Richard Hunt
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Mootness – the Kraken of ADA defenses
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… Continue reading
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“Polly want a cracker?” Lessons from DOJ press releases.
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… Continue reading
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Lactose intolerance, milk allergies and the ADA
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… Continue reading
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Loper Bright v Raimondo – the demise of Chevron may change FHA disability litigation.
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 do with… Continue reading
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Grants Pass v Johnson – is homelessness an ADA issue?
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… Continue reading
