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En Español
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Appellate Section
AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE REHABILITATION ACT
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William Long, et al. v. Holly Benson, et al. (11th Cir.) -- Amicus
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Arizona v. Harkins Amusement Enterprises, Inc. (9th Cir.) -- Amicus
- Closed captions and video descriptions are auxiliary aids that permit individuals with sensory disabilities to enjoy a movie theater’s service within the limitations of their disabilities
- These auxiliary aids do not alter a movie theater’s service of exhibiting movies
- There is nothing in the ADA’s text, legislative history, or regulations that indicates that closed captioning is not required
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Zibbell v. Granholm (6th Cir.) -- Intervenor
- The Division intervened in this appeal to defend the constitutionality of the ADA provision abrogating states’ Eleventh Amendment immunity for claims brought pursuant to Title II
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Germano v. International Profit Ass'n (7th Cir.) -- Amicus
- Statements made by a party and relayed through a communications assistant are not hearsay and are admissible as statements by a party-opponent under Federal Rule of Evidence 801(d)(2)(C) and (D)
- Treating relayed statements as hearsay is contrary to the purposes of the ADA, and impedes the government’s enforcement of federal statutes that bar discrimination against persons with disabilities
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Goodman v. Donald (S.D. Ga.) -- Intervenor
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This court should avoid deciding the constitutionality of Title II of the ADA
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Congress validly abrogated States’ Eleventh Amendment immunity to claims under
Title II of the ADA
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George v. BART (9th Cir.) -- Appellant
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The district court erred in holding DOT’s regulatory definition of “readily accessible” invalid
- Plaintiffs’ alternative arguments regarding the validity of DOT’s regulations are erroneous
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Miller v. Johnson (E.D. Va.) -- Intervenor
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Congress validly abrogated States’ Eleventh Amendment immunity to claims under Title II of the ADA
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United States & Spencer v. Earley (4th Cir) -- Intervenor-Appellant
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The district court erred in reaching the question of Title II’s constitutionality
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The district court erred in dismissing Spencer’s claims on the basis of
Eleventh Amendment immunity
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This court should avoid deciding a new constitutional question
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Should this court reach the question, it should hold that Congress validly abrogated States’ Eleventh Amendment immunity to claims under Title
II of the ADA, as applied in the prison context
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Haas v. Quest Recovery Services (6th Cir) -- Intervenor
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In light of this Court’s holding that plaintiffs have not stated valid Title II claims against the State, this Court’s subsequent conclusion that the State is immune to plaintiffs’ Title II claims is in contravention of the Supreme Court’s instructions in Georgia and should not be reinstated
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Miller v. California Speedway Corp (9th Cir) -- Amicus
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The Department of Justice’s ADA regulations require assembly areas to provide wheelchair seating areas with lines of sight over standing spectators where patrons can be expected to stand during events
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Disabled in Action of Pennsylvania v. SEPTA (3d Cir) -- Amicus
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The district court’s holding conflicts with the statutory language
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The district court’s interpretation could have negative, unintended consequences by discouraging informal resolution of disputes and unnecessarily increasing litigation
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The district court improperly used the “discovery rule” to accelerate the running of the statute of limitations on DIA’s claims
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Under appropriate circumstances, a plaintiff can seek injunctive relief to prevent an anticipated violation of Section 12147(a) before the alterations are completed; the availability of such relief does not accelerate the running of the statute of limitations
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Chase v. Baskerville (E.D. Va.) -- Intervenor
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This court should not reach the validity of Title II's abrogation
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Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to prison administration
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As the Fourth Circuit has held, state agencies validly waive their Eleventh Amendment immunity to claims under Section 504 when they accept federal financial assistance
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Welch v. Virginia Polytechnic Institute & State University (W.D. Va.) -- Intervenor
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The Fourth Circuit has already held that Title II validly abrogates States’ immunity to claims under Title II of the ADA in the context of public higher education
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The Fourth Circuit has also held that a state agency validly waives its Eleventh Amendment immunity to claims under Section 504 when it accepts federal financial assistance
