Federal suit claims Springfield schools violate Disabilities Act
The Boston Globe
A federal lawsuit alleges that Springfield Public Schools violates the Americans with Disabilities Act by placing more than 200 students with emotional disabilities in schools that provide sub-par education and that worsen their mental health.
Cases filed by disabled man dismissed in District Court
The Guam Daily Post
Clifford “Ray” Hackett filed a total of seven lawsuits in the District Court of Guam. Each of the cases has been dismissed by Chief Judge Frances Tydingco-Gatewood.
On Jan. 15, Hackett filed a complaint against Pacific Micronesia Tours.
On Jan. 8, Hackett filed a case against the Red Guahan Bus, also known as the Red Guahan Shuttle or Trolley which is operated by Pacific Micronesia Tours JTB Group. Hackett claims the vehicles are not compliant with the provisions of the Americans with Disabilities Act.
Hackett filed five additional suits for the same reason, citing noncompliance with ADA. The defendants include Guam Sanko Transportation Inc., Japan Bus Lines LLC, Guam Regional Transit Authority, California Pizza Kitchen and Agana Shopping Center.
In each complaint, Hackett filed a request for fees to be waived on account of his income which he described as far below poverty level.
Accommodating the handicapped is not only the law but also the right thing to do
Los Angeles Times
QUESTION: I’m a dedicated long-term board director with industry certificates thanking me for outstanding membership in the community. As president I pride myself on being fair, but the board is receiving too many accommodation demands by people claiming to be disabled. People are using their “disabled” status to gain advantages that don’t relate to their handicaps.
New State Legislation Seeks to Curb “Drive By” Lawsuits and Service Animal Fraud
Lexology
Despite the noble purpose for Title III of the ADA, businesses have long been frustrated by the ease in which Title III and its state and local equivalents can be exploited by serial plaintiffs/attorneys looking to make money instead of enforce the law. Similar feelings arise from the inability of businesses to combat fraud tied to accessibility. In an effort to address these concerns, recent developments at the state law level are ushering in a welcome change in the way certain accessibility issues are addressed. California is strengthening its existing limitations on the ability of a plaintiff to file a “drive by” litigation alleging inaccessible structural elements under state law. Colorado may soon adopt criminal penalties for individuals found to have fraudulently misrepresented an animal as a service dog. While both of these measures are relatively modest in scope, they reflect a positive trend in legislation to try and limit accessibility litigations to legitimate claims. Businesses can only hope these initiatives (and ones with even greater scope) gain traction in other states across the country and, ultimately, at the federal level.