ada violation
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Pre-suit notice in ADA litigation revisited.
Courts almost universally agree that the ADA does not require that a plaintiff give notice before filing suit. I have argued that while notice is not a procedural requirement, it should be implied as a substantive requirement for any claim based on a failure to remove barriers because one cannot fail to do something that Continue reading
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ADA standing rules that turn people into stereotypes.
The liberal standing rules in the Ninth Circuit seems to benefit advocates for those with disabilities by allowing them to file suits that go far beyond any actual discrimination experienced by the plaintiff. However, this comes at a real cost because this kind of lawsuit encourages the courts and business owners to view “the disabled” Continue reading
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ADA Standing – in the 9th Circuit all you need is paranoia and the presumption of guilt
In the Ninth Circuit and in courts that follow its holdings ADA standing can be based on nothing more than a paranoid fantasy by the plaintiff or a presumption of guilt by the court. This conclusion follows logically from two decisions that themselves rest on neither logic nor the law. The first case is Pickern Continue reading
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ADA Access Barrier Cases – A request for removal should be an element of the claim.
While reading the latest ADA case reports this arresting statement caught my eye: “The [ADA] does not ordinarily require the owner of a facility to take affirmative measures to make the facility accessible to and usable by persons with disabilities.” Davis v. John S. Ciborowski Family Trust, 2013 WL 1410007 (D.N.H. 2013). The statement notes Continue reading
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Obesity and disability – demographics will drive litigation.
The obesity epidemic that attracts so much attention in terms of public health serves as an additional reason for businesses and property owners to pay attention to ADA and FHA accessibility issues. The statistics are well known and striking. In the last 40 years obesity (Body Mass Index >30) has increased from around 12% to Continue reading
