ADA regulations
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Is it the lawyer, the judge or the law? – more ADA contradictions and confusion
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… Continue reading
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ADA Policies – You’ve got to walk the walk part II
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… Continue reading
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Need a Lyft? The ADA may apply to app based businesses.
Or at least businesses that use apps to broker goods and services. In a decision dated February 20, 2015 the United States District Court for the Western District of Texas denied a second Motion to Dismiss filed by the ride sharing services Lyft and Uber. Ramos v. Uber Technologies, Inc., 2015 WL 758087 (W.D. Tex.… Continue reading
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What is an ADA injury, anyway?
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… Continue reading
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Law, Regulation and Confusion in the ADA
This week two ADA writers I follow, Marc Dubin and William Goren, looked at the problem of telling just what the ADA requires. Both concluded that in some respect the only way to know was to look at the latest private settlements between the Department of Justice and various businesses it investigates. You can know the statute,… Continue reading
