BY MARIE-JO PROULX
In June of this year, a 54-year-old Illinois man who suffers from a developmental disability was refused housing and access to vocational activities by a facility whose mission it is to provide those very services. When The Lambs Farm Inc. of Libertyville learned that the man ( whose identity is not being made public ) was HIV positive, they rejected his application. Equip for Equality, the only organization mandated by the state to advocate for people with disabilities, took the case. After multiple attempts at reaching an agreement failed, they filed a complaint in U.S. District Court Sept. 27.
The complaint alleges violations to the Rehabilitation Act of 1973, the Fair Housing Amendments Act, and the Americans with Disabilities Act. In each of the three counts Equip for Equality is asking for a declaratory judgment outlining the discriminatory behavior by Lambs Farm; a court order to admit the man to both residential and vocational programs; and attorney fees and costs. Compensatory and punitive damages are also sought.
Karen I. Ward, one of the Equip for Equality attorneys handling the case, said that they had been talking with Lambs Farm directors for a long time, sending them various documents and trying to enlighten them about the facts of HIV transmission and the protections the law extends to disabled individuals. But communication was unilaterally cut off by Lambs Farm, making negotiation impossible and legal recourse inevitable. 'We are highly disappointed and shocked,' she said of the care provider's decision to let the case go to court. 'We are serious, we are hoping for a quick resolution, a settlement is always a possibility,' she added.
Contributing to the dismay caused by Lambs Farm's position is the history the man in question has with the suburban institution. According to a statement by Equip for Equality's legal advocacy director, Barry Taylor, the man had used their vocational and recreational services for many years until his mother's illness forced him to move out of state in 2003. She had set up a trust fund that would have benefited Lambs Farm after her son's death.
When she passed away in 2004, her son returned to Illinois and applied for residential services. Lambs Farm showed him the apartment he would occupy upon completion of the application process. But when his medical records revealed his HIV status, he was denied all services, including access to the grounds. 'He can't even stop by and see the people he knows there, which makes him very sad,' Ward explained.
Lambs Farm's Chair of the Board, Robert E. Neiman, who practices business law at Greenberg Traurig LLP, in Chicago, and is a shareholder in their corporate and securities department, argued that the rejection was based on the man's 'communicable disease.' For her part, Dianne Yaconetti, Lambs Farm's executive director, said she was concerned other residents would find out about the man's HIV status and grow fearful. Ward observed that such comments were based on 'ignorance' and assumed an unfounded 'fear in consumers.'
Lambs Farm will have 20 days to answer the claim from the date they are officially served, which is likely to have been Monday, Oct. 3. In the meantime, the man is safe and living in an undisclosed location. Confident that the law is firmly on his and Equip for Equality's side, Ward insisted, 'we are willing to talk to them anytime.'
Founded as a small non-profit corporation in 1961, Lambs Farm has grown considerably. It currently serves approximately 250 disabled adult men and women on a 72-acre campus.
In addition to supplying legal representation, Equip for Equality also investigates reports of abuse and works in the fields of public policy and disability rights education.
To view the Equip for Equality complaint, go to www.equipforequality.org .
