ADA FHA General
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Who’s to blame for an ADA violation? If you don’t decide a judge will.
When public or quasi-public entities contract with private businesses to use their facilities it can be difficult to pin down just who may have violated the ADA. It doesn’t have to be, but allocating ADA responsibility requires that the parties at least think about it. When they don’t the resulting litigation is likely to be… Continue reading
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Reasonable accommodation under the ADA – what would you do for your mother?
I wrote last week about the difficulty in determining just what the ADA requires in cases concerning physical accessibility. A recent decision from California shows how hard it can be to know what the “reasonable accommodation” provisions of the ADA require. For businesses who want to comply with the ADA and want to avoid litigation… 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
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Endless liability under the Fair Housing Act — and let’s make it personal
I often remind my clients that when it comes to the Fair Housing Act and Americans with Disabilities Act the adage “ignorance is bliss” does not apply. Last week’s decision from the Southern District of Mississippi, U.S. v. Dawn Properties, Inc. et al 2014 WL 5775324 (S.D. Miss. Nov. 6, 2014) is a reminder that ignorance… Continue reading
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ADA and the Internet – you need a nerd, not a lawyer.
I was surprised last month to see a major national law firm suggest, in its ADA blog, that internet businesses are legally required by the ADA to create accessible websites, and need to consult a lawyer about that requirement. While it is undoubtedly true that creating an accessible web site is good public relations, it is… Continue reading
