ADA FHA Litigation General
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Disabled? Compared to whom? Measuring ADA disabilities
In Winston Groom’s “Forrest Gump” a young man with a significant intellectual impairment manages to accomplish great things through a combination of luck, determination, and insistent loyalty to his friends and family. Was he disabled as that term is defined under the ADA? An April 11 decision from the Easter District of Pennsylvania reminds us how complex… Continue reading
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Successor liability under the Fair Housing Act – New Law that Matters
We’ve blogged more than once about the ongoing question of whether a current owner of a property built after the FHA guidelines became effective can be liable under the design/build provisions of the Fair Housing Act. (Click, here, and here). A March 31, 2016 decision from the United States District Court for the District of Maryland… Continue reading
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Abusive ADA Litigation – the answer is local, not legal
Tens of millions of dollars are wasted each year on litigation under the Americans with Disabilities Act. The money is wasted because instead of going directly to improvements that make businesses more accessible, the money goes to lawyers. Diverting money from remediation to litigation is the real tragedy of so called “drive-by” lawsuits. . Every… 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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DOJ plays kick-the-can with ADA web accessibility
The Department of Justice has once again delayed regulations that would purport to set standards for web accessibility under the Americans with Disabilities Act. This is not the first time DOJ has kicked the can a little further down the road with respect to web access regulations. The proposed regulations have been floating around since… Continue reading
