Today’s blog entry come from the First Circuit, Laufer v. Acheson Hotels, LLC, here. It discusses standing and creates a split in the circuits. Undoubtedly, this issue will go before the Supreme Court. The facts of the case are pretty straightforward. What you have is a serial plaintiff and an avowed tester of Internet
Title III
Applicability of ADA’s Title II Primary Consideration Rule for Effective Communication to title III of the ADA, the ACA, and to §504
Before getting started on the blog entry of the week, I want to wish the members of the Jewish faith celebrating Yom Kippur this week a pleasant fast if you are fasting’s as well as a pleasant end to the 10 days of reflection.
Also, I wanted to report that my case against LawPracticeCLE…
How Much Does it Take to Establish an ADA Disability and Failure to Accommodate Nuggets
Before getting started on the blog entry for the week, I want to wish all those celebrating, a happy Jewish new year.
The blog entry of the week comes from an unpublished decision from the 11th Circuit decided on September 19, 2022, Sugg v. City of Sunrise. It deals with the following…
If a Federal Courthouse is not Accessible to a Person With a Disability, What Remedies do They Have?
Today’s blog entry is a case sent to me by Prof. Leonard Sandler, a clinical law professor at the University of Iowa. The case of the day is Wilds v. Akhi LLC decided on July 29, 2022 by Magistrate Judge Jones of the Northern District of Florida. It deals with the question of what happens…
Fourth Circuit Holds Gender Dysphoria is not Excluded by the ADA’s Gender Identity Disorder Exclusion
We just moved our daughter into college this week and are back home now. Now, the roller coaster begins. So far so good. One thing I did realize is that I now have about an extra 15 hours per week I calculated. My brother says that I should get a new hobby, but I already…
Gateway is Everything in California
Before getting started on our blog entry for the week, a couple of housekeeping matters are in order. First, my daughter is off to college a week from Friday. Things are very exciting and terrifying here at the same time. Accordingly, next week is going to be crazy and the week after that even more…
Unreasonable Delay in Granting a Reasonable Accommodation Request is Actionable
What if an entity slow walks the reasonable accommodation process with the hope that the person with the disability will, for example, graduate, age out of the program, simply go away? Is an unreasonable delay in granting a reasonable accommodation actionable under the ADA? Two cases out of the jurisdiction of the Seventh Circuit say…
Is ADA Title II, III Tester Standing a Thing Anymore?
There must be an art to reading what is really going on by the questionings of Justices at oral argument. If there is such an art, I haven’t mastered it yet. Case in point, we previously discussed a case that appeared to raise the question of whether Chevron deference would survive, here. On June…
DOJ Goes All in on ADA is a Nondelegable Duty
Last week my schedule was completely impossible, so I was not able to get a blog up during the work week. Finally, I got some time to do it now. The blog entry for the last week is a Statement of Interest filed by the DOJ in A.V. v. Douglas County School District Re-1. If…
Is Virtual Reality a Place of Public Accommodation and Subject to Effective Communication Rules?
Earlier today, I counted the number of cases I had in my pipeline. It came to two dozen. Ultimately, I chose the case of Panarra v. HTC Corporation et. al., here. It is a cutting edge case exploring whether the programming offered in virtual reality headsets needs to be accessible to the Deaf, deaf,…