======================================================== ADA TITLE II NOTICE & REQUEST FOR REASONABLE ACCOMMODATION
To: Marion Superior Court 3 Financial Center First Credit Union (Plaintiff) Counsel for Plaintiff: Michael E. Farrer Marion County Sheriff’s Office – Civil Process Division
From: Cody Rice-Velasquez Email: __________________ Phone: __________________
Re: ADA Title II Request for Accommodation
Cause No. 49D03-2501-MF-002559
I. NOTICE OF DISABILITY
I, Cody Rice-Velasquez, am a qualified individual with disabilities under the Americans with Disabilities Act (ADA), including ADHD, anxiety, and cognitive processing impairments that substantially limit executive functioning, stress response, and ability to process irregular or incomplete notices.
These conditions are documented and ongoing.
II. ADA-GOVERNED AGENCIES INVOLVED
- Indiana State Courts (public entity under Title II)
- Marion County Sheriff’s Office (public entity under Title II)
- AES Indiana (public utility subject to ADA & Section 504 obligations)
III. FAILURES OF ACCOMMODATION
- I did not receive accessible, understandable, or timely notice of legal actions.
- The Court and Sheriff took actions (foreclosure enforcement and writ execution) without confirming whether I required ADA accommodations.
- A writ was executed without prior notice, causing significant harm.
- AES disconnected utilities despite multiple ADA accommodation requests and during periods of disability-related crisis.
IV. REQUESTED ACCOMMODATIONS
-
All court notices must be provided to me by:
- Text message
- Physical mail
- Clear, plain-language format
-
A stay of enforcement until accessible processes can be implemented.
-
Additional time to gather belongings, attend hearings, and secure counsel due to disability.
-
Written confirmation of any scheduled enforcement action (if any future action occurs).
-
Coordination with disability advocates before proceeding with any court-ordered dispossession.
V. LEGAL BASIS
Under Title II of the ADA (42 U.S.C. § 12131–12134), public entities must ensure full and equal access to programs, services, and judicial processes.
This includes:
- Reasonable modifications
- Effective communication
- Avoiding discriminatory administrative barriers
VI. REQUEST FOR RECORD OF ADA INQUIRIES
Please provide documentation showing:
- Whether the Sheriff’s Office or the Court made ADA inquiries before executing the writ.
- Whether Plaintiff notified the Sheriff or Court of disability-related concerns.
- Whether AES documented or responded properly to my ADA interactive process requests.
VII. CONCLUSION
I request that this ADA Notice be placed in the court record and that all entities above comply with required accommodations moving forward.
Respectfully submitted, /s/ Cody Rice-Velasquez Date: __________________
======================================================== END OF ADA PACKET
======================================================== EXHIBITS — CODY RICE-VELASQUEZ CAUSE NO. 49D03-2501-MF-002559
Exhibit A – Sheriff Return (March 5, 2025)
- Defective service: “copy left,” no recipient, no mailing, no valid completion.
Exhibit B – Sheriff Return (April 15, 2025)
- Defective service: incomplete, no personal service, no mailing compliance.
Exhibit C – Summons to Defendant (Blank Return Section)
- Shows NO completed service as required under TR 4.1(A).
Exhibit D – Plaintiff’s Motion for Default (False Service Statement)
- Plaintiff asserts service on March 5, 2025, contradicting defective returns.
Exhibit E – Petition for Writ (False “Refusal to Vacate” Statement)
- No demand for possession was ever served; this assertion is factually false.
Exhibit F – Affidavit of Cody Rice-Velasquez
- Supporting sworn statement of no service and disability impact.
Exhibit G – ADA Documentation
- Records of disability, AES ADA requests, communications showing need for accommodation.