Disabled Couple Sues Over Lack of Living Facility at Maryhaven

While a lawsuit involving a Port Jefferson Station-based nonprofit makes national headlines, a lawyer representing the couple behind the lawsuit is hoping a U.S. District Court judge allows them to at least live together as a married couple while court proceedings are ongoing.

Paul Forziano and Hava Samuels – both of whom have developmental disabilities and live in group homes – tied the knot in April. However neither of the homes where they live – Samuels' home run by Maryhaven Center of Hope and Forziano's Independent Group Home Living in Manorville – will allow them to live together, saying they don't have the facilities to accomodate them.

The lawsuit – which also names the Office of Persons With Developmental Disabilities – claims their decision violates the Americans With Disabilities Act.

Martin Coleman, representing the couple, said on Thursday that a preliminary injunction has been filed to seek relief from the current conditions – at least until a final decision is made by the court. However even that decision remains in limbo as proper documentation and evidence is still being gathered.

A George Washington University law professor, quoted in an Associated Press report, said that Samuels' and Forziano's lawsuit "is moving into uncharted territory," as no similar challenges to the ADA are apparent.

According to the AP report, a spokesperson for the parent organization that runs Maryhaven declined to comment, citing pending litigation.

Other nonprofit service providers on Long Island, including United Cerebral Palsy, YAI, East End Disabilities, and Family Residences and Essential Enterprises, permit their clients to live together as married couples.

"When they are taking money from the state, these organizations' personal beliefs should not be part of the equation," Coleman said.