One of the hardest things for ordinary people to understand about the ADA and FHA is that these statutes, which supposedly forbid discrimination, make it unlawful to treat everyone equally. To avoid “discrimination” under the disability related provisions of these laws businesses must give special treatment to those with disabilities. More
The ADA turns 25 – let’s celebrate with a lawsuit!
By Richard Hunt in Accessibility Litigation Trends, ADA, ADA Attorney's Fees, ADA FHA Litigation General, DOJ Tags: ADA Anniversary, ada litigation, ada violation, Department of Justice, private lawsuits
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 Austin American-Statesman sums up the party atmosphere:
“A quarter-century after the American Disabilities Act banned the discrimination of disabled Americans, the Texas Civil Rights Project filed 32 lawsuits across Texas.” — including 14 in Austin — that shared a common theme: Access is a civil right.”
Numerosity, the ADA and FHA Class Action Numbers Game
By Richard Hunt in Accessibility Litigation Trends, ADA Class Actions, ADA Statistics, FHA Class Actions, FHA Statistics Tags: ADA Class Action, FHA Class Action, private lawsuits, Statistics
“How to Lie with Statistics” by Darrell Huff is one of my favorite books, because statistical analysis is often critical in ADA class action and other kinds of civil rights litigation, and statistics are so often abused in these cases. The difference between the manageable defense of one or two properties and an unbelievably expensive defense involving hundreds or thousands can turn on whether a particular class meets the “numerosity” requirement in Rule 23(a)(1) of the Federal Rules of Civil Procedure. That requires the use, and often mis-use, of statistics. More
Strangle the internet? That’s what DOJ’s position on ADA accessibility would do.
By Richard Hunt in Accessibility Litigation Trends, ADA, ADA Internet Web, ADA regulations, DOJ, Internet Tags: ada litigation, Freedom of Expression, Freedom of Speech, internet, private lawsuits, World Wide Web
On June 26 the Department of Justice announced that it had filed Statements of Interest in two lawsuits concerning access to online content. The suits were filed against Harvard (National Ass’n of the Deaf v. Harvard University et al, Case No. 3:15-cv-30023 in the United States District Court for the District of Massachusetts) and M.I.T. (National Ass’n of the Deaf v. Massachusetts Institute of Technology, Case No. 3:15-cv-300024 in the United States District Court for the District of Massachusetts). Both Statements of Interest make the same claim; that is, that all online content must be accessible to those with disabilities if offered by a “public accommodation.” The phrase “public accommodation” as defined in the statute includes any “place of education.” More
Disparate Impact – Will it now apply to disability discrimination under the FHA?
By Richard Hunt in Accessibility Litigation Trends, ADA FHA General, Apartments, Condominiums, FHA, Landlord-tenant, Multi-Family, Policies and Procedures FHA ADA Tags: Apartments, Condominiums, disparate impact, FHA Litigation, FHA Policies, private lawsuits
On June 25 the Supreme Court held that FHA discrimination claims can be based on disparate impact. Texas Dep’t of Hous. & Cmty. Affairs v. Inclusive Communities Project, Inc., 2015 WL 2473449, at *9 (U.S. June 25, 2015). At first blush this doesn’t seem to have much to do with accessibility claims. When we talk about the policies that discriminate against those with disabilities we usually look at 42 U.S.C. Section 3604(f)(3)(B), which requires reasonable accommodation; that is, exceptions to a policy because the policy has a disproportionate impact on those with disabilities. However, Inclusive Communities Project may have its own disparate impact on claims of disability discrimination. More