This week’s blog entry deals with a published case from the 11th Circuit decided on August 5, 2026 raising interesting issues about when a Title II entity must provide reasonable modifications, in this case for a public school student. The case of the day is L.E. v. Superintendent of Cobb County School District, here
NCAA Five Year Rule Redux: Basketball Player Prevails Under Nebraska Law, But Would Have Also Prevailed Under the ADA/Rehabilitation Act
The ADA just had its 36th year anniversary. Happy anniversary!! In June, I got to visit the George H.W. Bush presidential library where his signing of the ADA is featured prominently. It was pretty neat to see that. Interestingly enough, many years ago when I visited the George W. Bush presidential library in Dallas, Texas,
Eviction Notices Must be Accessible to Persons with Disabilities and other Stuff
Congratulations to the Indiana Hoosiers on an undefeated season culminating in the national championship. Also, congratulations to the remaining teams in the NFL playoffs. My Bears lost, but that play to send the game to overtime was incredible.
This week’s blog entry is a non-precedential decision from the Third Circuit decided on October 8
Eighth Amendment, Title II, and Nondelegable Duty
Today’s blog entry is a published decision from the Third Circuit, Montanez v. Price, here decided on October 8, 2025 (which was my birthday). It discusses a series of issues, including: the Eighth Amendment; what is a program, service, and/or activity; and nondelegable duty. More specifically, the blog entry is divided into the following categories
Won the Game But Lost the Right Tackle: EEOC v. Walmart Stores East, L.P.
Our blog entry of the day reminds me of the situation where a team wins the football game but loses a key player in the process. I thought of that when reading EEOC v. Walmart Stores East, L.P., here, decided by the Seventh Circuit on August 27, 2024. As usual, the blog entry is
Direct Liability for a Title II Entity Delegating Their ADA Responsibilities Redux
Before proceeding with today’s blog entry, I want to wish everyone celebrating a happy new year. I realize that my blog entry is late this week, but I have a good reason for it. We got back from parents weekend last Sunday, then had to deal with Helene damage, which fortunately was not anything that
Direct Liability for a Title II Entity Delegating Their ADA Responsibilities
On Friday of last week, I presented to the Minnesota CLE Health Law Institute in Minneapolis on working with disabled clients and disabled attorneys. One of the cases that came up is the one that we are going to be talking about this week, Battle v. state of Tennessee, here, decided by the Middle
If Challenged, the North Dakota Constitutional Amendment Will Not Survive
Just recently, North Dakota enacted into their Constitution an age limit, here, for those serving in the U.S. House and the U.S. Senate. In particular, that constitutional amendment says: “no person may be elected or appointed to serve a term or a portion of the term in the U.S. Senate or the U.S. House
Team Illinois Hockey Decided by the Illinois Supreme Court
Picture of Hockey helmet, puck, and stick (brown and black colors).
Before getting started on the blog entry of the day, Dr. Bob Emmons, a forensic psychiatrist, and I just published a peer-reviewed paper in the Journal of American Physicians and Surgeons entitled, “The Americans with Disabilities Act and Appropriateness of Referral In
Air Carrier Access Act Developments
Today’s blog entry discusses a letter From Representative Spaneberger (D-VA-07), and also signed by Representatives Cohen (D-TN-09), and Titus (D-NV-01), calling out DOT for its Air Carrier Access Act enforcement and demanding more information about their enforcement processes. We also mention a companion bill introduced by Senator Duckworth (D-IL) in partnership with Senator Fischer (R-NE),