Justice Blog Post: Twenty Six Years of the Americans with Disabilities Act: The Lives, Faces and Stories Behind the ADA
Twenty six years ago today, when President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law, he called it “powerful in its simplicity” and explained, “It will ensure that people with disabilities are given the basic guarantees for which they have worked so long and so hard: independence, freedom of choice, control of their lives, the opportunity to blend fully and equally into the rich mosaic of the American mainstream.”
For more than two decades, the Department of Justice has worked tirelessly to enforce the ADA, ensuring that people with disabilities can live their lives with the autonomy, opportunity and dignity they deserve. Around the country, through litigation, technical assistance, guidance and regulatory work, we protect the rights of people with disabilities to vote, live, work and learn in their own communities, free from discrimination.
ADA Title III Lawsuits Up 63% From 2015
Lexology
In honor of the 26th anniversary of the ADA, we are sharing our mid-year count of ADA Title III lawsuits for 2016 and it’s newsworthy: The number of lawsuits filed in federal court is already at 3,435, up 63% from last year’s mid-year number of 2,114. If the pace continues, the 2016 total may top 7,000. To put the numbers into perspective, more lawsuits were filed in the past six months than were filed in all of 2013 when there were a mere 2,722 lawsuits. The three states with most lawsuits continue to be California, Florida, and New York, but there is a shake-up in the fourth position. Arizona, with 230 lawsuits, has beaten out Texas. Based on our own practice, most lawsuits continue to be about physical access barriers but there has been a steady increase in lawsuits about websites that are allegedly not accessible to individuals with disabilities. We will be provide more analysis at the end of 2016, which promises to be another record-breaking year.
How to Save Taxes and Avoid ADA Lawsuits
Lexology
In several states across the country, including Arizona, plaintiffs’ lawyers are bringing lawsuits against businesses for alleged violations of the Americans with Disabilities Act (the “ADA”). Businesses can easily avoid the headache and expense of such a lawsuit by ensuring that their facilities comply with the ADA before a lawsuit is filed. The federal government encourages voluntary compliance by providing financial assistance to small businesses that make required changes to older facilities.
Uber, ADA Accessibility and Jackson
Jackson Free Press
Mississippi's Uber law states that companies "shall adopt a policy of non-discrimination with respect to riders and potential riders and notify transportation network company drivers of policy."
Is a Modified Schedule a Reasonable Accommodation?
ADDitude
"We'd like my son's 504 Plan to include a stipulation that his most difficult core classes be scheduled for the morning, when he's most alert. The high school is dragging its feet, and his grades are suffering. Is this a reasonable accommodation?"
If you are not satisfied that the school is following the 504 Plan, the first step would be to write a letter to the Section 504 Coordinator in your school district. This is often enough for the school to stop “dragging their feet” and implement the accommodations in the 504 Plan. If you aren’t satisfied with the results after talking to the coordinator, you can file a complaint with the Office of Civil Rights.
As to whether this is a reasonable accommodation, that would depend on whether the classes are offered in the morning and, should your son take them in the morning, will he still be able to take all the classes he needs to graduate? Is there another required class that is offered only in the morning? That said, there should be ways to coordinate this. More high schools are offering online classes or through a virtual school environment. This way he could take classes based on his alertness, and then have the rest of the day to take other required classes. I think the question to the school would be, “Why is this so much trouble?” If you ask that, you might find out exactly what is causing the problem and, hopefully, how to work with the school to find a solution.