ada violation
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Are you saying these guys couldn’t deal with a 1:15 slope? Just what is an “architectural barrier” under the ADA
Just a few weeks ago I wrote about what seems to be a pervasive though obvious problem with the analysis of standing for ADA accessibility plaintiffs. (“Oops! – Can a plaintiff suffer an ADA injury if he gets exactly what he wants?” Oct. 4, 2013). The 11th Circuit apparently overlooked my critique when it decided Houston Continue reading
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Missing the forest for the trees – Are the ADA Standards just a bunch of numbers?
On September 30 the District Court for the Eastern District of California denied in part and granted in part a defense motion for summary judgment concerning ADA compliance in the mens restroom at a Bed Bath & Beyond. Feezor v. Excel Stockton LLC, 2013 WL 5486831 (E.D.Cal. 2013). In a 5300 word opinion the Court mentions only Continue reading
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Fido frenzy – dealing with the service dog litigation explosion
With widespread media coverage of disputes about service dogs in bars and restaurants disability advocates, real and self proclaimed, are predicting an explosion of litigation about service dogs under the Americans with Disabilities Act. There has been no change in the statute itself, and the Department of Justice regulations for service dogs went into effect Continue reading
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Pleading ADA defenses: What’s sauce for the goose . . .
A case decided just last week, Dodson v. Strategic Restaurants Acquisition Co., 2013 WL 3120322 (E.D. Cal. 2013) is worth study for any ADA or FHA defense attorney. There is plenty of technically useful information because the Court has provided an extensive survey of cases discussing whether Iqbal and Twombly apply to affirmative defenses. This is an unsettled Continue reading
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Obesity under the ADA – the plus size shopping experience.
Since I last blogged about obesity in March a pair of decisions from the Western District of Pennsylvania have taken up the question of obesity in connection with Title III lawsuits. Anderson v. Macy’s, Inc., 2013 WL 1857535 (W.D. Penn. 2013) and Anderson v. Kohl’s Corp., 2013 WL 1874812 (W.D. Penn 2013). The opinions are Continue reading
