One of the topics that we have discussed before (see here for example), is transgender individuals alleging that they have been the victims of disability discrimination. Recently, transgender plaintiffs have also had success in alleging that they are the victims of sex discrimination as sex discrimination includes stereotyping based on gender, which by
programs
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…
Police liability for not knowing or ignoring the ADA
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…
Olmstead evolves
In Olmstead v. L.C., 527 U.S. 581 (1999), United States Supreme Court held that it violated the Americans with Disabilities Act for for a State to have a system that did not allow persons with mental illness to be treated in the community. Since that time, the United States government has been very aggressive…
Are the provisions of the Americans with Disabilities Act and the Rehabilitation Act the same?
Case law dealing with the Rehabilitation Act and the Americans with Disabilities Act will often say say that the Americans with Disabilities Act and the Rehabilitation Act are governed by the same standards. Eg. Greer v. Richardson Independent School District, 2012 WL 833367, *12 fn 1 (fifth Cir. March 14, 2012). That said, are…