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 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...

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...

April 6, 2015

I am often asked to explain the difference between the standards applied to determine compliance with Title III of the ADA of a public accommodation, versus those applied to Title II of the ADA with regard to a public entity.  In other words, why do public entities (such as cities or other governmental entities, like state universities, for example) have a different mandate under Title II, than public accommodations (such as a local restaurant or retail store) under Title III?...

April 6, 2015

 

The interplay between the new construction accessibility standards applicable to both Title II and Title III of the ADA and the program access requirements applicable only to Title II, is fascinating--if you're an accessibility nerd like me--and can result in greater overall accessibility in Title II facilities.  The best example, and one I've used often in the past, is powered automatic door openers.  Over the past thirteen years that I've been advocating for people with disabilities, I've met...

September 16, 2014

 

 

The criteria that define accessibility for a table are actually quite simple, but are often missed by restaurateurs.  These criteria can be found in the current ADA Accessibility Guidelines at Sections 226, 305, 306 and 902, which can be found here: 

http://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm#c4

In general, to determine the amount of accessible dining spaces, one must first determine the number of seating and standing dining spaces provided for...

July 15, 2014

Question:  Can an Alabama business avoid complying with the ADA's mandate to make readily achievable modifications to existing inaccessible toilet rooms, as necessary to make them wheelchair accessible, by designating the toilet rooms as for "Employees Only?"

Answer:  No. 

Alabama has adopted the International Plumbing Code (IPC). http://www.bc.state.al.us/buildingcode.htm

The IPC requires public toilet rooms in all structures and tenant spaces intended for public utilization--the only e...

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Website Content Accessibility Requirements and the ADA

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