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
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
On March 5, 2015 the Ninth Circuit issued an opinion in one of the longest running ADA lawsuits around. Chapman v. Pier 1 Imports (U.S.) Inc., 2015 WL 925586 (9th Cir. Mar. 5, 2015). Like the Home Depot case I wrote about a few weeks ago the issue in Chapman v. Pier 1 concerned obstructions that blocked access and a policy that was supposed to prevent such obstructions. Unlike Home Depot, Chapman v. Pier 1 includes some clear guidelines for businesses that want to make sure they are “walking the walk.”
By Richard Hunt in ADA, ADA FHA Litigation General, ADA Policies, ADA regulations, Retail, Uncategorized Tags: ada litigation, ADA pleading, ADA standing, FHA ADA litigation "statute of limitations" strategy DOJ "attorney general" enforcement, private lawsuits, private litigants
This inspiring picture of a para-athlete should remind us all of what those with “disabilities” as defined by the law can achieve. It should also make the courts consider whether they have mis-construed the law concerning injury under the ADA. I’ve written many times before about the troubling tendency of some courts to ignore the actual injury requirement for lawsuits under the ADA. (See my posts on December 23, 2013, October 3, 2013, May, 2013 and especially Nov. 6, 2013). A recent decision from North Carolina shows how one court, at least, has adopted the common sense view that a plaintiff who has not been injured cannot maintain an action under the ADA. Blue v. Boddie-Noell Enterprises, Inc., 2015 WL 509831 (E.D.N.C. Feb. 6, 2015). More