In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States...
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§35.175 Attorney's fees
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Sec.36.505 Attorneys fees
In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States...
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Sections 35.108(d)(1)(iv) and 36.105(d)(1)(iv)—Impairments That Are Episodic or in Remission
These provisions are intended to reject the reasoning of court decisions concluding that certain individuals with certain conditions—such as epilepsy or post traumatic stress disorder—were...
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ADA Title II: State and Local Government Activities
disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts...
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H.
The United States' interpretation of ADA Standard 4.33.3 was issued in an amicus brief in July 1998 and federal circuit courts and district courts across the country have differed about...
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C. Additional Resources
Specialty courts - Bureau of Justice Assistance and SAMHSA’s Behavioral Health Treatment Court Collaboratives....
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SEC. 505. ATTORNEYS FEES. 42 USC 12205
In any action or administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable...
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KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No: C 07-3685 SBA 11-26-2014 IVANA KIROLA, et al., Plaintiffs, v. ...
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§35.178 State immunity (Section-by-Section Analysis)
35.178 restates the provision of section 502 of the Act that a State is not immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court...
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I. BACKGROUND AND JURISDICTION
with the United States Attorney’s Office for the Eastern District of Michigan, a component of the United States Department of Justice (“United States”), alleging that Joe Louis Arena, a sports...
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Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments' Employment Service Systems for Individuals with Disabilities
disabilities spend the majority of their daytime hours receiving employment and day services in segregated sheltered workshops and segregated day settings (including day treatment programs or facility-based...
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Release
City of Los Angeles in the District Court and any pending appeals in the Willits case....
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I. JURISDICTION AND VENUE
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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Addendum E: Comparison of participants tested at the National Disabled Veterans Winter Sports Clinic (NDVWSC) compared to the participants tested at the Human Engineering Research Laboratories and Hiram G. Andrews Center
At the time this addendum was composed, there were 31 participants enrolled in the phase 2 study at HERL (27 men and 4 women). This group of subjects was compared to all the...
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PART 36—NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES
[See subsections ...]
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213, 603, 604, and 608 Toilet and Bathing Facilities, Rooms, and Compartments
[See subsections ...]
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Basic Components for Accessible and Usable Public and Common Use Areas or Facilities
[See subsections ...]
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Special Technical Provisions for Alterations to Existing Buildings and Facilities [4.1.6(3)]
Section 4.1.6(3) recognizes certain allowances where technical feasibility is encountered, such as steeper slopes for short ramps. Special provisions also address stairs, elevators,...
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Toilet Rooms, Bathrooms, Bathing Facilities, and Shower Rooms [4.22 & 4.23]
[See subsections ...]
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Are accessible spaces required for tractor trailers at rest stops and other facilities?
No, the Standards exempt those spaces used exclusively for trucks, as well as buses, other delivery vehicles, law enforcement vehicles, or vehicular impound.
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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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National Association of the Deaf, Western Massachusetts Association of the Deaf and Hearing Impaired, and Lee Nettles, Plaintiffs v. NETFLIX, INC., Defendant - Statement of Interest
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS SPRINGFIELD DIVISION _________________________________________ NATIONAL ASSOCIATION OF THE DEAF, WESTERN MASSACHUSETTS...