ADA Title II
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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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Tester standing under the ADA – Getting it wrong, getting it right, and an interesting but irrelevant analysis.
Three cases in the last thirty days look at ADA standing and reach different conclusions about what the Constitution and the ADA require. For victims of serial litigation and for courts interested in the coherent application of the text of the ADA and similar statutes these are crucial cases.² Continue reading
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ADA and FHA Quick Hits – Day that will live in infamy edition
Before delving into the fascinating details of ADA and FHA legal developments it doesn’t hurt to remember that in the larger scheme of things the day-to-day problems caused by flaws in the ADA and FHA are not as earth shattering as we like to imagine. Cities may be responsible for the carelessness of the public Continue reading
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Another ADA case heads to the Supreme Court – City of Trinidad v Hamer
I blogged about the 10th Circuit’s decision in Hamer v City of Trinidad earlier this year.* The City has now filed a Petition for Certiorari that may well take the case to the Supreme Court because the issues and conflict between the Circuits are well defined.** The heart of the dispute concerns a novel doctrine Continue reading
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Eternal liability under ADA Title – It’s what you don’t do that matters
I’ve observed before that titles II and III of the ADA create what can be called a crime looking for a victim.* The decision in Hamer v. City of Trinidad, 2019 WL 2120132 (10th Cir. May 15, 2019) shows how defining the crime can change the burden cities may face today based on decisions that go Continue reading
