigation No. 204-17M-440:
I, ________________________________, the Complainant who initiated Department of Justice Investigation No. 204-17M-440 (“Complainant”), hereby release and
forever discharge the Clerk of Courts and its current, past, and future officials, employees, and agents, of and from any Americans with Disabilities Act-related
legal and/or equitable claims arising out of the facts identified in the Settlement Agreement related to Department of Justice Investigation No. 204-17M-440.
As a result, I agree and promise that I will not file any Americans with Disabilities Act-related suit, charge, complaint, proceeding or action at law,
in equity, or otherwise in any court, or any other judicial or administrative forum against the Clerk of Courts arising out of the facts identified in
the Settlement Agreement related to Department of Justice Investigation No. 204-17M-440. Excluded from this Release are any rights and claims that cannot
be waived by law.
This Release constitutes the entire agreement between myself and the Clerk of Courts, without exception or exclusion.
I acknowledge that a copy of the Settlement Agreement has been made available to me. By signing this Release, I acknowledge that I have been provided the
opportunity to review the same with an attorney of my choosing.
I have read this Release and understand the contents thereof and I execute this Release of my own free act and deed.
Date:________________________
_____________________________
Complainant’s Signature
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