I am very regular about posting blog entries for the week. I have rarely missed doing that over the 14 years I have been doing this. I do have a good explanation for missing last week. My father died a week ago today, and I was away for funeral events. By any objective measure he
Surprise Surprise: Service Dogs in Training Are Covered by the ADA
I hope everyone is surviving their March madness pool, if you are participating in one. So far, I am doing okay in the pools I am in. Best of luck to everyone.
Today’s blog entry explores what role does the ADA play with respect to
How a Business Should NOT Go About Accommodating a Person with a Disability
This week’s blog entry is a how to for what NOT to do if you are a business faced with an accommodation request. The case of the day is Patterson v. Six Flags Theme Parks, Inc., here, decided on November 15, 2024, in the United States District Court for the Eastern District of California.
Direct Liability for a Title II Entity Delegating Their ADA Responsibilities
On Friday of last week, I presented to the Minnesota CLE Health Law Institute in Minneapolis on working with disabled clients and disabled attorneys. One of the cases that came up is the one that we are going to be talking about this week, Battle v. state of Tennessee, here, decided by the Middle
There Can Be a Fine Line Between Medical Malpractice and Disability Discrimination
Before getting started on the blog entry of the day, I am currently reading Over Ruled by Justice Gorsuch and Janie Nitze. My passion for constitutional law and legal theory started in college when I took those two separate classes from Professor Rumble while majoring in political science at Vassar College. Now, I enjoy reading
Inaccessible Kiosks Can Cost You Big Time
Previously, we have blogged on a case involving Julian Vargas and the inaccessibility of kiosk equipment used by Quest diagnostics. It turns out that he is involved in a similar case involving Laboratory Corporation of America Holdings with another plaintiff, Luke Davis. A district Court in California approved a class under the California antidiscrimination law,
Standing and the FHA
We have been on a bit of a roll discussing standing lately, so I thought why not continue it, albeit with a different law. Today, let’s look at the Fair Housing Act (FHA). The case of the day is Brown v. Suri Hurley, LLC, here, from the Eastern District of California cited on June
DOJ Weighs in on Laufer and says Laufer loses
Before getting started on the blog for the week, I wanted to let everyone know that the ABA Law Practice Today just published my article entitled AI and Persons with Disabilities: the Good and the Bad. It can be found here.
Last week, we discussed Acheson Hotels brief in the Laufer case. Also
Title III Standing Undoubtedly Headed to Supreme Court
Today’s blog entry come from the First Circuit, Laufer v. Acheson Hotels, LLC, here. It discusses standing and creates a split in the circuits. Undoubtedly, this issue will go before the Supreme Court. The facts of the case are pretty straightforward. What you have is a serial plaintiff and an avowed tester of Internet
Internet Accessibility Standing Undoubtedly Headed to Supreme Court
Consider the same set of facts. Title III’s final implementing contain requirements for hotels to post the availability of accessible hotel rooms, 28 C.F.R. §36.302(e), (don’t get me started on how hotels deal with rooms for Deaf, deaf and HOH customers). Two individuals are self avowed testers that visit websites of hotel to see if