Hope everyone had a great holiday weekend, assuming you had a chance to have Martin Luther King Day off. Today’s case, United States v. Asare is a decision that came down on December 20, 2017, from the Southern District of New York. The lesson here is never forget about the interactive process and performing an
Regulatory Developments
I know I said that I would not be blogging until after the new year started. However, my wife and daughter are hanging out with lunch and a trip to Bed Bath & Beyond. Since we are Jewish, one could ask why we would be making a trip to Bed Bath & Beyond two days
2017 Understanding the ADA Greatest Hits
It is time for the top 10 plus three of 2017. For the most part, the greatest hits, but not of all of their order of popularity stayed the same from 2016 to 2017, except for one entry (negligence per se dropped out of the top 10 and was replaced by the history of ADA
Just When Does the Statute of Limitations BEGIN to Run in ADA Cases
I hope everyone is having a happy holiday season. In Atlanta, we got a few inches of snow. So, my daughter was outside playing in the snow and having snowball fights with her friends. She even got in a couple of snowballs thrown at me. The nice thing about it being in Atlanta was that
Sovereign Immunity and Title II and III of ADA: This Case Should be Appealed
Today’s case, Glueck v. National Conference of Bar Examiners illustrates the perils of proceeding pro se. The case is certainly worth appealing to the Fifth Circuit. However, the plaintiff is now proceeding with a constitutional challenge to various statutes, which I don’t think will go anywhere. At any rate, the case bears discussing and it
Proving up ADA Interference Claims and Other Questions
Today’s case is from the Seventh Circuit, Frakes v. Peoria School District No. 150. This case is the first federal case I am aware of dealing with how do you go about proving a prima facie case for interference under the ADA. The ADA at 42 U.S.C. §12203 contains both retaliation and interference claims. The
Movie Theater Accessibility
Things have been crazy around here lately. The latest thing I am dealing with apparent incompatibility between Dragon NaturallySpeaking and Microsoft Office 365. It makes things incredibly crazy (I can’t dictate in Word for long without having to click the dragon mike on and off and other office 365 products, such as outlook and excel,
Title III Standing and ADA Liability for Real Estate Investment Trusts
I have been blogging since December 2011. In all that time, with the exception of a winter break, I have never taken two weeks off. I do have a reason for doing so here. First, we had Labor Day weekend and then working with co-counsel, David Llewellyn, we had to move things to file a
Updates on Karczewski and King
Before proceeding with the blog entry of the day, I want to say that my thoughts and prayers go out to everyone in Houston, Texas. I actually lived in Houston, Texas for a year and ½. It is just awful what is going on there and everyone there is in my thoughts.
The blog entry
Marijuana dispensaries and Title III of the ADA
In my medical marijuana and the ADA blog entry, I discussed the Massachusetts Supreme Court opinion holding that medical marijuana use may be a reasonable accommodation for a person with disability. That blog entry leads to a corollary question: is a legal medical marijuana dispensary/place