If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect....
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IMPLEMENTATION AND ENFORCEMENT
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OTHER PROVISIONS
If the United States believes that the ADA, this Agreement, or any portion of it has been violated, it may institute a civil action in an appropriate United States District Court to enforce...
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OTHER PROVISIONS
District Court to enforce this Agreement and/or title III of the ADA. 29....
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Test C (Section-by-Section Analysis)
The rationale for this third test, as used in the Rehabilitation Act of 1973, was articulated by the Supreme Court in Arline, 480 U.S. 273 (1987)....
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Introduction
disabilities (including those with communication needs), the Title II regulations have a specific effective communication requirement for individuals with disabilities.6 As a recent Federal court...
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II-9.2000 Complaints
Exhaustion of a public entity's grievance procedure is not a prerequisite to filing a complaint with either a Federal agency or a court....
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IT IS SO ORDERED
NUGENT United States District Court Northern District of Ohio...
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1. Face-to-Face Communications
Examples of instances where more advanced aids and services are necessary include meetings, hearings, interviews, medical appointments, training and counseling sessions, and court proceedings...
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2.4
Part 36, including Appendix A, the Standards for Accessible Design), by act of Congress, or by decision of the United States Supreme Court, Cinemark shall thereafter construct any new theaters...
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1. LEGAL ISSUES
, may result in violations of the California Building Code and, possibly, litigation against local building officials and/or property owners." 1 Separately, a United States District Court...
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EXHIBIT C Certification of ADA Compliance
capacity as a Licensed Architect or Construction/Project Manager acting on behalf of QuikTrip Corporation pursuant to a certain Consent Decree executed by the parties and entered by the Court...
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9. Remedial action
Should a recipient fail to take required remedial action, the ultimate sanctions of court action or termination of Federal financial assistance may be imposed....
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I. Who is Covered by Title II of the ADA
All activities, services, and programs of public entities are covered, including activities of State legislatures and courts, town meetings, police and fire departments, motor vehicle licensing...
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III−1.6000 Private clubs
Courts have been most inclined to find private club status in cases where -- 1) Members exercise a high degree of control over club operations. 2) The membership selection process...
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1. Injury in Fact
Starting first with the City's system of sidewalks and pedestrian walkways, the Court finds that Kirola has failed to show that it is inaccessible and unusable in its entirety....
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B. The 2010 Standards Regarding Public Entrances Are Intended To Achieve the Same Result As the 1991 Standards Regarding Public Entrances
As the Court previously held, Defendants’ entrances on raised porches violate the provision of the 1991 Standards governing accessible public entrances. ...
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California Department of Fair Employment and Housing
discrimination complaints and cases of systemic discrimination Facilitate mediation and resolution of disputes involving civil rights Enforce the laws by prosecuting violations in civil court...
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a) Public Right-of-Way
Based on the record presented at trial, the Court finds that Plaintiff has failed to establish a lack of program access with regard to the City's public right-of-way, i.e., its system of...
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Title II of the ADA
such entity.12 Title II of the ADA applies to the services, programs, and activities of all state and local governments throughout the United States, including child welfare agencies and court...
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Section 504 of the Rehabilitation Act
discrimination by such entity.14 Federal financial assistance includes grants, loans, and reimbursements from Federal agencies, including assistance provided to child welfare agencies and the courts...
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206.2.4 Spaces and Elements
The exception does not apply to areas that are likely to be used by members of the public who are not employees of the court such as jury areas, attorney areas, or witness stands....
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3. The Release Provisions are Overbroad
rules, or regulations, if applicable] concerning any of the Settling Defendant’s Facility (ies) that have been or could have been brought or asserted in this action, in any action in any court...
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4. Federal Appellate Case Law Addressing Captioning and Audio Description
In April 2010, the first and only Federal appellate court to squarely address the question of whether captioning and audio description are required in movie theaters under the ADA determined...
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34. Does an employer have to allow an employee with a disability to work at home as a reasonable accommodation?
Courts have differed regarding whether "work-at-home" can be a reasonable accommodation. Compare Langon v. Department of Health and Human Servs., 959 F.2d 1053, 1060, 2 AD Cas....
