June 3, 2020

Since flu vaccinations have become readily available at the corner drug store, I've seen an increase in claims that shoulder pain has lingered long after the flu shot was administered.  There is, in fact, a class of claims filed in the National Vaccine Injury Compensation Program ("NVICP") for such injuries, called SIRVA claims (which stands for "Shoulder Injury Related to Vaccine Administration").  Such vaccinations, if given too high in the shoulder, or too deep in the shoulder, can lead to a...

March 19, 2019

Title III of the ADA speaks to requirements for both "commercial facilities" and "public accommodations."  The "new construction" and "alterations" standards apply equally to both.  But the "readily achievable" standard only applies to "public accommodations."  "Commercial facilities" are privately owned, non residential facilities that affect commerce, such as factories or warehouses or even some office buildings, that are not subject to the "readily achievable" standard, because they do not fa...

March 13, 2019

The 2010 amendments to the Americans with Disabilities Act specifically revised the process and obligations for a place of lodging to reserve accessible guest accommodations for individuals with disabilities, as follows:

(1) Reservations made by places of lodging. A public accommodation that owns, leases (or leases to), or operates a place of lodging shall, with respect to reservations made by any means, including by telephone, in-person, or through a third party -

(i) Modify its policies, pr...

July 29, 2016

Currently there are no rules or regulations from the Department of Justice (DOJ) to give guidance to public accommodations or public entities as to what is required for a website to be considered accessible.  In fact, DOJ is still accepting comments through August 8, 2016 in connection with proposed rulemaking in this regard that is not anticipated until 2018.  Does this mean that businesses get a pass until then?  Not necessarily.  There has already been some landmark litigation in this arena a...

March 18, 2016

I've been frequently asked about elevators recently.  Not every new construction multi-story building is actually required to have an elevator by the ADA.  There are certain exemptions for elevators.  The regulation explaining where the ADA does NOT require elevators in new construction is located at 28 C.F.R. 36.401(d) (and is commonly referred to as the "elevator exemption").  In short an elevator is NOT required:

In a facility with less than three stories or which has les...

January 11, 2016

 

The Americans with Disabilities Act, a law now more than a quarter of a century old, has generated a lot of lawsuits aimed at ensuring compliance with its provisions, and federal courts in Arkansas have not been immune.

 

But periodic flurries of filings by the same plaintiffs and lawyers, in Arkansas and beyond, have led to some concerns about the motives behind the barrage of litigation.

 

Those filing the lawsuits say they aim to improve accessibility for the disabled, while some others fear tha...

November 19, 2015

The 2010 Amendments to the ADA limited the definition of a service animal.  This has caused confusion for housing providers and employers.  Keep in mind that Section 504 of the Rehabilitation Act and the Fair Housing Act apply to housing as well and HUD has construed the definition of a service animal more broadly than the ADA, as amended.  Here is HUD guidance on how the ADA requirements for public accommodations (stores, restaurants, etc.) differ from housing requirements:  https://portal.hud....

September 22, 2015

I'm proud to represent Jean Marie Lawrence of Chattanooga, Tennessee.  Her recent efforts to bring access to the downtown Chattanooga Post Office are representative of two important topics I'd like to share.  The first is how to be an effective advocate.  The second is the reason why it is necessary for more people with disabilities to become effective advocates.

Effective advocacy looks like this:  https://youtu.be/Sr-Ol8uOeVs.  Jean Marie went to the post office in downtown Chattano...

September 8, 2015

I've been getting a lot of complaints about this issue lately.  Ever tried to buy accessible seating positions for a concert or a sporting event online?  Ever get a message that requires you to call for accessible seats or a message that you will get a call back or an email within 24 hours?  Unless everyone has to call or wait up to 24 hours to purchase tickets, that's a violation of the Americans with Disabilities Act.  If typical ticket purchasers can choose a seat and put a ticket in an onlin...

August 14, 2015

 

The Huntsville City Council has denied a city employee's request to bring his dog to work.

 

Richard Fowler claims he needs Rascal, his six-year-old Boston terrier, around him at all times to calm his severe anxiety. He recently sought permission to kennel Rascal at Hays Nature Preserve, where he works as an herbicide spray technician.

His boss said no; Fowler appealed to the Huntsville City Council.

 

At its meeting Thursday night, council members upheld the decision of Fowler's supervisor without...

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