I’ve written twice recently about temporary barriers to access (“You’ve got to walk the walk” and “You’ve got to walk the walk part II). It is an issue that will probably never go away because standard point of sale marketing techniques are very likely to conflict with the ADA. The latest decision is one in the apparently endless of series of battles between Starbucks and Robert Kalani. Kalani v. Starbucks Corp., 2015 WL 846651, at *4 (N.D. Cal. Feb. 25, 2015). More
Accessibility Litigation Trends
U.S. v. Avatar Properties, Inc., 2015 WL 2130540 (D. New Hampshire 2015) is a little case with a big reminder: condominium and homeowners associations fail to accommodate disabilities at their own risk. The law isn’t perfectly settled, but it is safe to say based on this and other cases that ignoring an accommodation request is probably not a good idea.
By Richard Hunt in Accessibility Litigation Trends, ADA, ADA FHA Litigation General, Doctors, Hospitals, Medical, Medical, Professional services Tags: ada litigation, ADA pleading, ADA standing, Doctors, Hospitals, Medical, private lawsuits, private litigants
The defendants in Association for Disabled Americans v. Reinfeld Anderson Family LTD, PRT, 2015 WL 1810536 (S.D. Fla. 2015) came within minutes of total victory on a motion to dismiss, but failed in the end. The case is a study in ideas with superficial appeal that can actually make things worse. More
Three recent cases from District Courts in California show just how hard it can be to predict what will happen in an ADA case, at least in the early stages. The facts are essentially identical, but the results are diametrically opposed. Is it because the judges have different views of the law? Is it because the lawyers in one case were not as good as the lawyers in the other? The cases leave plenty of room for speculation. What every business should know, however, is that there are no sure things in ADA litigation, and the regulations are more complicated than you might think*.
There is nothing the Supreme Court loves more in a discrimination case than a set of shifting burdens of production, persuasion, proof, or whatever other word starting in “p” the Court thinks will describe complicating the analysis of a discrimination case. It proved this recently in Young v. United Parcel Service, a pregnancy discrimination case, but the process goes back to McDonnell Douglas Corp. v. Greene, a race discrimination case decided in 1973. The McDonnell Douglas waltz goes like this: plaintiff has to make a preliminary showing of discrimination, the defendant has to show that it had a non-discriminatory reason, and then the plaintiff has to prove the defendant was really motivated by discriminatory feelings. By way of contrast an ordinary lawsuit just puts a single burden on the plaintiff; that is, prove the defendant did something wrong. The McDonnell Douglas waltz guarantees that discrimination litigation will be more complex, time-consuming and expensive than an ordinary lawsuit. More