Before moving on to the post of the week, you will notice that the blog has a new look and feel. I upgraded the blog so that it is better able to be used on mobile devices and more importantly the upgrade increases its ability to be accessible. Besides the look, you will see that
Department of Justice
Belton v. Georgia settles with a consent decree
In a previous blog entry entitled help-wanted ASL practitioners, I discussed the case of Belton v. Georgia. On October 3, 2014 that case settled with a consent decree. I thought it would be helpful to cover some of the salient points of the consent decree. They are as follows:
Definitional Terms:
1. A deaf…
Does title II apply even when there are no architectural accessibility standards?
The bloggosphere reports that the City of Lomita California has asked the full Ninth Circuit to rehear the ruling in this case. As is traditional with me, the blog entry is divided into parts: facts, court’s reasoning, and chances en banc/takeaways. The reader is free to focus on any or all of the parts.
I…
The hammer falls: DOJ settles with the State Bar of Louisiana
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…
What can we expect from the DOJ regulations regarding the Internet? Now, we have an idea
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Introductory Comments
Last week the Department of Justice as intervenor and the National Federation of the Blind on behalf of itself and two plaintiffs entered into a consent decree with H&R Block and the entity that runs its website. While the defendant did not admit any liability, they did agree to pay $22,500 to…
DOJ brings the hammer down on the State of Lousiana’s bar licensing authority
I’m going to be off next week, and so I thought I would blog on this one since it is something I have talked about before.
Previously, I blogged on a South Dakota Supreme Court case and talked about the difficulty a person with MH has in passing the character and fitness gauntlet. I also…
Temporary disabilities and the ADA
In the first and second editions of my book, understanding the ADA, I cited to the case of Burch v. Coca-Cola Company, 119 F.3d 305 (5th Cir. 1997), for the proposition that temporary disabilities are not protected by the ADA. However, I did say as a preventive manner, it made sense to treat temporary…
Access Now v. Southwest Airlines overruled by regulation? Department of Transportation, Internet accessibility, kiosk accessibility and the Air Carrier Access Act
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…
Service Dogs Redux: the Texas approach
Without exception, or maybe a rare one, every day my blog entry on service dogs and the Department of Justice regulations dealing with them with respect to title II and title III entities, gets at least one visit from someone. That blog entry deals with the federal approach to service dogs with respect to title…
Using the rehabilitation act to get around sovereign immunity in Title II cases
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…