Public Facilities
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Another ADA case heads to the Supreme Court – City of Trinidad v Hamer
I blogged about the 10th Circuit’s decision in Hamer v City of Trinidad earlier this year.* The City has now filed a Petition for Certiorari that may well take the case to the Supreme Court because the issues and conflict between the Circuits are well defined.** The heart of the dispute concerns a novel doctrine… Continue reading
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Stadium Sightlines under the ADA – the winner is . . .
Nobody knows. The August 19, 2020 decision in Landis v. Washington State Major League Baseball Stadium Pub. Facilities Dist., 2019 WL 3891566 (W.D. Wash. Aug. 19, 2019) is thoughtful, thorough, and from the standpoint of those looking for certainty concerning the stadium sightlines argument inconclusive. The Court denied the plaintiffs’ request for a ruling that as a… Continue reading
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“An atmosphere as quiet as an undiscovered tomb” – is that what the ADA requires?
In My Fair Lady Henry Higgins famously described his ideal room as having an atmosphere as quiet as an undiscovered tomb. Some anti-noise advocates would like to have the ADA impose this kind of requirement on every public accommodation. A recent news story* about this illustrates how little the press and public understand about what… Continue reading
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Eternal liability under ADA Title – It’s what you don’t do that matters
I’ve observed before that titles II and III of the ADA create what can be called a crime looking for a victim.* The decision in Hamer v. City of Trinidad, 2019 WL 2120132 (10th Cir. May 15, 2019) shows how defining the crime can change the burden cities may face today based on decisions that go… Continue reading
