Did your lived experience as a person with a disability inform your decision to go to law school and pursue disability rights? If so, how?
Absolutely. I acquired my disability as a teenager and until that point disability and law school were the furthest things from my mind. I was a focused runner and year-round competitive swimmer. Becoming a wheelchair-user introduced me to a world I had not known. I experienced disability discrimination for the first time when I encountered inaccessible buildings, but I did not have the vocabulary or toolbox to address it. I got to know a lot of other disabled people who were also trying to navigate instances of discrimination. I saw what a difference it made when a person had a lawyer on their side and recognized that few disabled people can afford a lawyer. I watched people get left behind in many facets of life, including education – for example, not getting requested accommodations on standardized tests to advance to the next level and reach professional milestones. That ignited something in me and drove me to go to law school.
Can you tell us about a few of the many class action and impact litigation lawsuits in your portfolio that you are most proud of and why?
In Brooklyn Center for Independence of the Disabled v. Bloomberg, I litigated a class action to a successful trial verdict, on behalf of more than 900,000 people with disabilities. The case challenged New York City’s failure to address their needs in its emergency preparedness plans. As someone who has been left to fend for myself in an emergency evacuation, this case hit home for me. We held an entire city accountable. I also have had the privilege of representing people who are deaf and have intellectual and developmental disabilities who needed effective communication, disabled people who are incarcerated and held in inaccessible facilities, blind people who are unable to independently access technology, and more. Over its 30-plus year history, DRA has brought some of the most groundbreaking cases on behalf of the disability community.
The ADA has improved the lives of persons with disabilities, but more needs to be done. Can you address some of the biggest challenges that remain?
There is no sphere of life that disability does not touch, and the ADA was set up to be enforced through litigation. That means disabled people must bring lawsuits or at least send a letter that might later result in a lawsuit. Our founder realized this; DRA was founded in 1993, shortly after the ADA was passed. Overall, disability rights lawsuits are taking longer to resolve today than they did back then. Defendants are fighting cases harder and appealing more. Many courts have become less predictable in how they rule on disability rights legal issues. We are seeing ADA backlash in a way that we never have. For example, we have seen attempts to require a period of “notice and cure” to defendants before litigation can proceed. This remains a huge challenge for the disability community. The need to litigate to protect and advance disability rights as society continues to evolve is more important than ever. Given the pace of changing technology, education, employment (and the list goes on) there will never be a shortage of battles to fight to ensure equity.
You were honored as the D-30 Disability Impact List? What did that mean to you?
I was incredibly honored to be named alongside 30 disability community leaders worldwide. Looking at the wide array of accomplishments of all the honorees across so many sectors is a good reminder that the disability community is incredibly vast and diverse and no matter how hard we try, we only know a fraction of the community!
As a law student, you co-founded the National Association of Law Students with Disabilities (NALSWD)? What led you to do this? What impact did NALSWD have on students, law schools, and the legal profession?
Early in my law school career, about 20 years ago, the American Bar Association (ABA) convened law students with disabilities nationwide who were interested in coming together to create an organization. At that time, there were affinity groups for many other minority groups, but not for disabled law students at the national level. That initial meeting in Washington, DC led to the creation of NALSWD, an organization that provided community for disabled law students throughout the country. Due to student matriculation and turnover at any given law school, most of us struggled to find community, but we found a more critical mass when we came together at the national level. Being organized on the national level was empowering and provided a springboard and support system as we navigated our legal education and professional opportunities. Today, my peers from that organization are leaders throughout the profession, ranging from law firm partners to policymakers, non-profit leaders, and more!
You co-edited Lawyers, Lead On: Lawyers with Disabilities Share Their Insights (ABA Press 2011), which featured letters from lawyers with disabilities to aspiring and rising lawyers. What progress has the legal profession made for lawyers with disabilities? What challenges remain?
We have come a long way but have a long way to go. Lawyers with disabilities are still fighting hard to break through the glass ceiling. I look forward to the day when we have a critical mass of disabled lawyers in the highest leadership positions throughout our profession – as law firm partners, judges, legislators, non-profit leaders, government lawyers, in-house counsel, and the list goes on. The pipeline is improving, but people with disabilities still need support along the way – to get into law school, to launch their career, and to be as ambitious as they want to be in their career.
Is there anything you would like to add?
Attitudes and outdated notions of disability as “other” or somehow “less than” are some of biggest barriers that permeate society. Fixing these does not cost money but takes understanding and intentionality. I highly recommend DRA Board Member Emily Ladau’s book, Demystifying Disability: What to Know, What to Say, and How to Be an Ally, which addresses all this and more!
