Disabled Couple Sue for Right to Live Together
Federal civil rights lawsuit is first of its kind in US
By Arden Dier, Newser Staff
Posted May 7, 2013 12:47 PM CDT
Paul Farziano and Hava Samuels pose during an interview on Thursday, April 25, 2013 in Port Jefferson, NY.   (AP Photo/Bebeto Matthews)

(Newser) – She fell for his knock-knock jokes. He fell for her beauty. Paul Forziano and Hava Samuels, who finish each other's sentences, met in a performing arts program and talked about marriage for three years before getting hitched last month. But they also both have developmental disabilities, so they are forced to end each day apart, in separate group homes, as required by the state-sanctioned nonprofits that run those homes. The couple, along with their parents, is challenging that policy in the first lawsuit of its kind in the country. Forziano's facility says anyone who requires the services of a group home is incapable of living as part of a married couple, while Samuels' home says she doesn't have the mental capacity to consent to sex.

The AP delves into the legal murkiness surrounding the case, noting that it will be a test of the Americans With Disabilities Act, which requires public entities to make reasonable concessions in order to avoid discrimination. The couple's parents say other nearby group homes offer accommodations for married couples, but have no openings. A legal expert says the case is "uncharted territory." For Samuels and Forziano, it's simpler: "I'm not happy. We live apart," Samuels says. "We're very sad when we leave each other," adds Forziano. "I want to live with my wife, because I love her."

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Showing 3 of 6 comments
BCS
May 7, 2013 3:47 PM CDT
If these two are capable of living together, then how come their parents don't want them to move into their house, at least until there's an opening in a home that will allow them to live together?
viva_yo
May 7, 2013 3:14 PM CDT
She was legally able to get married so why aren't they legally able to have sex? Perhaps they might consider a vasectomy &/or tubal ligation.
lvan
May 7, 2013 1:45 PM CDT
If she is legaly incapable of consent that's a big can of worms