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Touro Law Center
August 2008

Each month, Touro’s Alumni and Development Office recognizes one outstanding alum for his or her contribution to the legal field, service to the law school or other outstanding achievement.

Paul J. Margiotta, 2002 – The Margiotta Law Firm, P.C.

Law Practice
Paul J. Margiotta, is the founder of The Margiotta Law Firm, P.C. Mr. Margiotta began his practice as a sole practitioner and has been in practice since February 2003. Mr. Margiotta concentrates his practice on state and federal civil litigation, in areas such as personal injury, civil rights, education, employment and municipal law.

Professional Profile
While attending Touro College Jacob D. Fuchsberg Law Center, Mr. Margiotta was a Court Officer and the President of the Court Officer’s Benevolent Association of Nassau County, the union representing the New York State Court Employees working in the Nassau County Courts. After graduating from Touro, Mr. Margiotta was hired as the “Special Prosecutor and Assistant Town Attorney” for the Town of Babylon in January 2003. In January 2004, Mr. Margiotta was promoted to “Special Prosecutor and Deputy Town Attorney” for the Town of Babylon. In January 2008, Mr. Margiotta appointed “Town Attorney” for the Town of Babylon. Mr. Margiotta continues his private practice while serving as “Town Attorney” for the Town of Babylon.

Education
Mr. Margiotta received a B.A., in Criminal Justice/Behavioral Science from The New York Institute of Technology in 1990 and received the “Criminal Justice Award”. Mr. Margiotta was enrolled in the dual degree program at Touro College Jacob D. Fuchsberg Law Center and Dowling College, receiving an Masters in Business Administration and Juris Doctor upon completion. Mr. Margiotta graduated cum laude from Touro College Jacob D. Fuchsberg Law Center and magna cum laude from Dowling College. Mr. Margiotta made deans list and received the CALI Award in Intellectual Property and Business Organizations.

Professional Affiliations
Mr. Margiotta is a member of the Suffolk County Bar Association, the Nassau County Bar Association, the New York State Bar Association, the New York City Bar Association, the New York County Lawyers Association, the Federal Bar Association and the American Association for Justice.

Admissions
Mr. Margiotta is admitted to practice in New York State and in the United States District Court, Eastern District of New York and the United States Court of Appeals for the Second Circuit.

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Newsday
March 13, 2008
By Carl Macgowan

Despite a state order in his favor, a hearing-impaired Westbury teenager was barred Tuesday morning from bringing his service dog to school.

John Cave, 15, his mother, his twin sister and a family attorney were met at the entrance of W. Tresper Clarke High Scool in East Meadow by principal Timothy Voels, who refused to allow the dog inside the school. The Caves and attorney Paul Margiotta then left, and John Cave did not return to school.

“I don’t think they know what they’re doing,” John Cave said of school district officials, who have said the dog, Simba, poses a safety threat to other students. “I think they’re going to be in big trouble with the state.”

The incident was the latest salvo in a year-long battle between the Cave family and the East Meadow School District over John Cave’s desire to bring Simba to class.

The Caves on Monday received the support of the state Division of Human Rights, which ruled that the school district’s policy discriminates against disabled students. Human Rights Commissioner Kumiki Gibson said in a 24-page decision that the district was in violation of two sections of state human rights law.

East Meadow Superintendent of Schools Leon Campo said Monday the district would appeal the decision.

The confrontation on Tuesday morning lasted less than a minute as reporters watched from a distance. Margiotta said Voels, who was accompanied by a sign language interpreter, told the family that the district would not abide by the state’s ruling.

“They said the commissioner’s decision is not enforceable without a court order,” Margiotta said. “This school is out of control.” He said he will seek a court order to force the school to admit Simba when the district files its appeal.

With Simba lying at his feet, John Cave said he was nervous before going to school Tuesday morning.

“I didn’t get enough sleep last night, so I’m going to go home and rest,” he said.

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Update on John Cave Jr.

Disability Nation
March 11, 2008
By Larry

Breaking news on a story DisabilityNation first covered over a year ago. Despite a state order in his favor, a hearing-impaired Westbury teenager was barred Tuesday from bringing his service dog to school. John Cave, 15, his mother, his twin sister and a family attorney were met at the entrance of W. Tresper Clarke High School in East Meadow by principal Timothy Voels, who refused to allow the dog inside the school.

