Public Facilities
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Temporary profits can mean a permanent problem under the ADA
What’s wrong with this picture? You can be excused if you don’t immediately think, “no accessible parking,” but that might be the first thing that would come to mind for the defendant in Langer v. G.W. Properties, L.P., , 2016 WL 3419299, (S.D. Cal. June 21, 2016). Langer serves as a reminder that a business not usually… Continue reading
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Abusive ADA Litigation – the answer is local, not legal
Tens of millions of dollars are wasted each year on litigation under the Americans with Disabilities Act. The money is wasted because instead of going directly to improvements that make businesses more accessible, the money goes to lawyers. Diverting money from remediation to litigation is the real tragedy of so called “drive-by” lawsuits. . Every… Continue reading
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ADA Title II – Maybe sidewalks aren’t services after all
Does this look like a “service, program or activity?” The official position of the Department of Justice is that every city facility – sidewalks, buildings and the like – must be made accessible because building and maintaining those facilities is a “service, program or activity” of the city. The Fifth Circuit agreed in what has… Continue reading
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Vending machines and the ADA
Even after 25 years of regulation and litigation ADA obligations are still often uncertain. Does the ADA require that vending machines be accessible to the blind and if so what does that mean? It really isn’t clear at all. In McGee v. Coca Cola Refreshments USA, Inc., 2015 WL 6620959 (E.D. La. 2015) the court held definitively that a… Continue reading
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DOJ Rules on ADA web access – never would be a really good time.
Since 2010 the Department of Justice has been in the process of creating rules for web access under the ADA. No rules have been proposed, and this month the DOJ announced that it was splitting the proposed rule making into two parts and delaying the issuance of a notice of proposed rule making for both.… Continue reading
