Re-Broadcast: A Celebration of the 25th Anniversary
of the Americans with Disabilities Act
The U.S. Department of Justice, Equal Employment Opportunity Commission, and Access Board ADA Anniversary Event
Project Civic Access Agreement
Working like a dog – qualifying as a service animal for ADA purposes
Lexology
The United States Department of Justice recently released technical guidelines aimed at cur”tail”ing proliferating efforts purporting to expand the meaning of “service animal” under the Americans With Disabilities Act (“ADA”). Under the ADA, public accommodations (e.g. restaurants, hotels, retail establishments, theaters, and concert halls) must permit the use of service animals by disabled individuals. These technical guidelines take aim at increasing claims that a variety of animals (e.g. a pig) are service animals because they provide emotional support or comfort to the disabled individual. As this technical guideline makes clear, a service animal must not only be a dog, but it must be working like one as well.
Bill to Require Employee Training on Service or 'Guide' Dogs
Cape May County Herald (press release
Assembly Democrats Cleopatra Tucker, Bob Andrzejczak and Adam Taliaferro have introduced legislation meant to educate employees about the state disability law concerning patrons who travel with service or “guide” dogs and how to properly help them.
The sponsors said the intention of the bill is to prevent incidents occurring across the state in which individuals with disabilities were not allowed to have service animals accompany them in a store and other public places.
Brevard woman with Tourette's sues Walmart over ban
Florida Today
A Palm Bay woman with Tourette's syndrome and her husband have sued Walmart seeking more than $2.2 million in damages, claiming she was barred from the Malabar Road store in violation of the Americans with Disabilities Act.
Disability Options protests lawyer's office accessibility
New Castle News
The owner of a building housing a lawyer's office said he is installing a ramp for better wheelchair access.
Disability 'tester' blames hotel for non-accessible pool
The Louisiana Record
A disabled individual is suing an Orleans Parish hotel alleging failure to comply with the Americans with Disabilities Act following a 2015 self-appointed inspection of the company’s swimming pool facilities.
Disabled Advocates Rip Uber Over Lack of Accessibility
Observer
More than a dozen wheelchair and seeing-eye-dog users rallied in the steamy weather today outside e-hail app Uber‘s Manhattan offices, complaining that the company’s drivers do not have cars that can accommodate disabled passengers—and accusing the tech firm of discrimination.
Obama signs act that gives voice back to disabled
Yahoo News
A new act, signed by the president, reverses changes made last year to Medicare that limited access to speech devices. But an activist says there's more work to be done, 25 years after the ADA was signed into law.
Lawsuit Says Bronx Health Center Turns Away Patients With Physical Disabilities
New York Times
A Bronx health center that serves many poor and minority patients was accused this week of discriminating against another group that often faces barriers to medical care: those with physical disabilities.
Morgantown Developer, Feds Settle Housing Lawsuit
The News Center
A Morgantown developer and the U.S. Department of Justice have settled a lawsuit that alleged accessibility violations at 23 rental properties.
Under the settlement, Biafora's Inc., doing business as Metro Property Management, will build a new 100-unit apartment complex and retrofit existing properties to bring them into compliance.
Media outlets reports that Metro Property also must pay a $25,000 civil penalty and another $180,000 to to establish a fund to compensate anyone who may have suffered as a result of the alleged violations.
The Department of Justice filed the lawsuit in September 2014. The lawsuit said Metro Property and related companies violated the Fair Housing Act and the Americans With Disabilities Act.
Petal settles lawsuit over effort to shut down group home
Beaumont Enterprise
Facing a lawsuit from the U.S. Justice Department, the city of Petal is giving up efforts to evict three mentally disabled men from a home.
Employers have obligations when notified of disability
azcentral.com
I gave an employee a negative evaluation that included placing the employee on probation for 60 days. The employee then told me about a disability/medical condition that could be responsible for the subpar performance. From a legal standpoint, should I rescind the negative review and probation? Or, since I was not aware of this disability, am I justified in letting them stand?