I was alerted to today’s case, Bledsoe v. Tennessee Valley Authority Board of Directors, a published decision from the Sixth Circuit decided on July 27, 2022, by Jon Hyman, the person behind the Ohio Employers’ Law Blog, who blogged on the case here. As is often the case, I don’t mind blogging on
§504
Applicability of ADA’s Title II Primary Consideration Rule for Effective Communication to title III of the ADA, the ACA, and to §504
By William Goren on
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…
If a Federal Courthouse is not Accessible to a Person With a Disability, What Remedies do They Have?
By William Goren on
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…
Association Discrimination and the ADA (Title I)
By William Goren on
Posted in General
Before getting started on the blog entry of the day, I did a webinar the other day for the Georgia Lawyers for the Arts on Internet accessibility and on effective communications. We also talked about other matters as well. It was the first time I did a webinar using the zoom platform. I found it…
Indian Tribe Sovereign Immunity and the ADA
By William Goren on
Posted in General
Today’s blog entry takes on the question of what happens if a person with a disability decides they want to have a fun time at an Indian owned casino. However, the Indian owned casino does not accommodate their disability. Can the person with the disability go after the Indian owned casino?
The case of…
DOJ can enforce title II of the ADA for now
By William Goren on
Posted in General
Next week, my daughter is on break. She has one of those schedules where they are on for six weeks and then off for one week. They do get two weeks for winter vacation. So, since my schedule is likely to be all over the place next week, I thought I would do another blog…
Obesity as a Disability and the Case of a Legislator with a Disability Unable to do His Job
By William Goren on
Posted in General
Today’s blog entry is a two-for-one. First off, with respect to being late this week, my daughter started her second year of high school today. So, this week was her last week of summer break, and as you can imagine, things were pretty hectic around here. But, we are now back to the school routine.…
Anybody Remember Sean Elliott?
By William Goren on
Posted in General
I have long been interested in the ADA and how it applies to sports. In the very first edition of my book in 2000, I talked about the hypothetical of what would happen if Sean Elliott, who underwent a kidney transplant from his brother in 1999, was given grief when he returned to professional basketball.…
Repeated Violations Doctrine
By William Goren on
Posted in Title III
This is a situation I see all the time. Let’s say you are at a university. A student goes to disability services, gets an accommodation plan, even gives it to the teacher. The teacher resists. The student may or may not try to fix it until later in the semester figuring that something will develop.…
National Association of the Deaf v. Harvard Redux
By William Goren on
Posted in General
In a previous blog entry, I discussed the case of the National Association of the Deaf v. Harvard University. That particular blog entry talked about the magistrate judge denying Harvard’s motion to dismiss. Subsequently, Harvard filed a motion for judgment on the pleadings. On March 28, 2019, the magistrate judge, Katherine Robertson, denied and…