This particular blog entry will look at possible defenses that may be raised in a title II case. As is usual, there are different categories. Here we have case of the week, the court’s response to the arguments raised by the defendants in the case, and takeaways. Feel free to focus on any and/or all
rehabilitation act
What Kennedy Giveth Scalia Taketh Away?
By William Goren on
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…
Does Association discrimination apply to title II of the ADA?
By William Goren on
This blog entry explores whether an association discrimination claim applies to title II of the ADA, the Rehabilitation Act, and, for that matter, the California Disabled Persons Act. As is my practice, the blog is divided into the facts, the issue, the court’s reasoning, and takeaways. Feel free to zero in on any and/or all…
Suing state court system redux
By William Goren on
One of my more popular blog entries is the blog entry that discusses suing a state court system for disability discrimination . Here is another case along those lines. In Phillips v. New Hampshire Circuit Court, Eighth Circuit, District Division, 2014 WL 495656 (D. N.H. February 5, 2014) (unpublished decision), the plaintiff had a…
Access Now v. Southwest Airlines overruled by regulation? Department of Transportation, Internet accessibility, kiosk accessibility and the Air Carrier Access Act
By William Goren on
The issue of whether the Internet has to be accessible to a person with a disability is an issue that we have discussed before. One of the cases out there is the case of Access Now v. Southwest Airlines, 227 F. Supp. 2d 1312 (S.D. Fla. 2002), where the Southern District of Florida…
Using the rehabilitation act to get around sovereign immunity in Title II cases
By William Goren on
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…
If a child has an IEP and gets a service dog, must they exhaust administrative remedies before proceeding to the court house if the school refuses the service dog?
By William Goren on
Previously, I have talked about service dog v. therapy dogs. I have also talked about the administrative regulations from the Department of Justice with respect to the difference between service dogs and other kinds of dogs that a person with a disability may have with respect to how they would likely hold up under…
Would having a disability protect you from being terminated for harassing others?
By William Goren on
Consider: Employee/volunteer/Intern… with a disability is sexually harassing his or her coworkers. The disability is such that the employee/volunteer is unlikely to stop. The hiring authority terminates the employee/volunteer and the employee/volunteer sues the hiring authority for disability discrimination. This sounds very much like what could’ve been the case with the former Mayor of San…
Police response and ADA liability part two
By William Goren on
In a prior blog entry, I discussed a situation where the police intentionally aggravated a person with a disability pre-existing condition eventually leading to that person’s death. The court in that case held that the police force could be liable for violating title II of the ADA. This particular blog entry will once again…
IDEA, Rehab Act, and the ADA: Have to keep in mind all three
By William Goren on
Back in 1997, I wrote an article for the Florida bar Journal discussing the relationship between the Individuals with Disabilities in Education Act and the Americans With Disabilities Act. I have had the good fortune to see that article cited numerous times in various law review articles. If I were to update that article today,…