ADA

ADA Checklist for Readily Achievable Barrier Removal Now Available

Under the ADA, businesses and non-profit organizations need to make their older facilities accessible when it is "readily achievable to do so." This checklist follows the four priorities in the Department of Justice's regulations: 1. Approach and Entrance, 2. Goods and Services, 3. Public Toilet Rooms, 4. Other Accessibility. The checklist is based on the 2010 ADA Standards for Accessible Design.

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ADA

NH denies ADA being violated (Nashua Telegraph)
State officials are pushing back against the threat of federal litigation over what U.S. Department of Justice Department has called a failing state mental health system. In a letter to the U.S. Justice Department, state Attorney General Michael Delaney and Health and Human Services Commissioner Nicholas Toumpas rejected a federal study that accused the state of violating the Americans with Disabilities Act by relying too heavily on costly institutional care as opposed to less expensive community-based settings.

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ADA

City of LA to review emergency plan for disabled

(Sacramento Bee Los Angeles)

Los Angeles will have to hire an independent expert to review and revise the city's emergency plan to make sure it accounts for the safety of disabled people, a judge said in an order issued Wednesday. Judge Consuelo B. Marshall is giving the city three years to revise all components of the city's emergency plans in the order. At the end of the three years, the independent experts must submit a report detailing the ways they've improved safety for the disabled.

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ADA

Ninth Circuit Issues Yet Another Opinion Imposing More Stringent Pleading Requirements In ADA Title III Lawsuits

(SeyfarthShaw)

On August 17, 2011, the Ninth Circuit held, in Oliver v. Ralphs Grocery Company, et al., that plaintiffs in disability access lawsuits under Title III of the Americans with Disabilities Act ("ADA") must allege in their complaint all of the architectural barriers which form the basis for the ADA claim. A plaintiff cannot rely on an expert's report created later in discovery identifying such barriers, but must specifically plead each and every barrier in the complaint so as to afford the defendant fair notice and an opportunity to respond.

Oliver marks yet another decision from the Ninth Circuit imposing more stringent pleading requirements on plaintiffs in disability access lawsuits. The Ninth Circuit...

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U.S. Department of Education Office for Civil Rights Issues FAQ To Address Technology And Accessibility (Fair Use Lab)
On May 26, 2011, the Department of Education's Office for Civil Rights (OCR) issued an online FAQ document discussing how OCR believes the "equal access" requirements of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1964 (Section 504) apply to the use of emerging technology such as electronic book readers, online application processes, and websites in higher education. The FAQ offers valuable insight into the enforcement priorities of OCR and the Department of Justice (DOJ) in this area of disability law and may be helpful to institutions grappling with the challenges of technological accessibility.

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U.S. Department of Education Office for Civil Rights Issues FAQ To Address Technology And Accessibility (Fair Use Lab)
On May 26, 2011, the Department of Education's Office for Civil Rights (OCR) issued an online FAQ document discussing how OCR believes the "equal access" requirements of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1964 (Section 504) apply to the use of emerging technology such as electronic book readers, online application processes, and websites in higher education. The FAQ offers valuable insight into the enforcement priorities of OCR and the Department of Justice (DOJ) in this area of disability law and may be helpful to institutions grappling with the challenges of technological accessibility.

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ADA

Museum boosts access to exhibits

(ABC Local)

The Americans with Disabilities Act requires nonprofit entities -- including the arts, education, recreation and human services -- to be accessible for people with disabilities. Keeping thiis commitment is essential, and the Chicago Community Trust helps with a guide called "Renewing the Commitment." Even thought the ADA was implemented 20 years ago, there's still work to be done. The Museum of Science and Industry is one example of a nonprofit facility that has found creative solutions for extraordinary exhibits

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ADA

Federal report blasts NH's mental health system

(Boston Globe)

A new report from the federal government confirms what New Hampshire officials have acknowledged for years: The state's mental health system is broken, failing and in crisis. The U.S. Department of Justice's civil rights division recently investigated the state for possible violations of the Americans with Disabilities Act. It concluded that the state is violating the federal law by failing to provide adequate community-based services to people with mental illness, leading to needless and prolonged stays at New Hampshire Hospital, the state mental hospital, and Glencliff Home, its nursing home for those with serious mental illness or developmental disabilities.

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ADA

Legislation would require ADA plaintiffs to give employers an opportunity to remedy alleged violation before filing suit

- complete article (CCH Netnews)

A bill that would require ADA plaintiffs to give an employer the opportunity to remedy alleged ADA violations before filing a lawsuit continues to move quickly through the House of Representatives. The ADA Notification Act of 2011 (HR 881) would deprive federal and state courts of the jurisdiction to hear ADA complaints unless the plaintiff first provided the employer with a written notice of the alleged violation. The notice would have to contain facts

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ADA

ACLU lawsuit claims Alabama discriminates against HIV-positive inmates

(Blog)

Lawsuit says Alabama's practice of segregating HIV infected inmates prevents them from participating in rehabilitation and other prison programs The American Civil Liberties Union today filed a federal lawsuit on behalf of 10 HIV-positive Alabama inmates, claiming state’s policy on HIV-positive inmates discriminates against them by separating them from other inmates and excludes them from some programs.

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ADA

Justice Department Issues Letter Regarding Illegal Exclusion of Individuals with HIV/AIDS from Occupational Training and State Licensing

The Justice Department has issued letters to the attorneys general of all 50 states, as well as U.S. territories to request their assistance in addressing the illegal exclusion of individuals with HIV/AIDS from occupational training and state licensing. Persons with HIV and persons with AIDS are covered by the Americans with Disabilities Act (ADA), which gives federal civil rights protections to persons with disabilities in public accommodations, employment, and state and local government services.

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ADA Update: A Primer for Small Business (Department of Justice)
An illustrated guide to help small businesses understand the new and updated requirements of the revised ADA regulations.

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Important changes to the ADA Title II and Title III regulations are in effect starting March 15. Title II applies to state and local governments. ...

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  Please circulate so everyone will have a chance to participate in the process. Washington, D.C. – As part of its ongoing efforts to imp...

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