Deaf MMA fighter champions disabled rights
Rome Sentinel
The Madison Cortland Arc hosted a presentation and a parade Thursday morning at the Kallet Civic Center that celebrated the 27th anniversary of the Americans with Disabilities Act (ADA).
Are condo associations required to allocate handicap parking?
TCPalm
Q: Our condominium association’s board of directors is wondering if our condominium association is required to allocate parking spaces for “handicap” persons. What does the condominium rules require relating to a condominium association’s duty to provide handicap parking spaces?
Former Walmart employee alleges discrimination because of epilepsy
Southeast Texas Record
A San Antonio woman claims that she was terminated from her job because of her disability.
Megan Campbell filed a complaint on June 16 in the Houston Division of the Southern District of Texas against Wal-Mart Stores East LP alleging that the retail store failed to uphold the Americans with Disabilities Act regulations.
According to the complaint, the plaintiff suffers from epilepsy and had two grand mal seizures while working for the defendant in October 2015 and December 2015 and a petit mal seizure. She was terminated in March 2016, the suit states.
The plaintiff holds Wal-Mart Stores East LP responsible because the defendant allegedly failed to accommodate plaintiff's disability and retaliated against her after engaging in protected activities.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, interest, attorneys’ fees, costs of court and such other and further relief. She is represented by Alfonso Kennard Jr. of Kennard Richard PC in Houston.
Houston Division of the Southern District of Texas case number 4:17-cv-01843
United States: Minnesota Tightens Restrictions On "Drive-By" Disability Access Lawsuits
Mondaq News Alerts
On May 23, 2017, Minnesota Governor Mark Dayton signed into law amendments to the Minnesota Human Rights Act (MHRA) that are intended to curb the flood of "drive-by" disability access lawsuits in the state.
The law now requires plaintiffs to deliver written notice of alleged accessibility violations and give a business owner 60 days to fix the problem, before filing suit against that business. If weather conditions prevent a business from removing an architectural barrier during the 60-day window, the business may obtain a 30-day extension by affirming, in writing, its plans to remove the barrier. If the plaintiff still files suit, the business may cite its resolution of the problem within the cure period as an affirmative defense to the lawsuit.
This legislation does not apply to claims filed by plaintiffs without lawyers or to lawsuits filed before the amendments became law on May 24, 2017. Moreover, because Title III of the federal Americans with Disabilities Act (ADA) does not require notice, the new state law will not impact plaintiffs' ADA claims. Unlike the MHRA, ADA accessibility claims do not permit plaintiffs to recover monetary damages; they only allow for injunctive relief and the recovery of attorneys' fees.
Carolina Public Press
Lawmakers created the adult care home system in North Carolina largely as a reaction to a national movement to move those with mental illness out of institutions during the 1970s and 1980s.
But the nature of their solution has run afoul of the U.S. Department of Justice, which is currently in protracted litigation with the state over housing for mentally ill adults.
Thinking out loud about medical marijuana and reasonable accommodation
Lexology
Ellen Kearns’ discussion of last week’s decision in Barbuto v. Advantage Sales and Marketing, in which the Massachusetts Supreme Judicial Court ruled that employers may have to accommodate employees who use medical marijuana, got me thinking about whether we need to revisit some of our assumptions about marijuana in the workplace.
JD Supra
As written in this space (and elsewhere) all too frequently, professional apartment owners and managers have seen a significant surge in the number of reasonable accommodation requests by residents with animals. Some of these requests are legitimate and we are happy to approve them. An increasing percentage of these requests, however, appear to be questionable at best and reflect an effort to avoid otherwise legitimate pet rent/fees. As a part of the review and evaluation process, here are some definitions that, I hope, will help leasing offices as we engage in the interactive process with our residents/applicants:
A ”service animal” is defined under the Americans with Disabilities Act (ADA) as a dog that is specifically trained to performs tasks for its owner with a disability. Think of a dog that assists someone with a vision disability cross the street. For the most part, the ADA does not apply to residential apartment communities. The exception is that the ADA does apply to the leasing office for the property.
An “assistance animal” is defined under the Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act of 1973 as an animal that works, provides assistance or emotional support that alleviates one of more symptoms of a person’s disability. An “assistance animal” does not require any training. Think of a dog that soothes or comforts an individual with Post Traumatic Stress Disorder. Also, while dogs are the most common assistance animal, the law recognizes that many other types of animals can qualify – such as cats, ponies, ferrets, and/or even snakes. This list is not exhaustive and I am not making this up.
An ”emotional support animal” is a subset of assistance animals. These animals also provide emotional support to individuals with disabilities. Emotional support animals provide companionship, relieve loneliness, as well as can help with depression and anxiety. Unlike a “service animal,” an “emotional support animal” does not require any special training.
A “companion animal” is another way to describe an “emotional support animal.” The terms “companion animals” and “emotional support animals” are used interchangeably.
Accordingly, if you see what purports to be a medical verification for a “service animal” to help with anxiety or depression (or a letter that references the ADA for a companion animal), you might want to take a closer look to determine if indeed the verification is legitimate.
Also, remember that if an animal is approved as either a service animal or as an emotional support animal, that animal is permitted to accompany the resident anywhere within the community (except, for example, in the swimming pool or in the hot tub).