[tophcfa]

Originally Posted by Mikeod

While I'm just as upset at the closing, there is something in the transcript that I question. The plaintiffs felt the Dragon software was inadequate and the judge agreed. The LLC investigated hiring people to interpret and determined the cost was prohibitive. The plaintiffs felt the LLC essentially gave up too easily and did not not investigate other sources to cover the services. The transcript mentions donations, federal assistance, reducing other costs, and increasing fees, such as a registration fee. Someone above computed that $4 per student would cover that shortfall. I think most of those using the LLC would rather pay a little more than see it closed. So, why did the LLC apparently not pursue these options.

But, to me, the primary reason for closing at this point was the expectation that they would not prevail and would be faced with paying damages which undoubtedly included legal fees for the plaintiffs.

I agree with everything above with another twist. Bending over to the plantifs opens up a bigger can of worms. Precident will have been set. Now every other ADA group might follow suite. Visually impaired, mobility limited, etc...... Where will it end? Let's face it, we are all old and not getting any younger. Everyone either has, or eventually will have limitations, deal with it and don't sue people who provide services. Pretty soon no one will be willing to provide services. Very sad. The real problem is our legal and regulatory system let this happen!

[Bonnevie]

Originally Posted by gslupski

"Louis Schwarz, et al., Appellants v. The Villages Charter School, Inc., et al." is on the docket of the 11th Circuit Court of Appeals (Atlanta, GA) for 12/16/16. Don't know if it will stay on the docket since the LLC is disbanding, but it's here for your review.

that there is an appeal pending is terrifying. What motions are they appealing--just the LLC or the RLG? it's the RLG that would give the biggest payout. This is scary. They want the deep pockets and I'm sure it's motivated by the law firm having so many billable hours in, they want some payment.

onslowe a question. since the LLC is disbanded, can the plaintiffs still ask for damages for the years it was in existence and they were allegedly unable to attend?

[Bonnevie]

[QUOTE=Taltarzac725;1329369]Do not overgeneralize about lawyers. We do not know what this public interest law firm has in mind for this massive lawsuit against many interests in the Villages. It is not always just about the money. Deaf Rights Attorney | Deaf Discrimination Law Firm

but more often than not, it is about the money. while they may be doing good, they also realized a gold mine area of law to specialize in.

[Taltarzac725]

[QUOTE=Bonnevie;1329377]

Originally Posted by Taltarzac725

Do not overgeneralize about lawyers. We do not know what this public interest law firm has in mind for this massive lawsuit against many interests in the Villages. It is not always just about the money. Deaf Rights Attorney | Deaf Discrimination Law Firm

but more often than not, it is about the money. while they may be doing good, they also realized a gold mine area of law to specialize in.

Money is involved, of course. And the Villages is probably the richest gold mine in the world so far as the rights of the hearing impaired are concerned. But the Villagers' developers should have anticipated this that they would need to address the various Federal and State laws that deal with discrimination against seniors. And one of the easiest to spot is loss of hearing and eyesight declining as well as mobility.

I went to two law schools and greed is something that seems to be encouraged. These were BYU and the U of MN. And I lived around a few law students at the U of Denver when I was in the Graduate apartments as well. And judges were often in the bookstore while attending the National Judiciary College which is at the University of Nevada, Reno. Home | The National Judicial College What I am saying is that I have met many lawyers, judges, law professors and judges. Pride is often more an important factor than money. Pride in doing a good job. Pride in some cause, etc. Money sometimes accompanies this pride; but sometimes it does not. Many of the law professors, for instance, could earn probably ten times what they make if they stayed full time in practice rather than teaching law.

[Djembe dude]

I can see the day coming where all of the rec centers will have to shut down any activity due to greedy lawsuits.

[billethkid]

Like anywhere else or any other organization including state and federal, it is all a function of the majority sitting back and doing nothing....but complain after the fact on a given issue or issues.

It would seem to me it "could" potentially be, with some effort, realistic to get a ground swell of a majority to respond.

The LLC like so many organizations/groups are usually never subscribed to by any where near a majority, hence there is the population at large that is not affected. That can lend a sympathetic ear or even the complaining. The fact of the matter the majority are not involved or affected.

However when it comes a time that a case could be made for a majority to take action because in issue or issues may eventually impact them....then, maybe, more folks will be inspired to put down the remote and DO SOMETHING.

For example?
Significant number of clubs affected.
Any action that will jeopardize the lifestyle we bought into.
Any action that has potential to significantly affect property values.
A 50 to 100% increase in amenity fees!!??

Until then the LLC will go the way of the buffalo, the new years parties on the squares, etc!!

