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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 213

Citation
Section 213
Parent Document
Vermett v. State, 544 S.W.3d 294 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-02-27

Full Text

1,458 chars
Appellants further argue that any damages that were awarded should have been reduced because of their efforts to otherwise accommodate Respondents. We, and the MCHR, might take this into account if not for the fact that each of these "accommodations" are essentially meaningless. Appellants' suggestion that Respondents use the sliding glass door to access Unit 1915C was implausible because Mrs. Henderson's wheelchair would not fit and this option would not allow Respondents full use and enjoyment of the apartment; the other apartment (Unit 1883C) Appellants offered to Respondents required the use of stairs and could not be made wheelchair accessible; Appellants offered to put Respondents on a waitlist for another apartment that could be made wheelchair accessible (despite Unit 1915C becoming available after March 31, 2010); and Appellants offered Respondents a wheelchair-accessible apartment at their St. Charles *304location, but this obviously defeated the purpose of Respondents looking for an apartment that was closer to Mrs. Henderson's work and Mr. Henderson's school. As Appellants violated Respondents' civil rights and because the MCHR gave significant weight to Respondents' testimony regarding their emotional reactions to such violation, we find that there is competent and substantial evidence to support the MCHR's award of actual damages for deprivation of civil rights and for emotional distress and humiliation. b. Civil Penalty