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,
A Two For: Thoughts on Trump v. Slaughter and How the Latest NCAA D1 Eligibility Rule Discriminates Against Persons with Disabilities
Hope everyone had a great Fourth of July weekend. I wrote this blog entry while taking a break between watching World Cup games and Wimbledon over the weekend. It’s been a tremendous World Cup and Wimbledon. Also, this month is disability pride month. I recognize being disabled proud isn’t always easy and often depends on
Showing that Removal of Architectural Barriers is not Readily Achievable Doesn’t End the Analysis
This week’s blog entry focuses on what happens if assuming for the sake of argument, renovations are not readily achievable at a place of public accommodation, whether that ends the analysis. The answer is no. The case also discusses just how the burden of proof works with respect to claiming that an accommodation is readily
District Court in Minnesota Makes the Case for Why Internet Sites are Places of Public Accommodations
Today’s blog entry comes from Minnesota. It was actually sent to me by the plaintiff’s attorney on the case. It has also been blogged on already by others, but I wanted to offer my own perspective. The case of the day is Frost v. Lion Brand Yarn Company, here, decided by the United States
Southern District of New York Splits Within Itself: Internet Only Business Not a Place of Public Accommodations
Today’s blog entry goes back to the issue of whether an Internet only business website is subject to title III of the ADA. As we have discussed previously, such as here, there are several theoretical possibilities for handling such a claim, and they are: Internet is never a place of public accommodation; Internet is
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
Absent a Gateway to a Physical Place, is an Internet Site Subject to Title III of the ADA: The View From Both Sides of the Argument
The blog entry for the week is getting posted a bit later than usual because my daughter came home for a short fall break and went back yesterday. Today’s blog entry is a published decision from the Court of Appeals of the State of California, Fourth Appellate District,
Kansas HB 2016
Recently, the governor of Kansas signed House Bill 2016 giving the Kansas Atty. Gen. all kinds of authority to jump in on lawsuits involving website accessibility, and possibly accessibility in general, if the defendant is a Kansas resident or a Kansas Corporation. I see all kinds of problems with this bill and thought it would
The Argument for Standalone Websites as a Place of Public Accommodation
Today’s blog entry is a case from the Eastern District of New York, Martinez v. Gutsy LLC, here, which makes the case for why standalone websites can be a place of public accommodation providing that site is functioning for one of the purposes laid out in 42 U.S.C. §12181(7).
Once again, a person
You Can Still be Subject to Place of Public Accommodation Rules Even if You are Not a Place of Public Accommodation
Picture of Hockey helmet, puck, and stick (brown and black colors).
As readers know, I have long been interested in the intersection of the ADA and sports. Many of my blog entries cover that topic. The very first edition of Understanding the ADA back in 2000 had a whole chapter on it. The subsequent