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United States v. AMC Entertainment, Inc. (9th Cir.) -- Appellee
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The district court did not abuse its discretion in entering the remedial decree
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All remaining arguments in AMC’s opening brief have been waived and, in any event, are meritless
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Buchanan v. Maine (1st Cir.) -- Intervenor
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This court should not reach the constitutionality of Title II unless necessary
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Title II is valid Fourteenth Amendment legislation as applied in the context of the provision of mental health services
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George v. BART (N.D. Cal.) -- Intervenor
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DOT's regulations satisfy the ADA and are not arbitrary and capricious
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Disability Rights Council v. WMATA (D.D.C.) -- Intervenor
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This court should not reach this issue
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Title II is valid Fourteenth Amendment legislation as applied to the context of public transportation
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Prye v. Blunt (W.D. Mo.) -- Intervenor
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This court should not reach the constitutionality of Title II unless necessary
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Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to voting
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Jones v. Gale (8th Cir.) -- Amicus
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This court has held that private plaintiffs may enforce the requirements of Title II of the ADA through Ex Parte Young suits
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Spencer v. Earley (E.D. Va.) -- Intervenor
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Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to prison administration
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As the Fourth Circuit has held, state agencies validly waive their Eleventh Amendment immunity to claims under Section 504 when they accept federal financial assistance
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Wisconsin Community Services, Inc. v. City of Milwaukee
(7th Cir.) -- Amicus
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Does 28 C.F.R. 35.130(b)(7) or 28 C.F.R. 41.53 apply to disputes about
zoning in suits under the Rehabilitation Act and Title II of the Americans
with Disabilities Act?
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Do 28 C.F.R. 35.130(b)(7) and 28 C.F.R. 41.53, if applicable to zoning
disputes, create an entitlement to accomodation in the absence of
intentional discrimination or disparate impact?
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If the answer to Questions 1 and 2 is yes, are the regulations valid?
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Randolph v. Texas Rehabilitation Commission (5th Cir.) -- Intervenor
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This en banc court has held that a state agency waives its Eleventh Amendment
immunity to claims under Section 504 of the Rehabilitation Act when it accepts
federal financial assistance
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Klingler v. Department of Revenue (8th Cir.) -- Intervenor
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The constitutionality of Title II and its regulations is no longer
at issue in this case
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Toledo v. Sanchez-Rivera (1st Cir.) -- Intervenor
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Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment
legislation as applied in the context of public education
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Roe v. Johnson (2d Cir.) -- Intervenor
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This Court should not rule on the constitutionality of Title II without first
considering alternative grounds for affirming or reversing
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Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment
legislation as applied in the context of public licensing programs
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Constantine v. Rectors & Visitors of George Mason University
(4th Cir.) -- Intervenor
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This court should decide first whether plaintiff stated a claim prior to
entertaining the university's constitutional challenges
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Congress validly conditioned federal funding on a waiver of Eleventh Amendment
immunity for private claims under Section 504 of the Rehabilitation Act of 1973
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Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment
legislation as applied in the context of public education
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The ADA retaliation provision is also valid Fourteenth Amendment legislation
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The Eleventh Amendment is no bar to private suits against state officials in their
official capacities to enjoin future violations of Title II and Section 504
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Bill M. v. Nebraska Department of Health & Human Services
(8th Cir.) -- Intervenor
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The district court properly declined to rule on the State's Eleventh Amendment
challenge at this stage in the proceedings
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Congress validly abrogated the State's Eleventh Amendment immunity to claims
under Title II of the ADA in the institutionalization context
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The panel incorrectly concluded that this court's 1999 holding in Alsbrook v.
