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Originally Posted by Wavy Chips
I'm a lawyer and have looked over the court decision on the motion for summary judgment.
I'm not a lawyer, but here is my $0.02
Would somebody please explain to me how closing the LLC is going to end the lawsuit, as is often asserted in this thread. I just don't understand it. The LLC is not a defendant and does not even exist as a separate entity.
I completely agree with this assertion.
"The Villages Lifelong Learning College" is merely a fictitious name, registered to the Charter School, under which the Charter School conducts adult education classes. Ceasing to provide those classes will not stop the plaintiffs from claiming damages for the alleged past violations of the ADA. All it will do is prevent liability to the School for alleged FUTURE violations-- but the lawsuit against the Charter School will continue, unless the plaintiffs (and their attorneys) have a change of heart for some reason. That seems unlikely since they are clearly after the money they hope to be awarded. But maybe the community outrage that is building over their lawsuit will cause at least some of the plaintiffs to rethink what they are doing and withdraw.
Agreed, closing the LLC only stops the potential of future violations/issues. The courts will decide if there were past violations and if so, what the penalties are. Closing the LLC also gets public sentiment on your side "to try the case in the court of public opinion" and potentially influence the plaintiffs to drop the case
I will also be interested in seeing how it is possible that transferring adult ed to the VCCDD would avoid the same kind of risk of lawsuits under the ADA that confronted the Charter School. The decision to have the VCCDD run the risk will require a change of heart by the Developer, who, after all, really made the decision to shut down the LLC. Why would he feel differently if the VCCDD (which he controls) is running risk instead of the School that he also controls.
My understanding is that the RLG's are exempt from the ADA and RA requirements (correct me if I'm wrong). So, all of the classes would/could be reorganized as RLG's.
In this regard, realize that the December 2 Daily Sun headline stating that the lawsuit "forced" the closure is misleading. School systems throughout the country conduct adult ed classes despite the risk of ADA lawsuits. There is no real reason why the Charter School here could not also do so if so inclined. The closure was a result of a decision by the Developer. You can argue about whether or not it was justified under the circumstances.
Again, just my speculation, but the closure was done primarily to get public outcry. You have already read that they are trying to create LLC 2.0
The curious thing to watch is if the school wins on all counts, will the LLC reopen in the same structure as before?
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There are many political aspects of this case as well as public relations and marketing of the Villages.
One thing. We should continue to fight to get something like the Lifelong Learning College back with reasonable accommodations for the deaf and others who need some kind of special assistance or equipment. And the size of the Villages makes it very reasonable that people will listen to us especially politicians and certainly in 2017. If you want to stand up to a bully go get a troop of bigger bullies to help you out. I learned that in Junior High School. Made friends with a bigger Paiute when a smaller Paiute threatened me with a knife. The unfairness of the knife angered the bigger Paiute.
Pyramid Lake Paiute Tribe
With my 224 613 Project too I tried to enlist a more powerful group of people to help me take a stand against the gross injustices I started to experience in 1991 while trying to be honest with potential employers about my experiences dealing with the 2-24-1976 murder investigation in the slaying of Michelle Mitchell near the University of Nevada, Reno campus. I was a student of her mother Barbara Mitchell at Earl Wooster High School at that time in Reno, Nevada. 2-24 is also my birthday. I met a lot of people interested in this murder investigation or who had some connection to it.
Gypsy Hill Murder Suspect Charged Nearly 40 Years After Killings | NBC Bay Area