A paraplegic who uses a wheelchair filed suit, pursuant to 42 U.S.C. § 12101 [Americans with Disabilities Act; ADA] and Civil Code section 54 [Disabled Persons Act], against a City, alleging he experiences great difficulty, discomfort and fear for his safety when frequenting facilities in the City because none of the City’s on-street parking is […]
Discrimination Allegations In Health Care To Deaf Woman.
Both husband and wife communicated through American Sign Language. The wife first went to a medical clinic in Nevada in 2007 and was told no sign language interpreter would be provided to interpret her communications with health care personnel. Each time she went to the clinic, she requested and was denied an interpreter. In late […]
Non Opt-Out Provision In Class Action Violates Due Process.
The Americans with Disabilities Act [42 U.S.C. § 12132; ADA] and the Unruh Civil Rights Act [Civil Code section 51] require cities to make newly built and altered sidewalks readily accessible to individuals with disabilities. After the parties in this action agreed to certify a non opt-out class involving violations of California law and settle […]
Accommodation Process.
Plaintiff’s former significant other has sole possession of his home and he wants possession back, so he filed an action. After being denied a continuance of the trial, the significant other requested the accommodation of a continuance of trial for health reasons, under the Americans With Disabilities Act [ADA; 42 U.S.C. § 12101]. California Rules of […]
Civilization In A Society Can Be Judged By Seeing Its Prisoners. Fyodor Dostoevsky.
After the realignment of California prisons, the State of California contended it was absolved of previous requirements for violations of the rights of disabled inmates. The federal district court rejected the argument and ordered renewal of negotiations. Obviously frustrated with the present situation, the first paragraph of the Ninth Circuit’s opinion reads: “Since 1994, disabled state […]
Deaf Or Hard Of Hearing Students Want To Follow Along With Classroom Discussions.
Through their parents, two deaf or hard of hearing public education students in different parts of California requested help to follow classroom discussions through Communication Access Realtime Translation [CART], a word transcription service similar to court reporting in which a trained stenographer provides real-time captioning that appears on a computer monitor. In both situations, the school […]
Even Though Disabilities Not Apparent And ADA Not Violated, Airline Faces Suit Under State Statutes.
Plaintiff who has difficulty walking, due to osteoarthritis, collapsed spinal disc, knee replacement and another knee that needs replacement, flew United during both legs of a trip. She claims during both trips, United failed to provide her wheelchair assistance. Among her allegations: “United agents yelled at her, expressed skepticism that she actually needed a wheelchair, and […]
Marijuana Users Not Protected By The Americans with Disabilities Act [ADA].
Severely disabled residents of two California cities were authorized by doctors to use marijuana for medical purposes. Use of marijuana is permitted under California law, but prohibited under federal law. The Ninth Circuit decided the individuals covered under the Americans with Disabilities Act [ADA] do not include persons engaged in the illegal use of drugs. James […]
Disability Access Action Expensive For Wheelchair-Bound Plaintiff.
Plaintiff uses a wheelchair and brought an action against a small grocery store “for denying him and other similarly situated disabled persons access to the full and equal enjoyment of the goods and services offered” because a four-inch step at the entry to the market was a barrier. The grocer was granted summary judgment after […]
Restaurant Obviously Didn’t Like The A.D.A. Suit.
A disabled man filed a complaint for damages and permanent injunctive relief against a restaurant because of alleged violations of the Americans with Disabilities Act [42 USC §12182(b)(2).] The restaurant filed a general denial and a cross-complaint alleging the disabled man and his attorney were liable under Government Code §12651(a)(7) of the California False Claims […]