ADA defense
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Grants Pass v Johnson – is homelessness an ADA issue?
In City of Grants Pass, Oregon v. Johnson et al, Case No. 23-175 (June 28, 2024) the Supreme Court, after a very long discussion, found that the prohibition on cruel and unusual punishment in the Eighth Amendment does not forbid cities from passing laws that prohibit public camping. The legal reasoning is simple. The Eighth Amendment covers… Continue reading
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ADA Title II website regulations – is cyberspace a place?
I should begin by acknowledging that this is an editorial, not news. The news is simple – Title II entities must over the next few years bring their websites and mobile apps into conformance with WCAG 2.1 AA. The question is whether requiring that is a good way to do what the ADA is supposed… Continue reading
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Starbucks again – Lactose intolerance, alternative milk and the ADA
Back in 2022 a plaintiffs’ firm filed a national class action in Florida against Starbucks claiming that it discriminated against those with lactose intolerance by charging extra from non-dairy milk alternatives. The case progressed in fits and starts, as most such cases do, until February 27 of this year, when the Court gave the plaintiffs… Continue reading
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Kiosks and the ADA – evaluating the risk after Davis v Lab Corp
Circuit court decisions on ADA cases are sparse when compared to the number of suits filed, and cases involving self-service kiosks are rare, so it isn’t surprising the Ninth Circuit’s decision in Davis et al v. Laboratory Corp. of America Holdings, Case No. 22-55873 (Ninth Circuit, February 8, 2024) has gotten a good deal of attention.… Continue reading
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Acheson Hotels – I had to say something
My Google News feed has had dozens, maybe hundreds of articles about the Supreme Court’s decision to dismiss the Laufer v Acheson Hotels case. When written by disability rights advocates the positions are what you’d expect; either “whew we dodged a bullet” or “Laufer has standing and the Court saved itself from a horrible mistake.” Business… Continue reading
