MN OLPR Encourages Disability Discrimination and Harassment, Violating Federal Law

In an absurd pattern of events the MN Office of Lawyers Professional Responsibility has outwardly encouraged disability discrimination and harassment by attorneys against opposing parties. In a complaint filed in July of 2015, Co-Director of PAACLA - Kathy Anlauf included allegations of discrimination and harassment by an attorney against an opposing party. The allegations outlining the events include an individual who had requested accommodations under the Federal Americans with Disabilities Act (ADA). It is extremely important to note: According to Federal Disability Laws requesting an accommodation is considered "protected activity" under the ADA. Shellenberger v. Summit Bancorp, Inc., 318 F.3d 183, 191 (3d Cir.2003). The ADA also prohibits an individual from coercion, intimidation, threatening or interfering with any individual in the exercise or enjoyment of or on account of his or her having exercised or enjoyed any right granted or protected by the Act (§ 35.134 Retaliation or coercion). After the individual had filed her accommodation with the court, the opposing attorney corruptly obtained a copy of that confidential request and subsequently contacted the court demanding the individual be denied the accommodations she had requested. The attorney simultaneously engaged in harassment including providing fraudulent statements in the letter to the court, commenting on the individuals appearance and her disbelief (in what involved an invisible disability), demanded the court release the confidential documents directly to her for her use in the case against the individual, and then copied the Guardian ad Litem on the communication in effort to discredit the individual in front of a key decision maker, all for having filed a request for accommodations in accordance with Federal Disability Laws. The MN OLPR, returned a disposition to that original complaint, dismissing the complaint without investigation and making the false and reckless statement: "[The Attorney Accused] is entitled to make arguments on behalf of her client as to why the court ought not grant the request for accommodations." Co-Director Kathy was in total disbelief. Kathy appealed the decision of the OLPR to the Lawyers Professional Responsibility Board (LPRB), who subsequently dismissed that appeal, leaving Kathy with nowhere to appeal or have her complaint heard by an adequate panel. In June of 2016, Co-Director Kathy Anlauf and Co-Director Jessica Anlauf joined forces to file yet another complaint regarding the same issues with further supporting evidence, and new issues raised, as well as included case law and Federal statutes to ensure the OLPR was not simply mistaken when they dismissed the original complaint. Within the 600+ page complaint filed by the PAACLA Directors, they again referenced the attorney ethics Rule which prohibits attorneys from engaging in disability harassment and discrimination, outlined the events above as well as further events which later occurred and requested an investigation be conducted. The MN OLPR, once again returned a disposition dismissing the complaint without investigation and again made the utterly absurd statement: "Given that the ADA accommodations you requested would determine how the hearings in your matter would proceed, it was within [the attorney accused] rights to respond to those requests on behalf of her client." This is certainly significant for ALL members of the public as the MN OLPR has declared, that an attorney HAS A RIGHT to interfere with an accommodation request and harass an individual for requesting such an accommodation. The OLPR has essentially declared that an opposing attorney and party has a right to: -Demand the court not provide a deaf individual a sign language interpreter -Demand the court refuse to allow a blind individual to have their documents read out loud to them -Demand that an individual using a wheel chair be forced to leave the chair outside of the court and either remain outside of the courthouse or be carried in. -Demand a diabetic be forced to leave their medical alert dog outside the court room -Demand an individual with PTSD be refused the ability to use their advocate -Demand an individual with a seizure disorder leave their medical alert animal outside during the proceedings -Demand an Non-English Speaking individual be refused an interpreter & more.... The MN OLPR has doubled down on their false and absurd statements regarding Federal ADA, and while doing so, they have failed to provide ANY argument against the Federal Statutes and Case Law provided within the 600+ page complaint, which clearly debunk their false statements. They have failed to provide any argument, because there simply isn't one. The MN OLPR is encouraging attorneys to engage in violating Federal ADA Laws, and refuses to address these issues properly because the OLPR acts as a shield to protect attorneys from ever being brought to justice for their unethical behavior. This is a pattern of abuse in their official capacity which needs to be investigated by the Legislative Auditor. MN OLPR is further placing the State of MN in danger of losing their Federal funding. In a complaint filed with the Department of Justice (DOJ) Civil Rights Department, Director of PAACLA - Jessica Anlauf has outlined the various violations of the ADA by the MN OLPR. The DOJ subsequently transferred that complaint on to the Federal Office for Justice Programs for action. Should the OLPR continue to refuse to follow Federal ADA guidelines, the OLPR as well as the State of Minnesota may become subject to losing all of their federal funding until they comply. MN OLPR Director Susan Humiston who is responsible for those dispositions and the content therein, has been contacted with a request for mediation. Her lackluster response which simply states she may get back to Co-Director Jessica Anlauf if she has time, is a clear indication of the absolute careless attitude the MN OLPR has toward complainants, and her complete indifference toward performing her role as defined by the MN Supreme Court. Director Humiston's failure to take the request seriously, or take immediate action to remedy this situation, is yet another example of the willful and intentional corrupt acts on the part of the MN OLPR. The MN Legislation Auditor must audit the MN OLPR to uncover all of the systemic corruption within the OLPR, which places not only the MN OLPR but the State of Minnesota in a position to be liable for the damages caused, and places all members of the public in danger of being discriminated against and harassed in any court proceeding. Although under MN State laws and OLPR Rules those involved in their roles at the OLPR and state organizations are immune from lawsuit. However, under Federal ADA laws, which supersede State law when the ADA laws allow for more access and more rights, the State of Minnesota and the OLPR are liable for suit, as well as every other person in their individual capacity as the court deems them responsible. The 600+ page complaint is now under appeal. Upon receiving a response form the MN LPRB, Directors Kathy & Jessica Anlauf will take the necessary action to ensure all individuals with disabilities can be assured equal access to our court systems without attorneys being granted "rights" from the OLPR to engage in discrimination and harassment.