City of Maumelle controls the outcome of this case
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George v. BART (9th Cir.) -- Amicus
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Congress left a gap in Title II for DOT to fill
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DOT's regulations reasonably interpret the accessibility requirements of the ADA
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Guttman v. Khalsa (10th Cir.) -- Intervenor
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Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment
legislation as applied in the context of public licensing programs
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Cochran v. New Jersey Department of Corrections (3d Cir.) --
Intervenor
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Title II of the ADA is valid Fourteenth Amendment legislation as applied to the
class of cases implicating prisoners' rights
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Miller v. King (11th Cir.) -- Intervenor
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This panel should delay consideration of the State's Eleventh Amendment challenge
to Title II pending resolution of the same challenge by the Supreme Court in
Tennessee v. Lane and by other panels of this Court already considering the same
issue
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The Eleventh Amendment is no bar to private suits against state officials in their
official capacities to enjoin future violations of Title II of the Disabilities Act
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Title II of the ADA is valid Fourteenth Amendment legislation as applied to the
class of cases implicating prisoners' rights
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Barbour v. WMATA (D.C. Cir.) -- Intervenor
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Congress validly conditioned receipt of federal funds on a waiver of Eleventh
Amendment immunity for private claims under Section 504 of the Rehabilitation Act
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McCarthy v. Hale (5th Cir.) -- Intervenor
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Suits under Title II may be brought against state officials in their official
capacities for prospective relief
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The constitutionality of Title II and Section 504 affects the merits of
plaintiffs' claims, not the Court's jurisdiction under Ex Parte Young to
adjudicate the claims
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Title II is valid Fourteenth Amendment legislation
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Title II is valid Commerce Clause legislation
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Title II does not violate the Tenth Amendment
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Section 504 is valid Spending Clause legislation
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United States v. Hoyts Cinemas Corp. (1st Cir.) --
Appellee/Cross-Appelant
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The district court correctly granted summary judgment to the United States on
the proper interpretation of Standard 4.33.3
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The district court properly denied defendants' motions for summary judgment
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The district court erred in holding that Standard 4.33.3 could only be applied
to theaters constructed or refurbished after the United States filed suit
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The district court's declaratory judgment should be vacated and remanded
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Nieves-Marquez v. Puerto Rico (1st Cir.) -- Intervenor
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Plaintiffs' claims under Title II of the ADA and Section 504 are not barred by
the Eleventh Amendment
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Goodman v. Ray (11th Cir.) -- Intervenor
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Because it combats an enduring problem of unconstitutional mistreatment and
discrimination against individuals with disabilities, Title II of the Americans
With Disabilities Act is valid Section 5 legislation
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Title II of the ADA is valid Fourteenth Amendment legislation as applied to the
class of cases implicating prisoners' rights
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Espinoza v. Texas Department of Public Safety (5th Cir.) -- Intervenor
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Congress clearly conditioned receipt of federal financial assistance on a state
agency's knowing and voluntary waiver of sovereign immunity to private actions
under Section 504
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Section 504 is valid Spending Clause legislation
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The Department's waiver of sovereign immunity was effective
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Spector v. Norwegian Cruise Line, Ltd. (5th Cir.) -- Amicus
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Title III of the ADA applies to foreign-flagged cruise ships doing business in
the United States
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The district court erred in dismissing the barrier removal claims because of the
absence of standards for new construction and alterations as to cruise ships
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Meyers v. Texas (5th Cir.) -- Intervenor
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Suits under Title II may be brought against state officials in their official
capacities for prospective relief
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This Court need not, and should not, consider the State's challenges to the
validity of the surcharge regulation in this appeal
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The surcharge regulation does not exceed the scope of the Attorney General's
delegated regulatory authority
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Title II is valid Fourteenth Amendment legislation
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Title II is valid Commerce Clause legislation as applied to this case
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Title II does not violate the Tenth Amendment
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Lieberman v. Delaware (3d Cir.) -- Intervenor
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Congress validly conditioned a State's receipt of federal funding on a waiver
