A door is just a door, no matter how grand. That is what the Tenth Circuit’s held in Colorado Cross Disability Coal. v. Abercrombie & Fitch Co., 2014 WL 4290589 (10th Cir. 2014) when it reaffirmed what businesses have always believed; that is, that the 2010 Standards and their predecessor the ADAAG are a real safe harbor for business.* This is, of course, the Hollister front porch case that I and many others have blogged about in the past. In it the plaintiffs claim that the raised “front porch” at the center entrance for Hollister stores violates the ADA because it is not accessible (it is reached by steps). They claim that although the entrances that flank it on either side are accessible, the center entrance provides a unique “experience” and so it must be accessible too. The Tenth Circuit has now rejected that claim, holding that the store’s compliance with the 2010 Standards eliminates any claim under the ADA. It’s analysis is worth studying for any business that has been or may be sued under the ADA. More
ADA FHA General
ADA and FHA Policies – One size does not fit all.
By richardhunt in Accessibility Litigation Trends, ADA FHA General, Policies and Procedures FHA ADA, Reasonable accommodation Tags: ADA Policies, assistance animals, FHA Policies, private lawsuits, restaurants, retail, service animals
“Disability” and “Handicap” are not the same, and it matters
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Legislation, ADA FHA Litigation General, Condominiums, FHA, Multi-Family Tags: assistance animals, Condominiums, developers, FHA Litigation, mental health disabilities, service animals, therapy animals
Many lawyers and governmental entities believe that anyone who is “disabled” for purposes of the Americans with Disabilities Act (ADA) must also be handicapped for purposes of the Fair Housing Act (FHA). This used to be true, but may not be anymore. The difference between a disability and a handicap has important practical implications for multi-family communities and others who are subject to the accessibility provisions of the FHA. More
Unconventional wisdom concerning pet deposits under the Fair Housing Act.
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, FHA Tags: FHA, FHA Litigation, Pets, service animals, support animals, therapy animals
One common bit of conventional wisdom under the FHA is that apartments and other housing providers cannot require a pet deposit for an assistance animal or service animal. This is certainly the position of HUD and the DOJ. (See, HUD memo dated April 25, 2013 and see http://www.ada.gov/qasrvc.htm). The position is based on the notion that because a disabled person is required to have a service animal it is discriminatory to require anything of such a person that would not be required of a person without a disability who had no pet. See Intermountain Fair Hous. Council v. CVE Falls Park, L.L.C., 2011 WL 2945824 (D. Idaho 2011). The question of whether it indeed violates the FHA to require what would be more rationally called an “animal damage deposit” is really more nuanced than this. More
ADA accessibility in movie theaters — do the DOJ’s plans make sense?
By richardhunt in ADA, ADA FHA General, ADA regulations, ADA rulemaking, Movies Tags: Accessible movies, Department of Justice
On July 23 the Depart of Justice published a notice of proposed rulemaking on accessibility in movie theaters for those with vision and hearing disabilities. (http://www.ada.gov/regs2014/movie_nprm.html). The public comment period begins today. The proposed rules will require most movie theaters to buy equipment so that customers with hearing disabilities and vision disabilities can participate in the movie watching experience. There are numerous limits and caveats, but what I find most interesting is the analysis of costs and benefits, in which the DOJ admits that it has little or no data to support a claim that the benefits are worth the costs. Consider some of the DOJ’s admissions about its own ignorance: More