The Caves and attorney Paul Margiotta then left, and John Cave did not return to school. “I don’t think they know what they’re doing,” John Cave said of school district officials, who have said the dog, Simba, poses a safety threat to other students. “I think they’re going to be in big trouble with the state.”

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Rejecting Ruling, School Bars Student. Again

Simple Justice
March 11, 2008
By SHG

The principal of the W. Tresper Clarke High School in East Meadow, New York, had a decision to make. He could do what most people would have done, and accepted the ruling of the New York State Division of Human Rights, and allowed 15 year old John Cave, accompanied by his service dog “Simba”, to attend school, or not.

Timothy Voels, the principal, decided to block the door to the school, according to Newsday.

Despite a state order in his favor, a hearing-impaired Westbury teenager was barred Tuesday morning from bringing his service dog to school.

John Cave, 15, his mother, his twin sister and a family attorney were met at the entrance of W. Tresper Clarke High School in East Meadow by principal Timothy Voels, who refused to allow the dog inside the school. The Caves and attorney Paul Margiotta then left, and John Cave did not return to school.

There are two levels of concern raised by Voels action. On the first level, there is a student who is being harmed by a public school. The principal, I would expect, would argue that bringing a service dog to school will “disrupt” other students, and it is his responsibility to care for the majority over the individual. It is hard to fathom that anyone could believe such tripe in this day and age. Except a principal.

The second level is respect for the determination of the agency responsible for enforcing laws relating to non-discrimination in New York governmental subdivisions, such as school districts. The message from East Meadow is that they answer to no one. They will decide what will happen within the walls of their schools, and no outsider will tell them otherwise.

As usual, a young man is lost in the arrogance of overly important people trying to prove their pre-eminence. This is a nice way of saying who has the bigger genitalia. And there is always some poor kid, some poor family, caught in the middle. But this time, Voels has gone too far.

The confrontation on Tuesday morning lasted less than a minute as reporters watched from a distance. Margiotta said Voels, who was accompanied by a sign language interpreter, told the family that the district would not abide by the state’s ruling.

There is a pervasive stench of petty dictatorship that emits from school districts. They know better than anyone. They listen to no one. When the caught committing crimes, they always have a ready excuse, and smiling chorus of sycophants that will back them up no matter how vapid their rationalization. It would be a brilliant set up, if only it wasn’t so damaging to students and families. Even the ones to foolish to realize that they are played for fools.

So here’s a petty tyrant, whether it’s Principal Voels, the district superintendent Leon Campo, or the school board (which exists to rubber stamp the “professionals”), doing harm to students, one at a time. It’s hegemony in a little pond.

John Cave, the 15 year old who only wants to go to school, deserves better:

With Simba lying at his feet, John Cave said he was nervous before going to school Tuesday morning. “I didn’t get enough sleep last night, so I’m going to go home and rest,” he said.

If I was his father, I would hold him and rock him until he fell asleep. He sounds like a fine young man.

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March 11, 2008
By Winnie Hu

More than a year after the East Meadow School District in Nassau County barred a deaf high school student from taking his service dog to school, a state official ruled on Monday that the district had violated the state’s Human Rights Law.

The 21-page ruling by Kumiki Gibson, the commissioner of the Division of Human Rights, found that students with disabilities were entitled to have a service dog with them in school under state law and ordered the East Meadow district to change its policy immediately.

In a phone interview, Commissioner Gibson said the ruling set a precedent for public school districts across the state, though she currently knew of no other district where the issue had been raised. “State law provides for an absolute right to students with disabilities to use a guide, hearing or service dog in school,” she said.

The Division of Human Rights began investigating East Meadow’s policy after learning that John Cave Jr., now 15, had been denied permission to take his dog — a yellow Labrador retriever named Simba — to his classes at W. Tresper Clarke, a combined middle and high school campus with 1,500 students.

Leon J. Campo, the East Meadow schools superintendent, said that the district had reached its decision after concluding that having a dog in school would provide no instructional benefit to the student, and could pose a health risk to students with severe allergies and create safety issues during fire drills and practice lockdowns.

“We are responsible for all the students in our care,” he said. “You really have to think health and safety first, and then you educate.”

Mr. Campo said that the district housed a county program for hearing-impaired students and that none of those students had requested the presence of a service dog.

Carol Melnick, a lawyer for the district, said that the ruling would be appealed in State Supreme Court, automatically staying the order for the change of policy.

