Press releases from HUD and DOJ in the last week or so contain plenty of lessons for the owners of businesses subject to the ADA and FHA. I can’t say whether these new claims by the government will pan out,
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Is Asthma a disability under the ADA? Good question.
Employers and others covered by the ADA, FHA and other laws prohibiting disability discrimination often want to know whether this or that medical condition is a disability. A pair of decisions from the Sixth Circuit, both decided in the last
Mootness – the Kraken of ADA defenses
For ADA Title III cases mootness devours or destroys, or choose your word the claims of the plaintiff because under Title III the only relief available to the plaintiff is an injunction requiring the defendant to remove whatever architectural or
“Polly want a cracker?” Lessons from DOJ press releases.
The Department of Justice issues a press release every time it enters into a settlement agreement of some kind. The foundations of accessibility law are the statutes and the cases applying them, but there are a lot of practical lessons
Lactose intolerance, milk allergies and the ADA
I always think of donuts when I hear Dunkin Donuts, but of course now it is just “Dunkin” and coffee is at the top of their product line. Hence the coffee cup to the left, because we are back to
Loper Bright v Raimondo – the demise of Chevron may change FHA disability litigation.
In Loper Bright Enterprises et al v. Raimondo, Secretary of Commerce et al, Case No. 22-451 (June 28, 2024) the Supreme Court overruled Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., a case that, as one commentator observed,
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
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
ADA Title II website regulations – does anyone have a better idea?
There has been plenty of commentary about the new DOJ website accessibility regulations for Title II entities, which fall into the good news / bad news category typical of all regulations. The good news is they have adopted WCAG 2.1
The Alice in Wonderland world of HUD’s definition of “handicap.”
Welcome to the Alice in Wonderland world of HUD reading the FHA. We can start with a quote from the novel by Lewis Carroll that sums up the problem:
“When I use a word,” Humpty Dumpty said, in rather a