I am very regular about posting blog entries for the week. I have rarely missed doing that over the 14 years I have been doing this. I do have a good explanation for missing last week. My father died a week ago today, and I was away for funeral events. By any objective measure he
Title III
Let’s Count the Ways Alcoholism is a Disability
By William Goren on
There is a lot of confusion out there about whether alcoholism is a disability. Illegal use of drugs gets exempted from the ADA but alcoholism is a different story. True, you can evaluate a person engaged in excessive use of alcohol in terms of performance as if the alcohol use doesn’t exist, but that is…
Kluge Latest Decision and it’s Potentially Huge Impact on ADA Failure to Accommodate Cases
By William Goren on
Regarded As Discussed with Clarity Rarely Seen Before and Adverse Action After Muldrow
By William Goren on
The ADA turned 35 this weekend. HAPPY ANNIVERSARY!!!!!!!!!!!!!!!!!!!!!!!
This week’s blog entry is a two-for-one. In the first case, we discuss a case, Meza v. Union Pacific Railroad Company, here, decided by the Eighth Circuit on July 25, 2025. In this case, the Eighth Circuit discusses the regarded as prong of the ADA…
Landlords Can Charge a Fee for ESA’s/Pets and the Impact of Loper Bright
By William Goren on
Posted in ADA, Administrative law, Constitutional law, Fair Housing Act, Federal Cases, Guidances, Title III
This week’s blog entry come to me courtesy of Clinical Law Prof. Emeritus Leonard Sandler of the University of Iowa Law School. It asks the question of whether a landlord can charge a pet deposit for an ESA (emotional support animal). Loper Bright also comes up as well. The case of the day is Henderson…
ABA Formal Opinion 517 and How it Pertains to Persons with Disabilities
By William Goren on
This week’s blog entry discusses ABA Formal Opinion 517. That opinion talks about discrimination in the jury selection process under ABA model rule 8.4(g) which prohibits attorneys from discriminating on the basis of various protected characteristics. As readers of my blog know, this has been a long-standing interest of mine. For example, we discussed peremptory…
Stanley Decided
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Rehabilitation Act, Title I, Title II, Title III
On June 20, 2025, the Supreme Court decided Stanley, which we discussed here. There is no need to go into the facts as we have already covered that previously. Accordingly, the blog entry is divided into the categories of: Justice Gorsuch’s majority opinion; Justice Gorsuch’s plurality opinion discussing how Title I might apply; Justice…
Unreasonable Delay is Actionable, Adverse Action Unnecessary, and More Good Stuff
By William Goren on
Before getting started on the blog of the week, a housekeeping matter. I usually get my blogs up on Monday and sometimes Tuesday or even Wednesday. However, my daughter just finished her third year of college and is home for a short time before starting her summer gig. So, my schedule for the next couple…
Justice Souter’s Impact on the Rights of Persons with Disabilities
By William Goren on
As many of my readers know, Justice Souter died last week. I thought I would explore his legacy with respect to the rights of persons with disabilities. As usual, the blog entry is divided into categories and they are: opinions for the court; concurring opinions; dissenting opinions; and Heller v. Doe, a dissenting opinion the…
Confluence of State and Federal Laws When it Comes to Service Animals
By William Goren on
Today’s blog entry is an update on a prior blog entry we discussed here. In the prior blog entry, we discussed how the police could escape liability when a place of public accommodation did not do the right thing with respect to allowing a service dog in its premises and the police were called.…