I have been blogging since December, 2011. In all that time, I can count on one hand the number of times that I have blogged more than once during a week. As far as I can recall, I have never blogged on back-to-back days. I had actually completed two drafts of the blog entry that
504
A Two For: substantial limitation on the major life activity of working and Morbid Obesity the Texas Approach
By William Goren on
Posted in 504, ADA, Final Federal Regulations, Legal malpractice, Rehabilitation Act, State Cases, Title I, Title II, Title III
I had already gone through two drafts of putting this blog entry together when I saw that the United States Supreme Court came down with it decision in Cummings (we discussed the oral argument here). One thing Cummings shows me is that predicting the Supreme Court result from the oral argument is a fools…
Internet Accessibility Standing Undoubtedly Headed to Supreme Court
By William Goren on
Posted in 504, ADA, Fair Housing Act, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title III
Consider the same set of facts. Title III’s final implementing contain requirements for hotels to post the availability of accessible hotel rooms, 28 C.F.R. §36.302(e), (don’t get me started on how hotels deal with rooms for Deaf, deaf and HOH customers). Two individuals are self avowed testers that visit websites of hotel to see if…
Legislative Immunity Trumps Everything Says the First Circuit
By William Goren on
Before getting started on the blog entry of the day, I do want to give a shout out to CODA, which won a best supporting actor, a best adapted screenplay, and best picture at the Academy Awards. As a small d deaf proud person in a deaf and hoh proud (daughter also wears hearing aids),…
Is it Necessary to Allege a Causal Link Between the Accommodation and the Disability?
By William Goren on
Today’s case comes from 2003 and represents the start of a line of cases that I am not sure I have discussed before. I am authoring a chapter in a federal employment litigation treatise on disability discrimination and the case came up during the course of that work. The case is Felix v. New York…
In memory of Bob Dole and Becerra and Cummings Oral Arguments
By William Goren on
Before getting started on the blog entry for the week, which as I promised is a recap of the oral arguments held last Tuesday in two cases that very much could affect the world of disability rights, I would be remiss if I did not acknowledge the passing of Bob Dole. When it comes to…
News of Interest for Deaf, deaf, and HOH Communities
By William Goren on
Hope everyone had a great Thanksgiving weekend.
A couple of housekeeping matters. First, my daughter and I will be heading out to a college that she got into for admitted students day. So, my schedule is really compact this week, and I am not sure I will be able to get up a full blog…
When Must a Person with a Progressive Disability File Suit: Title II Version
By William Goren on
Today’s blog entry deals with the question of what happens when you have an individual with a progressive disability who becomes aware of inaccessibility of a public entity’s facilities. When he becomes aware of inaccessibility issues by the public entity, he files suit but then withdraws it because the accessibility issues are not a problem…
Just Who is an Operator and Facially Neutral Policies: The Ninth Circuit Speaks
By William Goren on
Today’s blog entry comes from the title III blog put out by Seyfarth Shaw, which you can find in my blogroll. As always, Minh Vu does an excellent job with the case. However, as readers of this blog know, I will blog on cases discussed by others if I think I have a different perspective…
Ignorance is Bliss for Police
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, General, Rehabilitation Act, Title II, Title III, Title V
Before getting started on the blog entry of the week, the Atlanta Braves are world champions!! Our local school district is not going to have school tomorrow. It was senior skip day and the Atlanta Braves parade is tomorrow. So, the decision not to have school makes perfect sense. The community we live in is…