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...
Search Results "Court"
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III−1.6000 Private clubs
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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. ...
- California Department of Fair Employment and Housing
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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....
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Integration
The Supreme Court's decision in Olmstead v. L.C., illustrates the broad reach of the integration mandate....
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III. IMPLEMENTATION AND ENFORCEMENT
unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to Lewisboro, it may institute a civil action in federal district court...
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Substantially Limited in Working
In keeping with the findings and purposes of the Amendments Act, the determination of coverage under the law should not require extensive and elaborate assessment, and the EEOC and the courts...
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Section 36.208 Direct Threat (Preamble, Section-by-Section Analysis)
This paragraph codifies the standard first applied by the Supreme Court in School Board of Nassau County v....
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B. Defendant is Covered Under Title III Because it Owns and Operates its Watch Instantly Service; Other Control Arguments Are Not Supported or Are Inappropriate for Judgment on the Pleadings
P. 12(c), the court must accept the non-movant’s well-pleaded facts as true and draw all reasonable inferences in its favor....
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United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. CINEMARK USA, INC., Defendant. ...
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Section 504
It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court....
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10.5 Remedies
Remedies also may include payment of attorneys' fees, expert witness fees and court costs....
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TITLE III COVERAGE
The United States is authorized to investigate alleged violations of title III of the ADA and to bring a civil action in federal court in any case that involves a pattern or practice of...
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V. CONCLUSION
CONCLUSION The Court is sensitive to the plight of mobility-impaired and other disabled individuals....
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4.1.4(4) ASSEMBLY
Drive-in theaters Exhibition halls Fairs Funeral parlors Grandstands Gymnasiums Motion picture theaters Indoor & outdoor swimming pools Indoor & outdoor tennis courts...
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Sections 35.108(d)(1)(vi) and 36.105(d)(1)(vi)—‘‘Substantially Limits’’ Shall Be Interpreted To Require a Lesser Degree of Functional Limitation Than That Required Prior to the ADA Amendments Act
These rules of construction reflect Congress’s concern that prior to the adoption of the ADA Amendments Act, courts were using too high a standard to determine whether an impairment substantially...
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§1607.1 Statement of purpose.
These guidelines have been built upon court decisions, the previously issued guidelines of the agencies, and the practical experience of the agencies, as well as the standards of the psychological...