I have long been interested in the ADA and how it applies to sports. In the very first edition of my book in 2000, I talked about the hypothetical of what would happen if Sean Elliott, who underwent a kidney transplant from his brother in 1999, was given grief when he returned to professional basketball.
rehabilitation act
Repeated Violations Doctrine
This is a situation I see all the time. Let’s say you are at a university. A student goes to disability services, gets an accommodation plan, even gives it to the teacher. The teacher resists. The student may or may not try to fix it until later in the semester figuring that something will develop.…
Causation Under ADA and Rehabilitation Act and a Bonus: LGT Goes to Supreme Court
Hope everyone had a happy Easter and, as in my case, a happy start to the Passover holiday. Today’s blog entry come from one of the blogs that is in my blog roll, Wait a Second. The case is Natofsky v. The City of New York decided on April 18, 2019 out of the Second…
Title III Religious Exemption Affirmative Defense
I promised Jon Hyman of the Ohio Employer’s Law Blog that I would hold down the fort with respect to blogging while he and his family jetted off to Italy for vacation. So, here goes. Today’s case, Reed v. Columbia St. Mary’s Hospital, comes out of the Seventh Circuit, and was decided on February…
Federal Aviation Administration Reauthorization Act and Separate but Equal will not Fly with the Department of Transportation
First off, I want to wish everyone a happy new year! Hope everyone had a happy and safe new year. Back to the grind for all of us and back to school for our kids. Before moving on to the blog entry of the week, a lot has happened over the last two weeks. The…
Deaf Rights Game Changer Blowback: Silva Severely Narrowed by a Court Within Seventh Circuit
Hope everyone had a great Thanksgiving. As many of you know by now if you are following me on LinkedIn, my blog was selected for inclusion in the ABA web 100 for 2018. This makes five years in a row for me. Since podcasts and twitter are part of the calculus now, the blog…
Deaf Rights Game Changer: Silva v. Baptist Health South Florida Inc.
I imagine most of us are hung over from watching the election returns this week. Here in Georgia, it is still an open question as to whether there will be a runoff for governor. Here in Georgia; the Secretary of State race is going to a runoff; Democrats gained in the Georgia Senate and in…
Court System Accessibility Best Practices Checklist
As readers of this blog know, I don’t usually blog more than once a week. However, I had a moment and a real cool idea already in the can so to speak, so here goes.
At least once a month, I get a call from someone around the country talking about how the court system…
Defending Against Serial Plaintiff Redux and FCC Exhaustion as a Prerequisite for ADA and Rehabilitation Act Claims
For you baseball fans out there, yesterday was a big day. Both the NL Central and the NL West had a one game play in to decide whether they are going to be the division winner or the wildcard. I’m lucky because my native team, the Chicago Cubs, are assured of a playoff spot (wildcard…
Reconsider Using Graham v. Connor as the Basis for Training Police on Excessive Force
Before starting the blog entry of the week, I want to wish all my Jewish brethren a happy new year. Here is hoping that it is a healthy, happy, and successful new year for you and your families.
It seems in Georgia that there is an epidemic of police shootings. In fact, I read the…