Previously, I had mentioned that I was going to explore how some States are reacting to the increasing use of dogs being misrepresented as service dogs. I also previously covered here the approach Texas took with respect to service dogs in general. So, today, I want to explore how Hawaii and Washington are reacting to
Just When Does the Statute of Limitations BEGIN to Run in ADA Cases
By William Goren on
I hope everyone is having a happy holiday season. In Atlanta, we got a few inches of snow. So, my daughter was outside playing in the snow and having snowball fights with her friends. She even got in a couple of snowballs thrown at me. The nice thing about it being in Atlanta was that…
Fair Housing Act, Emotional Support Animals, and Service Dogs: Noncompliance Can Cost You Big Time
By William Goren on
I was giving serious consideration to blogging on Stragapede v. City of Evanston, Illinois. After all, it isn’t very far from where I grew up, and I have all kinds of family connections to Northwestern University. So, I spent a lot of time in Evanston, including attending many a Northwestern University athletic event. However,…
Architectural Accessibility Issues
By William Goren on
Next week is the week before my daughter’s bat mitzvah. Accordingly, I think I’m going to take that week off. This week’s blog entry comes to me courtesy of my friend Stephen Meyer, a certified Texas accessibility specialist (a certified person in Texas that assesses facilities for compliance with accessibility guidelines and regulations). The case,…
If You Don’t Have an ADA Compliance Program, DOJ Will Be Happy to Create One for You: ADA Settlement between United States and Carnival Corporation
By William Goren on
On July 23, 2015, the Department of Justice and Carnival Corporation entered into a settlement to resolve ADA claims. That settlement can be found here. The lesson of the settlement agreement is that every company should have a system in place for complying with the ADA. If they don’t, the Department of Justice may…
Frequently Asked Questions about Service Animals and the ADA (Guidance from the DOJ)
By William Goren on
Recently, the Department of Justice issued a guidance entitled, “frequently asked questions about service animals and the ADA,” which can be found here. I thought I would go over and highlight some of the questions discussed in the guidance, especially since service animals v. therapy dogs blog entry of mine consistently ranks as one…
Web Accessibility and Universities
By William Goren on
In a previous blog entry, which I keep on my greatest hits section of my blog, I discuss what you need to do with respect to auditing your educational institution for ADA compliance. In #14 of that blog entry, I mentioned that whatever services are being offered on the Internet, the institution needs to…
Why can’t more guidances be like this one?
By William Goren on
I’m not a big fan of guidances for several reasons: I find that lawyers rely on them as a crutch unnecessarily in many cases; the guidances oftentimes push an agenda and are not based on case law or regulations; as guidances they are not regulations and so therefore are subject to being ignored by the…
DOJ brings the hammer down on the State of Lousiana’s bar licensing authority
By William Goren on
I’m going to be off next week, and so I thought I would blog on this one since it is something I have talked about before.
Previously, I blogged on a South Dakota Supreme Court case and talked about the difficulty a person with MH has in passing the character and fitness gauntlet. I also…
Temporary disabilities and the ADA
By William Goren on
Posted in ADA, Final Federal Regulations, Proposed Federal Regulations, Title I, Title II, Title III
In the first and second editions of my book, understanding the ADA, I cited to the case of Burch v. Coca-Cola Company, 119 F.3d 305 (5th Cir. 1997), for the proposition that temporary disabilities are not protected by the ADA. However, I did say as a preventive manner, it made sense to treat temporary…