[Wavy Chips]

Originally Posted by onslowe

Hi VT, I don't think that dissolution of the LLC ends the suit because the LLC is/was an assumed business name of the Charter School Inc. The latter entity is a continuing party defendant, because the court granted partial summary judgement to it, and not complete summary judgment. I think I recall that the issue of 'undue financial hardship' upon it still remains triable against the Charter School, doing business as LifeLearning College. So, whatever LLC did that is found to be contrary to the RA or such will be ultimately ascribed legally to the Charter School. That includes any purported misdoing in the past, and more importantly, the (theoretical) cost of 'corrective measures' for the LLC if going forward.

I may be inaccurate having read this decision once only.

Thank You Onslowe. This post and your previous longer post are spot on.

The post I quote here prompts the question of any connection between the Charter School and the Developer/The Villages? The Developer/The Villages has the deeper pockets (Billions). If the Developer's money is at risk, this will get very interesting. If not, I assume the charter school has limited assets to go after and any financial judgment against them could lead to the closing and liquidating of the school. Think about that for a moment.

Any way you look at this, the Developer/TV has in it's best interest to defend itself to preserve what it has created thus far and what it may create in the future.

It would appear that the possible solution is to convert the LLC classes to RLG's that take place at various rec centers.

Side note, how did this go undetected by Villagers for all these years??

[Wavy Chips]

[QUOTE=billethkid;1329416]Like anywhere else or any other organization including state and federal, it is all a function of the majority sitting back and doing nothing....but complain after the fact on a given issue or issues.QUOTE]

To be fair, we did not even know this was an issue until this past week.

[Chatbrat]

This might be a reach, but a litigious villager has been banned from all villages properties--how about texted the ban to the 32 plaintiffs

[Taltarzac725]

[QUOTE=Wavy Chips;1329420]

Originally Posted by billethkid

Like anywhere else or any other organization including state and federal, it is all a function of the majority sitting back and doing nothing....but complain after the fact on a given issue or issues.QUOTE]

To be fair, we did not even know this was an issue until this past week.

That is quite true. A few days ago actually. I have had to sometimes wait a little longer for the movie ticket takers to get the equipment available for the hearing impaired but that is hardly worth complaining about and should be expected now and again.

It is too bad that the Developer did not go to the Villagers to get help with this problem from the get go. There are retired lawyers, police, teachers, interpreters, foreign language teachers, artists, singers, musicians and many many other specialists in the Villages or moving to here who I would expect would be more than willing to help with this.

[billethkid]

[QUOTE=Wavy Chips;1329420]

Originally Posted by billethkid

Like anywhere else or any other organization including state and federal, it is all a function of the majority sitting back and doing nothing....but complain after the fact on a given issue or issues.QUOTE]

To be fair, we did not even know this was an issue until this past week.

I 100% agree.

Again are there enough folks interested enough to question how could this happen?

For example.
We had to listen for weeks while folks ground on and on about stripping or not stripping MMPs.
We got a minimum of monthly updates about the tax issue of TV and the IRS.
Et al!

It should be disnconcerting to many residents of TV that an issue affecting thousands of residents can literally be in process with no knowledge, BY DESIGN, until a decision has been reached.....like it or not.

Some where some one is asleep at the switch. The news/knowledge black out was obviously the plan by all involved. They are counting on us being just a gullible, dupe-able bunch of seniors, happily skipping down the MMP of TV lifestyle.

Where is the rage? The crying out of the masses for not only the decision made and how it affects thousands of residents.....but for the way the entire proceding have been kept under wraps.

[Polar Bear]

Originally Posted by Wavy Chips

...To be fair, we did not even know this was an issue until this past week.

Yeah...it was a done deal before I even heard about it.

[Taltarzac725]

Originally Posted by Chatbrat

This might be a reach, but a litigious villager has been banned from all villages properties--how about texted the ban to the 32 plaintiffs

That man files frivolous lawsuits to get attention.

This is not one of the 32 plaintiffs. He makes the Villages Daily Sun occasionally for being banned from such-and-such a place.

[Putt4Dough]

Originally Posted by Taltarzac725

That man files frivolous lawsuits to get attention.

here is the last sentence in a letter to the editor Louis Schwarz wrote 2 weeks ago

Our Villages representatives need to listen to us, people with disabilities. We can sue the District government for the ADA violations! Why not?

Louis Schwarz
Village of Largo

[Taltarzac725]

Originally Posted by Putt4Dough

here is the last sentence in a letter to the editor Louis Schwarz wrote 2 weeks ago

Our Villages representatives need to listen to us, people with disabilities. We can sue the District government for the ADA violations! Why not?

Louis Schwarz
Village of Largo

He does look like a man with a cause. He has an interesting Facebook page.