I am not sure about blog entry times for the next couple of weeks. Next week, I will be attending and speaking at the Accessibility Professionals Association conference in Round Rock, Texas. Sometime within the next two weeks, I will be testifying as an expert witness in a trial in Houston. So, not sure when
Indian Tribe Sovereign Immunity and the ADA
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
Massage Envy Decided by 11th Circuit
Today’s blog entry will focus on the decision from the 11th Circuit decided September 12, 2019, on the Massage Envy case we discussed here. In this decision, the 11th Circuit affirmed the opinion of the lower court holding that regarded as does not apply to fear of a future disability. As mentioned
Accommodating Nut Allergies
I know it has been awhile since I did a blog entry, but I have a really good excuse. The last day of May was my daughter’s last day of her freshman year in high school. Then, the following week dealt with chasing her around and also going to Portland Maine for the ABA Law
Survival of ADA Claims Redux
Two years ago, I discussed in this blog entry the issue of whether ADA claims survive. In that case, the court looked to local law to decide whether the ADA claim survived. Today’s case, Guenther v. Griffin C Inc., goes one further by holding that it isn’t local law that decides whether claims for
Side Effects of Medication, Bad Conduct and ADA Protection
It has been awhile, almost 3 years, since I visited the issue of bad conduct v. having a disability. This particular case explores what happens when the side effects of medication leads to bad conduct and the person is terminated. The case is Capporicci v. Chipotle Mexican Grill, Inc., 2016 U.S. Dist. LEXIS
What Kennedy Giveth Scalia Taketh Away?
I want to wish all those celebrating Passover, which started yesterday, and Easter, which is Sunday, a happy holiday.
This blog entry is divided into separate categories, but unlike my usual system, the categories are little bit different. Here we have: introductory comments, the case that is the subject of this blog entry (Burrage
Bringing sanity to mixed motive jury instructions
In this blog, I’ve written about mixed motive jury instruction twice. In the first entry, we explored whether mixed motive jury instructions with respect to the ADA were even possible after Gross v. FBL Financial. In the second, we explored whether where there is more than one cause of action to be
Enshrinement of unfair advantage as a legal standard: OCR, 504, and Sports
For years (every edition of my book starting with the very first edition published in 2000 has had a chapter on the ADA and sports), I’ve written about how the ADA applies to sports. The United States Department of Education Office of Civil Rights has just issued a guidance dealing with their section 504 regulations
Title II can’t be used to keep places that grow pot for medical purposes open
There has been a lot of discussion in the blogosphere, particularly among media, about the decision that just came down from the Ninth Circuit involving the efforts of the cities of Costa Mesa and Lake Forest in California to close down places that grew pot for medical purposes. The link to that decision is below