Shopping Centers
-
Obesity under the ADA – the plus size shopping experience.
Since I last blogged about obesity in March a pair of decisions from the Western District of Pennsylvania have taken up the question of obesity in connection with Title III lawsuits. Anderson v. Macy’s, Inc., 2013 WL 1857535 (W.D. Penn. 2013) and Anderson v. Kohl’s Corp., 2013 WL 1874812 (W.D. Penn 2013). The opinions are Continue reading
-
ADA standing rules that turn people into stereotypes.
The liberal standing rules in the Ninth Circuit seems to benefit advocates for those with disabilities by allowing them to file suits that go far beyond any actual discrimination experienced by the plaintiff. However, this comes at a real cost because this kind of lawsuit encourages the courts and business owners to view “the disabled” Continue reading
-
ADA Standing – in the 9th Circuit all you need is paranoia and the presumption of guilt
In the Ninth Circuit and in courts that follow its holdings ADA standing can be based on nothing more than a paranoid fantasy by the plaintiff or a presumption of guilt by the court. This conclusion follows logically from two decisions that themselves rest on neither logic nor the law. The first case is Pickern Continue reading
-
Your front porch – is everybody welcome?
On March 7 of this year the District Court for Colorado granted a summary judgment in a class action challenging the design of the front porch at the entrance of most Hollister stores. Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co., 2013 WL 856510 (D.Colo. 2013). There are several good discussions of the merits of Continue reading
-
Testers and the ADA — does motive matter?
Most lawsuits brought under the ADA are brought by “testers” that is, individuals whose primary motivation is not to take advantage of particular goods and services, but rather to discover whether a particular facility complies with the ADA. This fact offends many defendants, and seems to defy the constitutional requirement that the plaintiff have suffered Continue reading
