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                       Pro Se Instructions

     Thanks to the Pennsylvania Coalition of Citizens with
     Disabilities for providing this information on how to
     file a Pro Se Lawsuit.


     Pro Se? Nothing to it!

     By John Tassone

     What is a Pro Se Complaint? This is, quite simply, a
     lawsuit that a person files without a lawyer. The ADA
     Pro Se must be filed in Federal District Court.,
     because the ADA is a Federal law. To find out which US
     District Court you will be filing your complaint in,
     look in the phone book blue (or green) pages, under
     United States Government Offices, "U.S. Courts".

     Why file a Pro Se complaint? As the chair of an
     advocacy group called the Disability Action Crew
     (DAC), I have lots of information to help others
     advocate for access. With every question I get asked
     about advocacy, it seems I often end up with more
     questions that go unanswered. It's like a coach trying
     to beat a team that makes all the rules as the game
     goes along. He's out there, he's trying to win, but
     every time he goes for the goal there's a different
     set of rules. Advocacy's like thatowe don't know the
     rule of winning access until we break them. And we
     look to authorities for the answers: the DOJ, the
     EEOC, the HRC, the DOT.

     How about us? We are the real authority, because we
     live with the discrimination day in and day out. The
     Pro Se is our tool. Many businesses and other public
     accommodations are not making their places accessible.
     Their attorneys told them to ignore the ADA until
     someone makes an issue out of the lack of access.

     I've spent a lot of time sending accessibility
     complaints to the DOJ for the "mediation process",
     which is supposed to be a faster way to get better
     compliance. No response. I waited and got no response.
     I'm still waiting for, at the very least, a letter
     confirming that they received the things, let alone
     tell me what action, if any, they would be taking.
     Nothing.

     How does it work? I attended a meeting with a group of
     advocates from across Pennsylvania, and Steve Gold,
     the attorney who designed this Pro Se, told us about
     filing our own lawsuits. Once I learned how to use it,
     I was ready for action, I couldn't wait to do my first
     case. My success rate since I began to use the Pro Se
     form has been 100%: all public accommodations served
     with papers under the Pro Se method have made their
     places accessible.

     The form needs to be filled out, and copies made. The
     number of copies will depend upon your Federal
     District Court, so call and talk to them about this.
     Depending on your income, you may be able to file your
     complaint free of charge, so ask about this as well.
     Here's one success story:

     A fellow advocate member of DAC, our advocacy group,
     filed her Pro Se in Federal District Court, after
     waiting and waiting for DOJ to respond. She lives on a
     low fixed income, and was able to waive the filing
     fee. Within a week, she received her notification of
     receipt that her case is now pending in federal court.
     At the same time she received notification that the
     inaccessible business was being served the complaint
     by a federal marshal. Shortly after that, she received
     a letter from the attorney for the inaccessible
     business stating that they wanted to settle out of
     court. Of course!! We settled for full compliance with
     the ADA.

     I highly recommend using the Pro Se. We use it only
     after we've attempted to deal with the business either
     through a letter, phone call, or face-to-face meeting,
     discussing our access issues, and the business still
     won't budge.

     I still have a pile of 14 complaints sent to DOJ last
     year. I've heard absolutely nothing from DOJ. That's
     why we've taken advantage of the Pro Se, and we're
     finding it works.

     When a federal marshal serves an inaccessible business
     with a summons to federal court, that inaccessible
     businesses starts to take you seriously!!

     Pro Se Instructions

     Don't let the Pro Se form scare you. It's easy! All
     you have to do is just put it in the computer and fill
     in the bold parts that are in parentheses. If you do
     not have a computer, then use the "blank" pro se. We
     have an example copy included for your convenience.
     Keep the example copy with you at your side as a
     guideline. Once you have the disk copy in your
     computer and the example copy in front of you, just
     follow these suggestions and you're on your way:

     1. Fill in the [brackets] with your information.
     Remember, you are the plaintiff, and the business is
     the defendant.

     2. Each Paragraph is numbered on the left hand side.
     When you get to paragraph 15, you'll see that it
     reads, "a failure to remove architectural barriers."
     This will be different if the barriers are against
     people who are deaf or hard of hearing. For example,
     the barrier may be a phone bank without a TTY.

     3. Paragraph 16 may also be different, depending on
     what the barrier is. It's a good idea to attach photos
     of the barrier, as well as any letters of
     correspondence.

     4. If you or your group made any effort to inform
     business owners in your area about the ADA, you might
     want to make a Paragraph 18 that will read like this:
     "On April 22, 1993, the Louisville CIL conducted a
     free seminar on the ADA, and sent out fliers to all
     downtown businesses, to educate them about the ADA.
     The business in question still refused to become
     accessible. If this is not relevant, just ignore it,
     and number paragraphs accordingly.

     5. If you or your group did anything to inform that
     particular business owner of his violation, then you
     might want to make that paragraph 19. It might read
     like this, "During the summer of 1997, the Louisville
     CIL visited the business in question, and spoke to the
     owner. The owner could easily make his business
     accessible but has chosen not to comply with the
     Americans with Disabilities Act."

