Legal Updates

EFE Obtains Court Order Allowing Man with Mental Illness to Receive Requested Life Support

Darrell, a man with mental illness living in a nursing home, was experiencing liver failure as a result of his long-term use of psychotropic medications. To maintain his health, he needed dialysis three times a week at the local hospital. When it was discovered that he also had late-stage cancer, his father, who was Darrell's guardian but rarely visited his son, decided to terminate the dialysis and let his son die. Darrell, however, was aware of his situation and asked to continue treatment. A social worker acquainted with the case contacted Equip for Equality to seek help in protecting Darrell's right for continued dialysis. She told Equip for Equality that Darrell would die quickly if he lost his treatment and action needed to be taken promptly.

Equip for Equality spoke to Darrell, who specifically requested dialysis and indicated why he needed and wanted it. Within a day, Equip for Equality prepared a Petition for Temporary Restraining Order (TRO) and affidavits, and arranged for witnesses to be present for the hearing. The next day, the court entered a TRO requiring the guardian to comply with Darrell's wishes and allow the dialysis.

The hospital, however, was reluctant to abide by the order because the attorney believed that the hospital, which was located in Indiana, was outside the jurisdiction of the Illinois court. Equip for Equality persuaded the attorney that the hospital was indeed bound by the order under the Full Faith and Credit Clause of the U.S. Constitution, and the hospital soon relented to the order and administered the dialysis.

Darrell lived for nine more days. His mother, who had maintained close contact with her son for decades, related to Equip for Equality that Darrell's last days were spent with her and his siblings and that the extra days obtained through Equip for Equality's efforts brought the family precious time, peace and closure.

EFE Successfully Opposes Guardian's Petition for Sterilization of Ward with Traumatic Brain Injury

Equip for Equality represented a young woman with traumatic brain injury in her mid-20s. She was injured in a car accident in which her mother was killed. Her aunt became her legal guardian and had petitioned to have the woman involuntarily sterilized. Equip for Equality served as independent counsel and after a trial and subsequent hearings, the judge denied the petition for a tubal ligation.

EFE Successfully Advocates for People with Developmental Disabilities in Housing Discrimination Case

Equip for Equality represented five individuals with developmental disabilities who receive community services from Bethesda Lutheran Services. Bethesda had decided to build a new home for these individuals in Sherman, Illinois, and operate it as a Community Integrated Living Arrangement. The individuals who would reside in the new home participated in selecting a lot on which to build. After looking at many lots, they found one they liked with a small fishing pond located on it. Bethesda placed a no-contingency cash offer on it in December 2003, but the developer ignored the offer. Subsequently, Bethesda made an extension of that offer, made a new offer and then extended that offer twice. The developer learned that Bethesda had plans to build a group home on it and refused to respond to the offers.

In real estate transactions it is improper to fail to respond to a bona fide bid for real estate. Based upon this and various remarks made by the developer, Bethesda believed that the reason the lot was not sold to it was because the intended residents had developmental disabilities. Equip for Equality filed HUD complaints on behalf of the five residents.

HUD investigated the matter and concluded that disability discrimination had occurred, and it filed administrative charges against the developer. The developer elected to have the matter proceed in federal district court. The Department of Justice filed suit, and Equip for Equality intervened and represented the five individuals. The case advanced to the discovery phase and was then settled on terms satisfactory to the five clients and their guardians.

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