Title II
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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
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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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Good News for ADA Defendants – Plaintiffs required to prove discrimination.
My friend and fellow ADA blogger William Goren wrote about Grider v. City of Aurora, 2013 WL 6633404 (D.Colo. 2013) within a week after the December 16, 2013 order denying the prevailing defendants their attorneys fees. [http://www.williamgoren.com/blog/2013/12/22/breed-restrictions-service-dogs-violation-ada/] He correctly pointed out that fights over breed restriction ordinances were likely to prove expensive for cities who… Continue reading
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A warning for cities and states – ADA FHA liability for private contractors
Concepts like “privatization” and “resource sharing” and “public/private partnerships” sound great in concept, but when it comes to ADA and FHA liability these may result in municipalities and government agencies taking on risks they cannot control. A handful of cases serve to sketch out the problem. In Colorado a woman with a hearing impairment sued… Continue reading
