Title III of the ADA requires that any new buildings, after 1992, be built in accordance with strict architectural guidelines that mandate accessibility for persons with disabilities. Also, any renovations to buildings, whether the building is built before 1992 or otherwise must be made in a way so that the renovations are accessible to persons
October 2012
Title III: it may be cheaper to fix it
Under title III of the Americans with Disabilities Act, the only remedy the plaintiff can get is injunctive relief and attorneys fees. The court may also fine violators up to $50,000 for a first violation and up to $110,000 for each subsequent violation. Attorney fees are only available if the person prevails. What does it…
Sovereign immunity principles outside of sovereign immunity claims and the importance of self-evaluation and transition plans
In a previous blog entry, I talked about the principle of sovereign immunity as it applies to persons with disabilities. As mentioned in that blog entry, a state, including an arm of the state, is not going to be forced to waive its sovereign immunity with respect to disability discrimination in employment matters.…
LSAT and Title III discrimination
Anybody that wants to go to law school must take the LSAT, law school admission test sponsored by the law school admission Council (LSAC) . The LSAT is a standardized test consisting of 100 multiple-choice questions ( Binno v. American Bar Association, 2012 WL 4513617, *1 (E.D. Mich. September 30, 2012)), divided into five…
Persons with disabilities and peremptory challenges
Few cases today actually go to trial. However, the ones that do go to trial involving juries necessarily mean that a jury has to be picked first. Jurors aren’t so much picked as they are eliminated. With respect to jury selection, there are three kinds of jury challenges. First, there is a peremptory challenge. Peremptory…