     6. If you have a paragraph 18 and 19, then you might
     want to add a paragraph 20 that might read something
     like this, "Other commercial facilities similar to the
     defendant's have made similar modifications, like what
     we ask here. Defendant could easily make his business
     accessible but has chosen not to comply with the
     Americans with Disabilities Act." You might also want
     to add a 20a that reads, "to assist businesses with
     complying with the ADA, Congress has enacted a tax
     credit for small businesses, and a tax deduction
     available to all businesses."

     7. Your next paragraph must read like this,
     "plaintiffs want to (eat, do business, use the phone,
     buy, etc.) in the defendant's (restaurant, store,
     etc.)" This is very important; it's the whole point of
     your lawsuit.

     8. Don't forget to fill out the Pro Se Motion to
     Commence an Action Without Payment. Each court has a
     different standard of who can afford to pay, and who
     can't. People on SSI typically do not have to pay any
     fees. People who work may be asked to pay as much as
     $150. It's important to keep this in mind when your
     group is deciding who will be the plaintiff. The
     plaintiff should outline exactly why he thinks he
     should not have to pay fees. Look at the enclosed copy
     for an example of a person's form who did not have to
     pay fees.

     You are now ready to take your completed form down to
     the federal district court that represents your area.

     Filing your Pro Se lawsuit

     1. If you don't know where your federal court is, look
     under "U.S. Government Offices o U.S. Courts" in the
     blue or green pages of your phone book. When you find
     out which district court is yours, add it at the top
     of your pro se where it reads, "in the United States
     District Court for the [ ] district of [your state]."
     Don't worry yet about the Civil Action No. The clerk
     will give that to you at your district court office.

     2. Most district courts require you to have an
     original copy, a copy for each defendant, and an
     extra. Ask your clerk if they require more copies, and
     don't forget to keep a copy for yourself. 3. When you
     go to the district court's office, follow the clerk's
     instruction. They tend to be very helpful, and will
     usually lead you through the rest of the process. The
     clerk will give you a civil cover sheet to fill out
     while you are there. That cover sheet will be attached
     to your Pro Se. The clerk will help you, if you need
     assistance.

     4. If you make mistakes, don't panic. The clerk will
     tell you how to correct any mistakes, and justice will
     still be served.

     Now, you're done with the Pro Se.

     Next, the summons comes back to you in the mail, as
     well as instructions for how to deliver the summons.

     Make sure you follow those instructions! At that
     point, you will be given so many days to serve the
     defendant with the court summons. In some districts,
     the plaintiff has the choice of either delivering the
     summons himself, a friend deliver it, or having a
     federal Marshal deliver it. It is most effective to
     have either a federal Marshal deliver the summons, or
     a really big guy in a suit. Whoever delivers the
     summons must make a note of who the summons is
     delivered to, what the date is, and what time it was
     delivered. Record this information on the appropriate
     form that is sent to you with the summons, and take it
     back to the district court.

     Congratulations! You have just filed your first Pro Se
     complaint. Feel free to share your new knowledge with
     as many people as you can, including any materials in
     this packet. Nothing is copyrighted, and duplication
     is encouraged. If you need any further assistance,
     please call the Pa. Coalition of Citizens with
     Disabilities at (717) 238-0172 voice or (717) 238-3433
     TTY.

     These instructions written and tested in the field by
     Linda Riegel.

----------
From the web page
http://WWW.RAGGED-EDGE-MAG.COM/archive/proform.htm

Pro Se Form

  Copy or download this fill-in-the-bracket form.

  Wording inside brackets is instructions for you. Most of the
  time

  it is to be replaced by your own information.

----------------------------------------------

       IN THE UNITED STATES DISTRICT COURT

       FOR THE [EASTERN, WESTERN OR WHATEVER] DISTRICT OF
       [YOUR STATE]

      [Your Name(s)- people suing]  |

       Plaintiff(s),  |

      v.  |  Civil ActionNo. 97-CV- [Court will give this
     number to you.]

      [Defendant's Name(s)-people you are suing]  |

      [Defendant(s).  | Pro Se [means: without lawyer]

     COMPLAINT

     COMES NOW the plaintiff(s), [Your Name(s)], appearing
     pro se, and for a complaint against the defendant[s]
     above named, states, alleges, and avers as follows:

     JURISDICTION

     1. This Court has subject matter jurisdiction under 28
     U.S.C. sections 1331 and 1343.

     2. This action is commenced pursuant to 2201 and 2202
     and 42 U.S.C., section 1983.

     GENERAL ALLEGATIONS

     3. The plaintiffs, [Your Name(s)] are citizens of the
     State of [Your State], United States of America.

     4. Defendants, [name] , own and at all times pertinent
     to the complaint have owned a commercial business
     [insert e.g., movie house, shopping market, etc.] at [
     street, city and state address].

