This Court has jurisdiction over this action pursuant to 42 U.S.C. § 12188(b)(1)(B) and 42 U.S.C. §§ 1331 and 1345. 8....
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I. JURISDICTION AND VENUE
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2. State and Local Laws
For example: A state law that required a school bus driver to have a high level of hearing in both ears without use of a hearing aid was found by a court to violate Section 504 of the Rehabilitation...
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BURDENS OF PROOF
Ct. 1516 (2002), the Supreme Court laid out the burdens of proof for an individual with a disability (plaintiff) and an employer (defendant) in an ADA lawsuit alleging failure to provide...
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A. Responsibilities in Cooperative Vocational Education Programs, Work-Study Programs, and Job Placement Programs
In the event an employer or prospective employer is or has been subject to court action involving discrimination in employment, school officials should rely on the court's findings if the...
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STATE IMMUNITY {35.178}
STATE IMMUNITY {35.178} “A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction...
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Finding CART Providers
Information about CART, including information about equipment for consumers and providers, and/or provider listings or referrals: National Court Reporters Association (NCRA)...
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ARGUMENT
ARGUMENT What was true when this Court granted Plaintiffs’ Motion for Partial Summary Judgment – that Defendants’ stores with raised porches only accessed by steps violate the ADA – remains...
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Sec. 12202. State immunity. [Section 502]
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this...
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Q30. What happens if a person thinks a covered entity's staff has discriminated against him or her?
Individuals also have the right to file a private lawsuit in Federal court charging the entity with discrimination under the ADA....
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§ 35.178 State immunity.
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this...
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Subpart E—Enforcement (Section-By-Section Analysis and Response to Comments)
In addition, a court may award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved, when requested by the Attorney General....
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a) "Neighborhood" Access Theory
The Court therefore gives little weight to Margen's opinion. 199....
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C. ARTICLE III STANDING
The Court agrees that Kirola has failed to carry her burden of establishing standing by a preponderance of evidence with respect to the challenged programs, services and activities....
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j) Safety Hazards Policy
The Court is likewise unpersuaded by Kirola's testimony regarding her one-time experience in which her wheelchair was caught in an exposed tree well....
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National Federation of the Blind and USA v. HRB Digital LLC and HRB Tax Group, Inc. - Consent Decree
Press Release UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS BOSTON DIVISION NATIONAL FEDERATION OF THE BLIND, on behalf its members and itself; and...
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A. Whether Sidewalks Are a Service Program, or Activity Covered by Title II of the ADA and Section 564 of the Rehabilitation Act
The Court held, however that under Title III of the ADA, which unlike Title II is explicitly premised on ownership, leasing, or operation of a public accommodation, the owner or lessor of...
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THE UNITED STATES OF AMERICA’S STATEMENT OF INTEREST ON THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT
In finding an ADA violation, this Court concluded that the raised porches at Defendants’ stores failed to comply with the requirements for accessible public entrances set forth in § 4.1.3...
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Programs, Services, and Activities
Police, fire, corrections, and courts are services offered by public entities. Administrative duties such as tax assessment or tax collection are services....
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§35.178 State immunity
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this...
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Section 1630.2(j)(1) Rules of Construction
Section 1630.2(j)(1) Rules of Construction It is clear in the text and legislative history of the ADAAA that Congress concluded the courts had incorrectly construed “substantially limits...
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Two: Does the impairment limit any major life activities?
walking, seeing, hearing, breathing, caring for oneself, sitting, standing, lifting, learning, thinking, working,13 and performing manual tasks that are central to daily life.14 The Supreme Court...
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4. Enforcement and Remedies
state or local government may either file – (1) an administrative complaint with the Department of Justice or another appropriate federal agency; or (2) a lawsuit in federal district court...
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WILLITS, et al v. CITY OF LOS ANGELES - Order Granting Plaintiff's Motion for Partial Summary Judgment
United States District Court, C.D. California. • 925 F.Supp.2d 1089 (C.D....
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H. - Applicability
Beginning June 21, 2001, persons with disabilities could file administrative complaints or bring civil actions in Federal court against agencies that fail to comply with the requirements...