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Disability Discrimination

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To establish a claim under the ADA or Rehabilitation Act, a plaintiff must show: (1) he is a qualified individual with a disability; (2) he was denied a reasonable accommodation that he needs in order to enjoy meaningful access to the benefits of public services; and (3) the program providing the benefit receives federal financial assistance.  In addition, the plaintiff… Read More

Under the Department of Justice's Accessible Stadium's guidance document section 4.33.3, a stadium must all spectators in wheelchairs to see (a) between the heads and over the shoulders of standing spectators in the row immediately in front of the wheelchair spectators, and (b) over the heads of standing spectators in the second row from the wheelchair spectators.  The district court… Read More

Plaintiff, who suffers from PTSD, has a dog to help her cope.  She could not afford to pay for formal training and certification of the dog as a service animal.  She trained the dog herself.  This decision holds that the Americans with Disabilities Act does not require that service animals meet certification standards before their disabled owners are entitled to… Read More

Brown, a teacher, complained that the electro-magnetic waves emanating from the new wi-fi system installed in her school caused her chronic pain, headaches, nausea, itching, burning sensations on her skin, ear issues, shortness of breath, inflammation, heart palpitations, respiratory complications, foggy headedness, and fatigue.  She reported her symptoms to the school, which initially gave her the option of having it… Read More

Whitaker adequately alleged standing to bring a claim under the Americans with Disabilities Act by alleging that the counters in Tesla's showrooms were inaccessible to him (as a wheelchair-bound person) and deterred him from returning to Tesla's showrooms.  However, Whitaker's complaint was properly dismissed for failure to meet Iqbal/Twombly pleading standards as it mostly repeated the statutory elements of an… Read More

A school district is not a "business establishment" for purposes of the Unruh Act (Civ. Code 51) and so cannot be sued under that act for discrimination, including discrimination forbidden by the Americans with Disabilities Act, which the Unruh Act incorporates by reference. Read More

Under 42 USC 12182(b), an owner violates the ADA if it fails to remove architectural barriers to handicap access in existing facilities where removal is readily achievable, or, if removal is not readily achievable, if it fails to make its goods or services available to a handicapped person through alternative methods, if they can be achieved without much difficulty or… Read More

Background music is not part of the normal overall experience at a bar, so the bar need not provide hearing-impaired patrons with listening aids in order to comply with the Americans with Disabilities Act or its California law counterpart. Read More

Although she taught a standard half-hour religion course each day, a fifth-grade teacher at a Catholic school was not a “minister” and so could sue the school for violating the Americans with Disabilities Act by firing her after it learned she was diagnosed with cancer. Read More

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