A Florida physician was denied a motion to dismiss a suit alleging violations of the Americans with Disabilities Act in the U.S. District Court for the Southern District of Florida on July 25.
Carlos Alonso filed the lawsuit against Dr. Gladys Y. Alonso on behalf of his adult son, Angie Alonso, a former patient of Gladys Alonso who suffers from cerebral palsy and other conditions that require, among other things, that he use a wheelchair.
Carlos Alonso asked the court for injunctive relief via Title III of the ADA.
Gladys Alonso filed a motion to dismiss the lawsuit, saying the alleged first violation occurred in 2012, meaning the statute of limitations would have ended in September 2016, and Carlos Alonso filed the lawsuit in 2018.
The court didn't agree.
“Because Carlos is seeking prospective injunctive relief to remedy alleged continuing violations of the Title III of the ADA, the court finds that Count I is not time-barred,” the court ruled.
Carlos Alonso's injunction motion was based on doors and waiting areas in Gladys Alonso’s office are allegedly not big enough to accommodate someone in a wheelchair. Carlos Alonso said that if the office complied with ADA requirements, he would have no problem in taking Angie Alonso to Gladys Alonso still.
Angie Alonso is unable to speak or communicate alone and needs around-the-clock help, the lawsuit states. Carlos Alonso and Angie Alonso’s mother provide him with this assistance, along with a personal care assistant via Home Health Aid Services, which is offered through Medicaid. In order to receive this care, Angie Alonso has to get a medical assessment every two months with a certified State of Florida physician.
Gladys Alonso was that physician from September 2012 through December 2016. Toward the end of that time, the lawsuit allges, Gladys Alonso missed meetings and failed to complete required visits.
Angie Alonso had to undergo emergency treatment that he would not have had to experience if Gladys Alonso was providing adequate care, the lawsuit said. But Carlos Alonso said a key issue was that Angie Alonso’s wheelchair didn’t fit in the elevators or office door, and the waiting room was confined.
A court clerk entered a default against Gladys Alonso in November 2018, but before Carlos Alonso could move for default judgment in January, she appeared in court and said she missed the deadline because she checks her email only once a month. The court vacated the default.
Carlos Alonso filed an amended complaint asking for injunctive relief via ADA that would call for Dr. Gladys to “alter the office and/or its facilities to make them accessible to and usable by individuals with disabilities” in February.
Gladys Alondo followed with the motion to dismiss.
U.S. District Judge Robert N. Scola ruled on the case.