ADA FHA Legislation
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Is this a service animal under the ADA?* What Arizona can teach the Department of Justice.
Reading the daily update I get on disability law issues I was struck by this sentence from an article published on August 8 in the Daily Courier from Prescott Arizona: “The Arizona Legislature altered laws this year that govern those service animals, specifically allowing businesses, especially restaurants, to tell an owner the animal must be removed… Continue reading
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Who’s on first? Shifting burdens in ADA accessibility litigation
There is nothing the Supreme Court loves more in a discrimination case than a set of shifting burdens of production, persuasion, proof, or whatever other word starting in “p” the Court thinks will describe complicating the analysis of a discrimination case. It proved this recently in Young v. United Parcel Service, a pregnancy discrimination case, but… Continue reading
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Animal Crackers and Alphabet Soup — ADA, FHA, ACAA, Arghhhh
There was a flurry of comment recently among the community of disability lawyers when a legal blogger posted a story about a pig allowed on an airplane with disastrous results. The story was interesting, but what caught the attention of those who practice in the field of disability law was his error in the law that… Continue reading
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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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“Disability” and “Handicap” are not the same, and it matters
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… Continue reading