People who are covered by the Americans with Disabilities Act (ADA) have an obligation to comply with its myriad requirements. The question becomes can that obligation be delegated to someone else? That is, let’s say you are a major hotel and you are building out/renovating the hotel in a big way. You hire a firm
Title III
Air carrier access act: only one place to go
By William Goren on
In a previous blog entry, the Air Carrier Access Act was discussed in terms of whether it allowed for a private cause of action where an airline violated the regulations that carry out that act. However, that blog entry did not answer two questions. First, assuming a private cause of action for violation of that…
Key Issues in Title III of the Americans with Disabilities Act
By William Goren on
Posted in Final Federal Regulations, Title III
Title III of the ADA requires that any new buildings, after 1992, be built in accordance with strict architectural guidelines that mandate accessibility for persons with disabilities. Also, any renovations to buildings, whether the building is built before 1992 or otherwise must be made in a way so that the renovations are accessible to persons…
Title III: it may be cheaper to fix it
By William Goren on
Posted in Final Federal Regulations, Title III
Under title III of the Americans with Disabilities Act, the only remedy the plaintiff can get is injunctive relief and attorneys fees. The court may also fine violators up to $50,000 for a first violation and up to $110,000 for each subsequent violation. Attorney fees are only available if the person prevails. What does it…
LSAT and Title III discrimination
By William Goren on
Posted in Constitutional law, Federal Cases, State Cases, State Statutes, Title I, Title II, Title III
Anybody that wants to go to law school must take the LSAT, law school admission test sponsored by the law school admission Council (LSAC) . The LSAT is a standardized test consisting of 100 multiple-choice questions ( Binno v. American Bar Association, 2012 WL 4513617, *1 (E.D. Mich. September 30, 2012)), divided into five…
Persons with disabilities and peremptory challenges
By William Goren on
Few cases today actually go to trial. However, the ones that do go to trial involving juries necessarily mean that a jury has to be picked first. Jurors aren’t so much picked as they are eliminated. With respect to jury selection, there are three kinds of jury challenges. First, there is a peremptory challenge. Peremptory…
Lessons learned
By William Goren on
Some cases are excellent for providing a roadmap on what to do, other cases are good for getting new lessons so that you can take preventive steps to not run down that path. The particular case here is one of the latter. In Peters v. University of Cincinnati College of Medicine, 2012 WL 3878601…
The ADA doesn’t reach everywhere
By William Goren on
Posted in Title III
The ADA is an extremely complex and comprehensive law. The temptation is to think that the ADA applies whenever a person with disability has their rights arguably infringed. However, that just isn’t the case. The situation may be governed by other laws. For example, if a person has an individual education plan, the law that…
Can you be subject to title II and title III at the same time?
By William Goren on
I love to follow sports. Accordingly, over the years, I have found a way to combine my interest in sports with the Americans with Disabilities Act. As far back as the first edition of my book, which is now in its third edition and I am working on the fourth, I have always had a…
New York City taxi licensing regulations redux
By William Goren on
I previously blogged (if you want to read this particular blog entry in context, you will find the original blog entry plus what appears here at that link), about a decision whereby a District Court throughout the New York City regulations with respect to the number of accessible taxis that are required in violation of…