Department of Justice
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The ADA turns 25 – let’s celebrate with a lawsuit!
The Department of Justice and various disabilities rights groups are busy celebrating the 25th anniversary of the Americans with Disabilities Act. It is a peculiarly American kind of celebration, because much of the focus is on stepped up enforcement; that is, filing a lot of new lawsuits. The lead sentence from an article in the… Continue reading
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Is it the lawyer, the judge or the law? – more ADA contradictions and confusion
Three recent cases from District Courts in California show just how hard it can be to predict what will happen in an ADA case, at least in the early stages. The facts are essentially identical, but the results are diametrically opposed. Is it because the judges have different views of the law? Is it because the… 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
