Hahn ex rel. Barta v. Linn County, Ia
| Decision Date | 02 February 2001 |
| Docket Number | No. C99-19.,C99-19. |
| Parties | Douglas Edward HAHN, by and through his co-guardians Judith BARTA and Barbara Axline, Plaintiff, v. LINN COUNTY, IA, a local government entity; Lu Barron, Lumir Dostal, Jr., and James Houser, in their official capacities as members of the Linn County Board of Supervisors; and Discovery Living, Inc., Defendants. |
| Court | U.S. District Court — Northern District of Iowa |
Sondra B. Kaska, Iowa City, IA, for plaintiff.
Jeffrey L. Clark, Assist. County Atty., Cedar Rapids, IA, for Linn County, Linn County Bd. of Supervisors, defendants.
Kelly R. Baier, Bradley and Riley, P.C., Cedar Rapids, IA, for Discovery Living, defendant.
TABLE OF CONTENTS
I. INTRODUCTION ......................................................... 1040
A. The Parties ....................................................... 1040
B. Factual Background ................................................ 1040
C. Procedural Background ............................................. 1041
II. LEGAL ANALYSIS ....................................................... 1042
A. Standards for Summary Judgment .................................... 1042
B. Federal Disability Claims ......................................... 1043
1. Title II claims against Linn County ............................ 1044
a. Benefit denied .............................................. 1045
b. Meaningful access ........................................... 1048
c. Discrimination "by reason of his disability" ................ 1049
d. "Reasonable modification" ................................... 1051
e. Significance of complying with MHDD ......................... 1053
2. Title III claims against Discovery Living ...................... 1053
a. Eligibility criteria ........................................ 1055
b. Reasonable modification ..................................... 1056
c. Auxiliary aids .............................................. 1057
d. Equal access to services .................................... 1058
3. Relationship between Linn County and Discovery Living .......... 1059
C. State Disability Claims ........................................... 1059
III. CONCLUSION ........................................................... 1060
The summary judgment motions filed by each defendant in this disability discrimination case raise the following novel question: Whether the defendants' refusal to provide facilitated communication, an alternative form of communication, to an autistic individual violates both federal and state disability discrimination laws?
Plaintiffs Judith Barta and Barbara Axline, as co-legal guardians of their brother Douglas Edward Hahn ("Mr. Hahn"),1 have brought suit on his behalf against defendants Linn County, Iowa, Lumir Dostal, Jr., James Houser, Lu Barron, in their official capacities as members of the Linn County Board of Supervisors, (all will be collectively referred to as "Linn County"), and Discovery Living, Inc. ("Discovery Living") under Section 504 of the Rehabilitation Act of 1973 ("RA"), Title II () and Title III () of the Americans with Disabilities Act of 1990 ("ADA"), and IOWA CODE Chapter 216 of the Iowa Civil Rights Act of 1965 ("ICRA").
Mr. Hahn is a disabled fifty-five year old man who is under the legal guardianship of his sisters, Judith Barta ("Ms. Barta") and Barbara Axline ("Ms. Axline"). Linn County is a local government unit that operates Options of Linn County ("Options"), a sheltered workshop for persons with disabilities, through the Linn County Department of Human Resources Management. Mr. Dostal, Mr. Houser, and Mr. Barron are members of the Linn County Board of Supervisors, and they are sued in their official capacities. The Board of Supervisors is responsible for, inter alia, overseeing the operation of all programs, services and activities of the county, including Options, and for doing so in accordance with state and federal law. Discovery Living is a private, non-profit corporation that contracts with defendant Linn County to provide residential supports and services to persons with disabilities. Specifically, Discovery Living owns and manages community-based supported living homes for persons with disabilities.
Mr. Hahn is diagnosed with cognitive delays and autism.2 He resides in a Home and Community Based Services waiver home, which is similar to a group home, operated by Discovery Living. During the day, Mr. Hahn attends Options where he works with other people with disabilities in a supervised workshop. In August of 1993, the staff at Options introduced Mr. Hahn to Facilitated Communication ("FC"), and used FC with Mr. Hahn in his work setting. At that time, the staff at Discovery Living also began to use FC with Mr. Hahn in his group home setting. See "Facilitated Communication," Autism Society of America (September 1993).
In the Fall of 1993, a decision was made by Linn County to cease using FC with its Options clients. Similarly, because Discovery Living contracts with Linn County, Discovery Living also ceased using FC with its clients. Linn County asserts that its decision to cease using FC was motivated by several factors, including the lack of research validating FC, the difficulty in finding assistance in developing protocols, as well as surfacing concerns over allegations of sexual abuse by means of FC. Linn County asserts that, for approximately one year, it continued to research FC and tried to develop and implement a policy that would allow it to resume using FC. Ultimately, however, Linn County never resumed using FC. Linn County's cessation of using FC generated numerous complaints raised by Mr. Hahn's legal guardians on his behalf. Mr. Hahn and his legal guardians repeatedly endeavored to persuade Linn County to resume using FC, because they believe that FC is the most effective mode of communication for Mr. Hahn. Mr. Hahn's sister, Ms. Barta, went so far as obtaining instruction in facilitation, and to this day, she continues to use FC with her brother when he visits her home. At the present time, however, Linn County and Discovery Living do not use FC to communicate with Mr. Hahn.
In 1997, Mr. Hahn, through his legal guardians, initiated a consumer dispute resolution process concerning Linn County's policy/practice of not providing FC. This was a three-step process involving review by the Dispute Resolution Officer, the Director of Options, and the Executive Director of the Department of Human Resources Management. Additional review was made by staff prior to the final decision by the Executive Director. An Appeal was heard by the Linn County Board of Supervisors resulting in a unanimous vote to deny Mr. Hahn's request that county personnel participate with him as FC facilitators or that FC be provided as a county-funded service. It was this decision that precipitated Mr. Hahn's legal guardians to file suit, challenging Linn County's policy/practice of not providing FC to Mr. Hahn, which is his preferred and allegedly most effective mode of communication, in the settings in which he lives and works. Mr. Hahn contends that the defendants' policy/practice regarding FC deprives him of his ability to engage in meaningful communication with the persons with whom he lives and works, thereby violating the RA, the ADA, and ICRA.
On August 11, 2000, Linn County filed a motion for summary judgment. In its motion, Linn County contends that even after taking all the reasonable inferences in a light most favorable to Mr. Hahn, he has failed to set forth specific facts sufficient to show that he has been denied any benefit offered by Linn County, that there is any documented expert opinion that FC is necessary for Mr. Hahn's meaningful access to benefits provided by Linn County, and that the denial to provide FC by Linn County is based solely on Mr. Hahn's disability. Specifically, Linn County asserts the following four reasons in support of its motion for summary judgment: (1) that the RA and the ADA cannot be invoked when the "benefit denied" (FC) is not part of the program or activity offered; (2) that Mr. Hahn cannot maintain a "meaningful access" argument without some showing that FC is required; (3) that the RA and the ADA cannot be invoked where there is no showing that the alleged discrimination occurred "solely on the basis of plaintiff's disability"; and (4) that Linn County's administration of its Mental Health and Developmental Disability ("MHDD") services complies with the implementing regulations of the ADA. Linn County further contends that upon dismissal of Mr. Hahn's federal claims, for the reasons stated above, this court should exercise its discretion to entertain Mr. Hahn's state claim and grant summary judgment in its favor on that claim as well.
On August 14, 2000, Discovery Living filed its motion for summary judgment, contending that Mr. Hahn cannot establish a prima facie case for unlawful disability discrimination under the...
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