Friends,
Like many of you, I go nowhere without my water bottle. In fact, when playing golf I even take it with me from the golf cart to the putting green in fear that I may get dry mouth and need a sip before the foursome finishes putting and I can get back to the cart. At the airport, I wait until the last moment in the security line before I discard my bottle, and then I hurry to the first little store to buy a new one.
I am back to work as a criminal defense lawyer and because I cannot speak for long without taking a sip,of course I carry the bottle into every courtroom I enter. Occasionally I have run into judges or bailiffs that tell me that no drinks are allowed. I always explain that it is for medical reasons, and that is usually enough to satisfy the judge, and I am allowed to keep my water. Ironically I can go into a big, impressive federal court, and it is usually no problem, because they often have pitchers and glasses on the tables and expect people in court to drink. Usually the less important the court, the bigger the problem with water.
Anyway, about a month ago, I appeared in a court in a suburban county a half hour away from Houston. This judge runs a particularly authoritarian courtroom. As I sat in the benches waiting for docket call, a bailiff came up and told me to take my water outside. I explained that I needed it for medical reasons. Once again, he ordered me to take the water out. I even pulled out a letter from my oncologist at MD Anderson stating that I needed water to function. At this point the guy rudely ordered me out of the courtroom in front of defendants, other lawyers and my client, making it pretty clear that he would forcibly remove me if necessary.
I had to wait in the hall until my client's case was called. When I approached I told the judge that I needed the water for medical reasons and he just kind of shrugged.
Well, later I decided to do a little research on the Americans With Disabilities Act and I wrote a letter to the judge and the sheriff of the county, explaining that the Act applies to state and local governments and that if they ever messed with me again, I will file a civil righs complaint with the United State's Department of Justice under the act. After all this is a legitimate disability and I am sure that they would not tell a person with a cane to leave the cane outside.
When I next appeared in that court and went to the judge's office before court to make sure there was no problem, I was told by the judge's secretary that " the problem has been taken care of. " A couple of days later I got the nicest letter from the chief deputy of the sheriff's office apologizing for the behavior of his bailiffs and assuring me that next time they will know how to properly deal with the situation, ie. if someone tells them that he has a medical problem...they will let the judge know rather than kick them out.
Oh well, a day in the life of a trial lawyer with the dry mouth!
Danny G.
