In a comment to a previous blog entry, I discussed the case of Gipson v. Popeye’s Chicken and Biscuits. In that case, the Northern District of Georgia said that considering what police have to do, it wasn’t right to impose ADA liability on the police since the police are not lawyers and have
title II
Blown up Sir!: Olmstead Budget Cuts Litigation Just Got A LOT Harder for Plaintiffs
By William Goren on
One of my favorite movies of all time is Stripes with Bill Murray and Harold Ramis and John Candy and others. There is a scene in that movie where the Sergeant is on a platform and that platform gets destroyed by mortar fire because the commanding officer, John Larroquette, who is absolutely incompetent, demands that…
The hammer falls: DOJ settles with the State Bar of Louisiana
By William Goren on
Posted in Constitutional law, Title II
In a previous post, I talked about how the Department of Justice had issued a letter to the Louisiana Supreme Court with respect to the way they went about dealing with bar applicants with a history of MH. This blog entry will talk about the settlement that DOJ entered into with the Louisiana Supreme…
Can You Get Compensatory and Punitive Damages in ADA Retaliation Claims
By William Goren on
Your client asked for reasonable accommodations/modifications and was retaliated against for doing so. Let’s assume that the retaliation is fairly obvious. The question becomes when you file a retaliation claim are you going to be able to get compensatory and punitive damages? Might it depend upon the title or law that you are suing under?…
Good faith interactive process
By William Goren on
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What is a good faith interactive process?
The ADA requires an interactive process whenever a person with a disability gives the employer, governmental entity, or business notice (broadly defined), that they are in need of reasonable accommodations/modifications as a result of a disability. What would a good faith interactive process look like in the…
Police liability redux: ADA, Excessive Force, failure to intervene
By William Goren on
I have been blogging now for almost 3 years. We recently passed the 50,000 views mark. Thanks!! The holy grail of legal blogs is the American Bar Association Blawg 100. They are taking nominations now and the deadline is August 8. The nomination form can be found here. If you really like what you…
Is a person with a disability entitled to an attorney in a civil matter as a reasonable accommodation under title II of the ADA or under state law?
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. I also have a second blog entry following up on that blog entry.
This blog entry explores a related topic. Let’s say a person with a disability finds themselves in the court system…
Granting a right to display doesn’t mean the obligation ends there
By William Goren on
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Introduction
Let’s say you have this situation. The city holds an outdoor car show allowing a whole bunch of people to display their wares outside. One of the vendors blocks the curb ramps providing persons with disabilities access to the sidewalk in front of the hotel where a person was staying as he was…
Right of a deaf child to access a city’s municipal recreational league
By William Goren on
I recently came across this article on the Internet discussing a case where the parents of an 8-year-old boy who is deaf are suing Greensburg, Pennsylvania, for failing to provide an interpreter for the child while he plays in the city soccer program. According to the article, the suit was filed on May 29, 2014,…
IDEA Exhaustion, Attorneys Fees, and Applicable Statute of Limitations
By William Goren on
Normally, when I am putting together a blog entry, what I do is that I find an interesting case that comes out during the week and then: analyze that case; discuss the court’s reasoning and my take on it; and then offer takeaways. This week I did see a case that met that criteria (it…