Employers and others covered by the ADA, FHA and other laws prohibiting disability discrimination often want to know whether this or that medical condition is a disability. A pair of decisions from the Sixth Circuit, both decided in the last month, explain why there may not be an unequivocal answer.
We’ll start with the older
For ADA Title III cases mootness devours or destroys, or choose your word the claims of the plaintiff because under Title III the only relief available to the plaintiff is an injunction requiring the defendant to remove whatever architectural or communication barriers might exist. If there are no barriers then there is nothing useful the
The Department of Justice issues a press release every time it enters into a settlement agreement of some kind. The foundations of accessibility law are the statutes and the cases applying them, but there are a lot of practical lessons to be learned from the settlements obtained by the DOJ, so it is worth looking
I always think of donuts when I hear Dunkin Donuts, but of course now it is just “Dunkin” and coffee is at the top of their product line. Hence the coffee cup to the left, because we are back to alternative milk products and the ADA.
The last time I blogged about this subject was
In Loper Bright Enterprises et al v. Raimondo, Secretary of Commerce et al, Case No. 22-451 (June 28, 2024) the Supreme Court overruled Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., a case that, as one commentator observed, was the foundation of the administrative state.¹ At first glance this decision has little to
In City of Grants Pass, Oregon v. Johnson et al, Case No. 23-175 (June 28, 2024) the Supreme Court, after a very long discussion, found that the prohibition on cruel and unusual punishment in the Eighth Amendment does not forbid cities from passing laws that prohibit public camping. The legal reasoning is simple. The Eighth Amendment covers
I should begin by acknowledging that this is an editorial, not news. The news is simple – Title II entities must over the next few years bring their websites and mobile apps into conformance with WCAG 2.1 AA. The question is whether requiring that is a good way to do what the ADA is supposed
There has been plenty of commentary about the new DOJ website accessibility regulations for Title II entities, which fall into the good news / bad news category typical of all regulations. The good news is they have adopted WCAG 2.1 AA as the technical standard, using a standard everyone is or should be familiar with.
Welcome to the Alice in Wonderland world of HUD reading the FHA. We can start with a quote from the novel by Lewis Carroll that sums up the problem:
“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The
Back in 2022 a plaintiffs’ firm filed a national class action in Florida against Starbucks claiming that it discriminated against those with lactose intolerance by charging extra from non-dairy milk alternatives. The case progressed in fits and starts, as most such cases do, until February 27 of this year, when the Court gave the plaintiffs