John Cave’s mother, Nancy, said that her son, who has cochlear implants, was trained to handle the dog and that air filters could be installed for students with allergies. She said that Simba accompanied her son almost everywhere, alerting him to sounds he cannot hear, like fire alarms or someone calling his name.

In January 2007, the Cave family filed a federal lawsuit against the district over the issue, seeking $150 million in damages for a violation of John Jr.’s civil rights. A federal court later dismissed the case, saying that the family had not pursued all its options with the school district.

Paul J. Margiotta, the family’s lawyer, said on Monday that the family planned to file a state lawsuit against the district within a week, claiming $150 million for violation of civil rights.

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New York State Div. of Human Rights v. East Meadow Union Free Sch. Dist., No. 10115533 (N.Y. Div. H.R. Mar. 10, 2008)

March 10, 2008

New York’s Commissioner of the Division of Human Rights (DHR) has ruled that a school district’s refusal to allow a hearing impaired student to bring his service dog to school violates the state’s Human Rights Law (HRL). John Cave, Jr. attends W. Tresper Clarke High School in Westbury, New York, where he receives special education services. East Meadow Union Free School District (EMUFSD) officials denied John permission to bring his service dog to school based on a policy that addresses the needs of students with disabilities, including those who require the use of guide, hearing, or service dogs, “on a case-by-case basis.” The policy “utilizes a balancing test” that weighs the potential benefits to the student against “the risks inherent in having a service animal in the school building.”

The Commissioner found that the HRL “prohibits discrimination by ‘an education corporation or association’ against any person with a disability, as defined by the Law and regardless of level of impairment, on the basis of her/his use of a guide, hearing, and service dog, which discrimination includes, … denying access to educational facilities.” Addressing EMUFSD’s contention that the HRL does not apply to school districts because the law fails to define “education corporation,” the Commissioner determined that to allow school districts to avoid compliance because the term is undefined would defeat the intent of the HRL to prevent and combat discrimination in education and in access to educational facilities, programs, and activities.

In defense of its policy and practice on the use of guide, hearing, and services dogs by students with disabilities, EMUFSD relied on a district manual on “Programs for Students with Disabilities” and “Access to Individualized Education Program,” and on a state court ruling in Perino v. St. Vincent’s Medical Center of Staten Island, 132 Misc. 2d 20, 502 N.Y.S.2d 921 (N.Y. Sup. Ct. 1986). The Commissioner found the manual irrelevant because it failed to address the HRL and is based on the federal Americans with Disabilities Act (ADA), which does not contain any provision regarding the use of guide, hearing, and services dogs. New York courts have held that the ADA does not govern the DHR or New York courts with respect to the HRL, which “is viewed more broadly.” Regarding Perino, she found the decision was not controlling because: “1) the present case involved education, which has been recognized in this State as a civil right, and access to education and educational facilities as an exercise of that right; 2) the Perino decision was based solely on a previous decision involving the right of a person in a wheelchair to participate in a road race … ; and 3) unlike the defendant in Perino, East Meadow is not faced with the Hobson’s choice of breaking one law or another ….” Having ruled that EMUFSD is subject to the HRL and its policy and practice of denying students with disabilities use of their guide, hearing, and service dogs while in school violate the HRL, the Commissioner ordered EMUFSD to cease use of its current policy and to implement new policy and practices that comply with the HRL.

[Editor’s Note: The New York Times reports below that Carol Melnick, a lawyer for the district, said the ruling would be appealed in state court, automatically staying the Commissioner’s order. The Times also reports that Paul J. Margiotta, the family’s lawyer, said the family plans to file a state lawsuit against the district within a week, claiming $150 million (yes, you read that correctly) for violation of civil rights. The second link is to a United Press International (UPI) story reporting that the day after the Commissioner’s ruling, EMUFSD officials again refused to allow the student to enter school with the dog and that Mr. Margiotta said school officials say the HRD decision is not enforceable unless a court orders the dog’s admission. In January 2008, the U.S. Court of Appeals for the Second Circuit had dismissed a suit brought by the student, based on federal law claims, ruling that he had failed first to exhaust his administrative remedies under the federal Individuals with Disabilities Education Act. That decision is summarized at the third link.]

Source: New York Times, 3/11/08, By Winnie Hu
Source: UPI, 3/11/08, By Staff
NSBA School Law pages on Cave v. East Meadows Union Free Sch. Dist.

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