of Eleventh Amendment immunity for private claims under Section 504
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Pugliese v. Dillenberg (9th Cir.) -- Intervenor
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Congress validly conditioned the receipt of federal financial assistance on
the waiver of Eleventh Amendment immunity to private claims under Section 504
of the Rehabilitation Act of 1973
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The State was not unconstitutionally coerced into waiving its sovereign immunity
to Section 504 claims
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Thomas v. University of Houston (5th Cir.) -- Intervenor
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Congress clearly conditioned receipt of federal funds on a waiver of Eleventh
Amendment immunity for private claims under Section 504 of the Rehabilitation
Act of 1973
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Section 504 is valid Spending Clause legislation
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The University's waiver of sovereign immunity was effective
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Danny R. v. Spring Branch Independent School District (5th Cir.) --
Intervenor
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Congress clearly conditioned receipt of federal funds on a waiver of Eleventh
Amendment immunity for private claims under Section 504 of the Rehabilitation
Act of 1973
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Section 504 is valid Spending Clause legislation
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The TEA's authority to solicit and accept federal funds conditioned on a waiver
of sovereign immunity is sufficient, as a matter of federal law, to support a
waiver of immunity through acceptance of federal funds
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Radaszewski v. Garner
(8th Cir.) -- Amicus
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Eleventh Amendment is no nar to rivate suits against state officials to enjoin
future violations of federal law
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Congress did not display any intent to foreclose jurisdiction under Ex parte
Young for suits under Title II And Section 504
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Meineker v. Hoyts Cinemas Corporation
(2d Cir.) -- Amicus
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District court erred in concluding, on a motion for summary judgment, that
defendant’s stadium-style movie theaters provide patrons in wheelchairs “lines
of sight comparable to those for members of the general public,” as required
by Standard 4.33.3
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District court erred in concluding that the wheelchair spaces in defendant’s
stadium-style movie theaters are an “integral” part of the fixed seating plan,
as required by Standard 4.33.3, even though in 14 of the 18 theaters, defendant
provides no wheelchair seating in the stadium sections where the vast majority
of the public sits.
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George Lane and Beverly Jones v. State of Tennessee (6th Cir.) --
Intervenor
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Under this Court’s holding in Popovich, there is a Due Process basis for
applying Title II of the ADA to claims of denial of access to the courts by
individuals with disabilities
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Shepard & United States v. Irving (4th Cir.) -- Intervenor
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Congress validly conditioned federal funding on a waiver of Eleventh Amendment
immunity for private claims under Section 504 of the Rehabilitation Act of 1973
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A.W. v. Jersey City Public Schools (3d Cir.) -- Intervenor
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 and IDEA suits
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Miranda B., et al. v. John Kitzhabeer, Governor of the State of
Oregon, etc. (9th Cir.) -- Intervenor
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Defendants' arguments about the validity of the Federal Statutory provisions
regarding regarding their Eleventh Amendment immunity from suit under Title
II and Section 504 are foreclosed by binding circuit precedent
- Suits under Title II and Section 504 may be brought against state officials
in their official capacities for prospetive relief
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Johnson v. Louisisana Dep't of Educ.& August v. Mitchell
(5th Cir.) -- Intervenor
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Congress conditioned receipt of federal funds on a waiver of Eleventh Amendment
immunity for private claims under Section 504 of the Rehabilitation Act of 1973
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Section 504 may be enforced against state officials in their official capacities
for prospective relief even if congress did not validly condition the receipt
of federal financial assistance on a waiver of immunity
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M.A. & United States v. State-Operated School District of the City of
Newark and New Jersey Department of Education, etc. (3d Cir.) --
Intervenor/Appellee
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 suits
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Doe v. State of Nebraska (8th Cir.) -- Intervenor
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 suits
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Bowers v. NCAA (3d Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth
Amendment
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 suits
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This court should not reach the constitutionality of Title II unless necessary
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Title II is valid Fourteenth Amendment legislation as applied in the context of public education
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Bruggeman v. Blagojevich (formerly Boudreau v. Ryan) (7th Cir.) --
Amicus/Intervenor
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Title II of the ADA may be enforced against state officials for prospective relief
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Congress validly conditioned receipt of federal funds on a waiver of Eleventh
Amendment immunity for private claims under section 504 of the Rehabilitation
Act of 1973
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Biggs v. Board of Education of Cecile County, Maryland (4th Cir.)
-- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 suits
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Miller v. Texas Tech University (5th Cir.) -- Intervenor
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 suits
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Henrietta D. v. Giuliani (2d Cir.) -- Amicus
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Title II of the ADA and Section 504 of the Rehabilitation Act may be enforced
against state officials for prospective relief
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Assoc. of Disabled Americans v. Florida International Univeristy
(11th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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As applied to discrimination in education, Title II is congruent and proportional
to the constitutional rights at issue and the history of discrimination
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Wilson v. Pennsylvania State Police Dep't (3d Cir.) -- Intervenor
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Congress validly conditioned receipt of federal funds on waiver of Eleventh
Amendment immunity to Section 504 suits
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Title I of the ADA may be enforced against state officials for prospective relief
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Project Life v. Glendening (4th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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United States v. Cinemark (6th Cir.) -- Appellant
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ADA regulations require theaters to provide individuals in wheelchairs with a
view comparable to that provided other patrons, not just an unobstructed view
of the screen
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Kiman v. New Hampshire Dep't of Corrections (1st Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth
Amendment
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United States v. Mississippi Dep't of Public Safety (5th Cir.) --
Appellant
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Sovereign immunity does not bar United States from suing a state agency based
on an individual's charge of discrimination under the ADA
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Wessel v. Glendening (4th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Title II of the ADA may be enforced by injunction against state officials
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Badillo-Santiago v. Andreau-Garcia (1st Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Patrick W. v. Anderson (9th Cir.) -- Intervenor
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No Eleventh Amendment immunity to Section 504 actions
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Section 504 may be enforced by injunction against state officials
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Pace v. Bogalusa City Sch. Bd. (5th Cir.) -- Amicus
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Failure to establish a violation of the IDEA does not necessarily preclude a
plaintiff's related claims under the ADA and Section 504
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Whether a state agency’s application for and acceptance of federal financial
assistance constituted an effective waiver of its sovereign immunity to suits
under Section 504 of the Rehabilitation Act of 1973.
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Whether a state agency’s application for and acceptance of funds under the
Individuals with Disabilities Education Act (IDEA) constituted an effective
waiver of its sovereign immunity to suits under that statute.
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Conditioning federal funds on a knowing and voluntary waiver of a State's
Eleventh Amendment immunity is a valid exercise of Congress's Spending Clause
authority
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As applied to discrimination in education, Title II is congruent and proportional
to the constitutional rights at issue and the history of discrimination
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Chisolm v. McManimon (3d Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid legislation under the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II and Section 504 actions
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Thomas v. Nakatani (9th Cir.) -- Intervenor
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No Eleventh Amendment immunity to ADA Title II actions
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Title II of the ADA may be enforced by injunction against state officials
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Koslow v. Pennsylvania (3d Cir.) -- Intervenor
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No Eleventh Amendment immunity to Section 504 actions
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Title I of the ADA may be enforced by injunction against state officials
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Garrett v. University of Alabama (11th Cir.) -- Intervenor
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No Eleventh Amendment immunity to Section 504 actions
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Lovell v. Chandler (9th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid legislation under the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II and Section 504 actions
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Vinson v. Thomas (9th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid legislation under the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II and Section 504 actions
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United States v. Law School Admissions Council (3d Cir.) -- Appellee
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Unsuccessful law school applicant properly denied intervention into case brought
by United States to enforce ADA in admissions testing
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Unsuccessful law school applicant properly denied intervention may not appeal
from judgment in underlying case
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Oregon Paralyzed Veterans of America v. Regal Cinemas (9th Cir.) --
Amicus
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ADA regulations require movie theater with stadium-style seating to provide
spaces for wheelchair users in places that provide comparable lines of sight
to that provided to other customers
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Barden v.City of Sacramento (9th Cir.) -- Amicus
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Title III of the ADA and Section 504 apply to a City's program of providing,
constructing and maintaining sidewalks
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Popovich v. Cuyahoga County Court of Common Pleas (6th Cir.) --
Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II actions
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McAleese v. Pennsylvania Dep't of Corrections (3d Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid legislation under the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II and Section 504 actions
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Title II and Section 504 may be enforced against statute officials through
injunctive relief even if Congress did not validly remove States' sovereign immunity
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Simmons v. Texas Dept. of Criminal Justice (5th Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II actions
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Root v. Georgia State Bd. of Veterinary Medicine (11th Cir.) --
Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II actions
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Rendon v.Valleycrest Productions (11th Cir.) -- Amicus
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Title III of the ADA applies to the process a television game show uses for
screening contestants, even though the screening process takes place over
