Marc Fishman, a disabled father and outspoken civil rights advocate, is calling on the New York State Commission on Judicial Conduct to remove Westchester County Judge Michelle Schauer for what he describes as blatant retaliation and disability discrimination. Fishman also urges Governor Kathy Hochul to appoint a civil rights monitor over Westchester’s courts to prevent further systemic abuse against vulnerable New Yorkers.
Fishman, who recently won a federal ruling affirming his right to reasonable accommodations, now faces retaliation from Judge Schauer, who issued a court order suspending his FERPA rights—the federal protections guaranteeing parents access to their children’s educational records. Fishman asserts the suspension was not based on any educational or legal rationale, but as punishment for exercising his civil rights and challenging the county’s noncompliance with disability law.
“Judge Schauer’s actions make clear that in Westchester, if you’re disabled and dare to demand equal treatment, you will be punished,” said Fishman. “Her order to suspend my federally protected access to my son’s education is a direct attack—not just on me, but on every disabled parent in this state.”
Fishman’s call for action follows a pattern he described in a widely shared op-ed in LoHud earlier this year. In the piece, he detailed the ways in which New York’s judicial system often ignores or enables civil rights violations against the disabled, particularly in family court settings. He warned then—as he warns now—that accountability is urgently needed.
“The Commission on Judicial Conduct too often fails to act when judges violate the rights of New York’s most vulnerable,” Fishman said. “Their silence when it comes to disability discrimination sends a dangerous message: that our rights don’t matter.”
Fishman is now urging Governor Hochul to take executive action by installing a civil rights monitor over Westchester’s courts, similar to other oversight measures in jurisdictions plagued by racial or disability bias.
“Governor Hochul has an opportunity to show that New York means what it says about equity and justice,” said Fishman. “Without oversight, Westchester’s courts will continue to operate as a system of exclusion and retaliation.”
Fishman’s case highlights a broader crisis in New York’s family courts, where litigants with disabilities often face barriers to access, systemic hostility, and denial of fundamental rights. His federal court victory affirmed the need for reasonable accommodations under the ADA, but the backlash he now faces raises urgent questions about how state courts handle such mandates.
