Previously, I mentioned that the upcoming Supreme Court term will have two cases before it pertaining to the rights of people with disabilities. One of those cases asks the question of whether disparate impact claims exist under §504 of the Rehabilitation Act. On August 24, 2021, the Ninth Circuit over a dissent said that such
Alexander v. Sandoval
Granting a right to display doesn’t mean the obligation ends there
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Introduction
Let’s say you have this situation. The city holds an outdoor car show allowing a whole bunch of people to display their wares outside. One of the vendors blocks the curb ramps providing persons with disabilities access to the sidewalk in front of the hotel where a person was staying as he was…
Using the rehabilitation act to get around sovereign immunity in Title II cases
Under Tennessee v. Lane, the equal protection class persons with disabilities fall into is going to depend upon the facts and circumstances of the individual case. That equal protection class is also going to dictate how likely a state is going to be able to defend on the grounds of sovereign immunity. The question…
Air Carrier Access Act revisited: just what is preempted?
Previously, I have written two different blog entries dealing with the Air Carrier Access Act. In the first, I talked about whether a private cause of action existed. In the second, I talked about whether the Air Carrier Access Act regulations being so pervasive preempted state laws. This entry concerns a slightly different issue.…
The ADA doesn’t reach everywhere
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…