| NEWS BRIEF
It took more than nine years and two federal lawsuits, but Francis Wenke and his wife Diane are finally getting justice. The Miami Beach, Florida, condominium in which they live will soon have a pedestrian ramp, providing Wenke and other persons with disabilities improved access to the luxury building. Until now, the building was not in compliance with federal and state housing laws, as it didn’t offer a sufficient wheelchair ramp to access the building’s main entrance or even van accessible parking.
Wenke is a paraplegic and has used a wheelchair for mobility since 1988, when he suffered a spinal cord injury after falling from a construction site.
“Our success in this case is a historic occasion for my family and hopefully for all individuals with disabilities throughout our nation,” says Wenke, a United States veteran and former New York City volunteer firefighter. “I believe this case underscores the need for people with disabilities to be provided with fair access to buildings everywhere.”
The Wenkes filed suit against the developer of the Blue and Green Diamond Condominium in 2000, and later filed suit against the property’s condominium associations. A prior settlement with the developer addressed various contractual and discrimination claims, and a March 2009 settlement with the condominium associations addresses issues relating to parking and a new wheelchair ramp. The final architectural plans for the new ramp are currently being reviewed by the Miami Department of Buildings.
The Wenke family was represented by the Bickel & Brewer Storefront, the community-service affiliate of the Bickel & Brewer law firm.
“Our organization salutes the special dedication shown by Mr. Wenke and Bickel & Brewer,” says United Spinal Association president and CEO Paul J. Tobin, who recently awarded the Bickel & Brewer Storefront with a Certificate of Appreciation. “This legal and personal journey sends a powerful message to building developers everywhere – and reflects the need for greater protection of the rights of individuals with disabilities.”
William A. Brewer III, partner at Bickel & Brewer Storefront, hopes this case becomes a seminal moment in the ongoing fight to uphold the principles of the Fair Housing Act, as it protects those with disabilities. He was joined in representing the Wenke family by Bickel & Brewer partner Alexander D. Widell and associate Aravella Simotas.
“It is our privilege to support Mr. Wenke’s personal pursuit for justice,” Brewer says. “From a broader perspective, the case should put developers on notice that persons with disabilities have a means by which they may pursue their rights to be given fair and equal access to buildings.”
Wenke applauded Bickel & Brewer Storefront and the dedicated service of the attorneys involved.
“Bickel & Brewer never wavered in its commitment or support,” Wenke says. “Bill, Alex and Aravella showed a level of commitment and dedication second to none–and for that my wife and I are eternally grateful.”