the telephone and not in the show's physical studios
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Garcia v. S.U.N.Y. Health Sciences Center (2d Cir.) -- Intervenor
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Title II of the ADA is valid legislation under Section 5 of the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid legislation under the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to ADA Title II and Section 504 actions
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Robinson v. Kansas (10th Cir.) -- Intervenor
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Title VI of the Civil Rights Act of 1964 is valid exercise of the Spending
Clause and the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to Title VI and Section 504 actions
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Schrader v. Dr. Fred A. Ray, P.C. (10th Cir.) -- Amicus
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Section 504 of the Rehabilitation Act applies to employers with fewer than
15 employees that accept federal financial assistance
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Any person subjected to discrimination by a recipient of federal financial
assistance may bring suit under Section 504, not just intended beneficiaries
of the assistance
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Kapche v. City of San Antonio (5th Cir.) -- Amicus
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Whether individuals with insulin-treated diabetes mellitus present a
significant safety risk while driving requires an individualized inquiry
and cannot be decided as a matter of law
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Asbury v. Missouri Department of Elementary and Secondary Education
(8th Cir.) -- Intervenor
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Individuals with Disabilities Education Act is valid exercise of the Spending Clause
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Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to IDEA and Section 504 actions
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Williams v. Hermanson Family Limited Partnership (10th Cir.) -- Amicus
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Plaintiff establishes a prima facie case of discrimination under Title III
of ADA if he demonstrates that barrier removal is generally readily achievable
in the circumstances of the case by suggesting a reasonable method to remove
the challenged barrier
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Defendant has the ultimate burden of proving that barrier removal is not
readily achievable
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Roary v. Freeman (4th Cir.) -- Intervenor
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Section 504 of the Rehabilitation Act is valid exercise of the Spending Clause
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No Eleventh Amendment immunity to Section 504 actions
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Duncan v. WMATA (D.C. Cir.) -- Amicus
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For unskilled workers, a person whose impairment prevents him from performing
medium or heavy lifting is significantly restricted in his ability to perform
a class of jobs and is thus a person with a disability
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There is no basis for requiring a plaintiff to establish by expert testimony
and statistical evidence the number and types of jobs for which he is
disqualified in the relevant geographical area
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Hooks v. OKBridge, Inc. (5th Cir.)
-- Amicus
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Title III of ADA applies to services of a place of public accommodation offered
over the internet
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Private club exception to Title III is narrow
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Thompson v. Colorado (10th Cir.) -- Intervenor
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May enforce Title II against state officials in their official capacities (
Ex parte Young)
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Title II of ADA is valid exercise of the power to enforce the Fourteenth Amendment
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No Eleventh Amendment immunity to Title II actions
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Cisneros v. Wilson (10th Cir.) -- Intervenor
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Title I of ADA is valid exercise of the power to enforce the Fourteenth Amendment
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May enforce Title I against state officials in their official capacities
(Ex parte Young)
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Webb v. Clyde L. Choate Mental Health and Developmental Center
(7th Cir.) -- Amicus
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May enforce Title I against state officials in their official capacities
(Ex parte Young)
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McGarry v. Director, Department of Revenue (8th Cir.) -- Amicus
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May enforce Title II against state officials in their official capacities
(Ex parte Young)
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Amos v. Maryland Department of Public Safety and Correctional Services
(4th Cir.) -- Intervenor
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Title II of ADA is valid exercise of the power to enforce the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to Title II and Section 504 actions
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Walker v. Snyder (7th Cir.) -- Intervenor
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Suits against state officials in their individual capacities not barred by
the Eleventh Amendment
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May enforce Title II against state officials in their official capacities
(Ex parte Young)
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Title II of ADA is valid exercise of the power to enforce the Fourteenth Amendment
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No Eleventh Amendment immunity to Title II actions
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Olinger v. United States Golf Association (7th Cir.) -- Amicus
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Golf courses, including the playing area of a course "inside the ropes,"
are places of public accommodation under Title III
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Lonberg v. Sanborn Theaters (9th Cir.) -- Amicus
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An architect who designs an inaccessible facility but does not participate
in its construction can be liable under § 303 of the ADA
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Parties responsible for complying with § 303 of the ADA are not limited
to owners, lessors, lessees, and operators of places of public accommodation,
but also includes architects and contractors
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Pomeroy v. Western Michigan University (6th Cir.) -- Intervenor
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Title I of ADA is valid exercise of the power to enforce the Fourteenth Amendment
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Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to Title I and Section 504 actions
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Schaefer v. The State Insurance Fund (2d Cir.) -- Amicus
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Persons with Diabetes Mellitus will often meet the definition of disability
under the ADA, even when they take medication to control its effects
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Many persons with Diabetes may be "Regarded As" having, or have a record
of, a substantially limiting impairment
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Long v. Coast Resorts, Inc.
