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ADA and FHA Policies – One size does not fit all.
“Defendants cannot guarantee that an individual employee will not act inappropriately in a particular instance. However, under the ADA, Defendants can and must ensure that they adopt the proper...
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The Tenth Circuit makes the ADA 2010 Standards a true safe harbor for business.
A door is just a door, no matter how grand. That is what the Tenth Circuit’s held in Colorado Cross Disability Coal. v. Abercrombie & Fitch Co., 2014 WL 4290589 (10th Cir. 2014) when it reaffirmed...
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NIMBY tenants and the ADA
NIMBY (“not in my back yard”) litigation is common under the Fair Housing Act. An organization that serves recovering addicts or individuals with mental disabilities will try to locate in a...
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Fido Frenzy Revisited – reasonableness is the key.
When a Court refers to the case before it as a “sad commentary on the litigious nature of our society” you can be fairly sure that one party or the other is going to do badly. In Sabal Palm...
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Is it all Uber for ride-sharing businesses that don’t comply with the ADA?
Uber Technologies, maker and promoter of the Uber app for ride sharing, has seen a good deal of litigation in the last two years, most of it brought by former Uber drivers or taxi-cab regulators. Two...
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ADA and the Internet – you need a nerd, not a lawyer.
I was surprised last month to see a major national law firm suggest, in its ADA blog, that internet businesses are legally required by the ADA to create accessible websites, and need to consult a...
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Endless liability under the Fair Housing Act — and let’s make it personal
I often remind my clients that when it comes to the Fair Housing Act and Americans with Disabilities Act the adage “ignorance is bliss” does not apply. Last week’s decision from the Southern District...
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Law, Regulation and Confusion in the ADA
This week two ADA writers I follow, Marc Dubin and William Goren, looked at the problem of telling just what the ADA requires. Both concluded that in some respect the only way to know was to look at...
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Reasonable accommodation under the ADA – what would you do for your mother?
I wrote last week about the difficulty in determining just what the ADA requires in cases concerning physical accessibility. A recent decision from California shows how hard it can be to know what the...
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Who’s to blame for an ADA violation? If you don’t decide a judge will.
When public or quasi-public entities contract with private businesses to use their facilities it can be difficult to pin down just who may have violated the ADA. It doesn’t have to be, but allocating...
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