This matter is before the Court for entry of a consent decree agreed to by Plaintiff United States of America (“United States”) and Defendant Humboldt County, California (“County”)...
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A. INTRODUCTION
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RECITALS
office buildings in California; Whereas, Plaintiffs, who are persons with disabilities, brought an action, on behalf of themselves and the general public, against Kaiser, in the Superior Court...
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Sections 35.108(c) and 36.105(c)—Major Life Activities
These expanded lists of examples of major life activities reflect Congress’s directive to expand the meaning of the term ‘‘major’’ in response to court decisions that interpreted the term...
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Sections 35.108(d)(1)(iii) and 36.105(d)(1)(iii)—Impairment Need Not Substantially Limit More Than One Major Life Activity
This language reflected the statutory intent to reject court decisions that had required individuals to show that an impairment substantially limits more than one major life activity....
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A. INTRODUCTION
This matter is before the Court for entry of a consent decree agreed to by Plaintiff United States of America (“United States”) and Defendant Humboldt County, California (“County”), collectively...
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18. Inspections
However, monitoring fees and costs that may be paid to Class Counsel shall be capped each year and shall not exceed the following amounts, exclusive of any disputes resolved by the District Court...
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V. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
Further, 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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VI. ENFORCEMENT
the United States is unable to reach a satisfactory resolution of the issues raised within sixty (60) days of the date it notifies Atlantis, it may institute a civil action in federal court...
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Program requirements. (Section-by-Section Analysis)
In a unanimous decision, the Supreme Court, in Pennsylvania Department of Corrections v....
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Section 37.11 Administrative Enforcement
The DOJ can take violators to court. These approaches are not mutually exclusive with the administrative enforcement mechanisms described in this section....
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2. The Class Notices Are Defective and Will Reach Only A Minuscule Portion of Class Members
For class actions seeking to compromise claims for injunctive or declaratory relief, federal courts have generally upheld published notices so long as the notices adequately inform interested...
- American Dryer, Inc eXtremeAir eXt Hand Dryer
- American Dryer, Inc eXtremeAir® gXt Hand Dryer
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Streetlights Reflected in the Wet Pavement
Another complained that digital advertising now appears inside nearly everything, whether someone is reading film criticism, listening to sports commentary, or searching online for a new...
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Section 36.302(f) Ticketing (Section-by-Section Analysis)
Because this rule addresses ticketing policies and practices for stadiums, arenas, theaters, and other facilities in which entertainment and sporting events are held, its provisions are...
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Overview
The President's Council on Physical Fitness and Sports Research Digest reported that physical activity is 4.5 times lower for children and youth with disabilities than their peers without...
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4.3.3 Clear Floor Area
spaces used by wheeled mobility users (e.g. platform/wheelchair lifts) and for spaces/locations that are designated for wheeled mobility users such as in seating areas of movie theatres and sports...
- Association for Higher Education and Disability (AHEAD)
- mobileWOMEN.org
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14. Child welfare agencies have an obligation to ensure the health and safety of children. How can agencies comply with the ADA and Section 504 while also ensuring health and safety?
or by the provision of auxiliary aids or services.89 In determining whether an individual poses a direct threat to the health or safety of a child or others, child welfare agencies and courts...
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10.2 Overview of Enforcement Provisions
for violations of Title I of the ADA include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert witness fees, and court...
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8. Providing Qualified Readers
For example: A court has held under the Rehabilitation Act that it was not an undue hardship for a large state agency to provide full-time readers for three blind employees, in view of its...
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IV. CONCLUSION
CONCLUSION Because the Agreements proposed by the Parties are procedurally defective, the United States Objects to their approval and urges the Court to deny entry of these Agreements...