     5. Plaintiffs are individuals with disabilities that
     cause a mobility impairment. [Your Name(s)] use(s) a
     motorized wheelchair [insert other, if relevant] for
     mobility. All Plaintiffs want to [eat, do business in,
     etc.] defendants' [restaurant, retail store, etc.] but
     the establishment is inaccessible to persons using
     wheelchairs.

     6. On July 26, 1990, Congress enacted the Americans
     with Disabilities Act, 42 U.S.C. section 12101, et
     seq., establishing the most important civil rights law
     for persons with disabilities in our country's history.

     7. The Congressional statutory findings include:

         a. "some 43,000,000 Americans have one of more
         physical or mental disabilities . . .;
         b. "historically, society has tended to
         isolate and segregate individuals with
         disabilities and despite some improvements,
         such forms of discrimination against
         individuals with disabilities continue to be a
         serious and pervasive social problem;
         c. "discrimination against individuals with
         disabilities ties persists in such critical
         areas as . . .public accommodations;
         d. "individuals with disabilities continually
         encounter various forms of discrimination,
         including . . .the discriminatory effects of
         architectural . . .
         e. "the continuing existence of unfair and
         unnecessary discrimination and prejudice
         denies people with disabilities the
         opportunity . . . to pursue those
         opportunities for which our free society is
         justifiably famous . . ."42 U.S.C. section
         l2101(a).

     8. Congress went on to state explicitly the purpose of
     the Americans with Disabilities Act to be:

         a. "to provide a clear and comprehensive
         national mandate for the elimination of
         discrimination against individuals with
         disabilities;
         b. "to provide clear, strong, consistent,
         enforceable standards addressing
         discrimination against individuals with
         disabilities; and
         c. "to invoke the sweep of Congressional
         authority . . . to regulate commerce, in order
         to address the major areas of discrimination
         faced day-to-day by people with
         disabilities.'' 42 U.S.C. section 12101(b).

     9. Congress gave commercial businesses one and a half
     years to implement the Act. The effective date was
     January 26, 1992.

     10. Nevertheless, [defendant's name] at [address] has
     not eliminated [name of barrier] barrier that prevents
     persons using [wheelchairs, canes, etc.] from
     [entering, using] this commercial establishment.[If
     you have a photo of the barrier, xerox it and write "A
     photo of the barrier is attached as Exhibit "A".]

     11. One of the most important parts of the Americans
     with Disabilities Act is Title III, known as the
     "Public Accommodations and Services Operated by
     Private Entities." 42 U.S.C. section 12181.

     12. Congress included a "[type of establishment]" as a
     public accommodation covered by the Act. 42 U.S.C.
     section 12181.

     13. Defendant's business at address] is a [type of
     establishment].

     14. As relevant to the present action, discrimination
     includes, "a failure to remove architectural barriers
     . . . that are structural in nature, in existing
     facilities . . . where such is readily achievable.''
     42 U.S.C.. section 12182(b)(2)(A)(iv).

     15. The U.S.. Department of Justice, in promulgating
     the federal regulations to implement this Act, defines
     "readily achievable" to mean "easily accomplishable
     and able to be carried out without much difficulty or
     expense," including ["installing an entrance ramp or
     whatever is needed]."28 C.F.R.. section 36.304(a) -
     (c).

     16. Other commercial facilities similar to the
     defendant's have made similar modifications, like what
     [we, I] ask here. Defendant could easily make its
     business accessible but has chosen not to comply with
     The Americans with Disabilities Act.

     17. To assist businesses with complying with the ADA,
     Congress has enacted a tax credit for small businesses
     and a tax deduction for all businesses. See Section 44
     and 190 of the IRS Code. An eligible small business is
     allowed a tax credit equal to 50% of the amount of the
     eligible access expenditures between $250 and $10,500
     for any tax year. A business that removes
     architectural barriers e.g., by modifying ramps,
     grading, entrances, doors and doorways, may receive an
     annual tax deduction of up to $15,000 each year.

     18. Plaintiffs want to [eat, do business, shop, etc.]
     in the defendant's [restaurant, store, etc.].

     FIRST CLAIM OF RELIEF

     19. Pursuant to the Americans with Disabilities Act,
     42 U.S.C. section 12101, et seq., and the federal
     regulations promulgated pursuant to this Act, 28
     C.F.R. (s)36.304, defendant was to make the commercial
     facillty at [address] accessible by January 26, 1992.
     To date, defendant has not.

     20. By failing to remove the architectural barrier
     where such removal is readily achievable, defendant
     discriminates against plaintiffs and violates the
     Americans with Disabilities Act.

     WHEREFORE, the plaintiffs, [Your Name(s)], pray that
     the Court issue an injunction enjoining the defendant
     from continuing its discrimination and that the Court
     award plaintiffs such additional or alternative relief
     as may be just, proper, and equitable, including costs.

     Respectfully submitted,

       |

        [Your signature]

       [YOUR NAME]

       [Your Address]

       PRO SE

Dated:

-----------------------------------------end of form

.