(9th Cir.) -- Amicus
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District court must grant injunctive relief to correct violation of Title III
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Application of Title III to casinos
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Botosan v. Paul McNally Realty, Inc.
(9th Cir.) -- Amicus
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No need to exhaust administrative remedies prior to filing Title III lawsuit
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Steger v. Franco, Inc. (8th Cir.) --
Amicus
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Individuals have standing to enforce accessibility requirements of Title
III without first entering establishment
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Johnson v. Tennessee Technical Center at Memphis (6th Cir.) --
Intervenor
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Title II of ADA is valid exercise of the power to enforce the Fourteenth Amendment
-
Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
-
No Eleventh Amendment immunity to Title II and Section 504 actions
-
Denying accessibility to courthouses and colleges implicates constitutional rights
-
Chabner v. United of Omaha Life Insurance Co. (9th Cir.) -- Amicus
-
Title III guarantees more than mere physical access to places of public accommodation
-
Title III applies to the terms and conditions of insurance coverage
-
McCarran-Ferguson Act does not preclude plaintiffs from using Title III
to challenge the terms and conditions of insurance policies
-
Stevens v. Premier Cruises, Inc. (11th Cir.) -- Amicus
-
Foreign-flag cruise ships that enter United States ports must comply with
the Americans with Disabilities Act
-
Individual has standing to enforce accessibility requirements of Act without
identifying exactly when she will use the services offerred
-
Doe v. Mutual Of Omaha Insurance Co. (7th Cir.) -- Amicus
-
Title III applies to the terms and conditions of insurance coverage
-
Placing a lower cap on benefits for AIDS-related conditions, as opposed to other
illnesses, is disability-based discrimination within the plain language of the ADA
-
McCarran-Ferguson Act does not preclude plaintiffs from using Title III
to challenge the terms and conditions of insurance policies
| Document |
Date |
| Brief as Amicus [HTML] |
02/16/99 |
| Court of Appeals decision, reported at 179 F.3d 557 |
06/02/99 |
| Petition for Certiorari denied, reported at 528 U.S. 1106 |
01/10/00 |
-
Onishea v. Hopper (11th Cir.) -- Intervenor
-
Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
-
No Eleventh Amendment immunity to Section 504 actions
-
May enforce Section 504 against state officials in their official capacities
(Ex parte Young)
-
Section 504 was intended to protect HIV-positive persons
-
Martin v. PGA Tour, Inc. (9th Cir.) --
Amicus
-
Golf courses, including the playing area of a course "inside the ropes,"
are places of public accommodation under Title III
-
Rules of athletic competitions are not categorically excluded from examination
under the ADA, whether characterized as "substantive" or otherwise
-
Requiring golf tournament to modify rule to permit golfer with a disability to
use a cart instead of walking would not, under the facts of this case,
constitute a fundamental alteration
-
Jim C. v. Arkansas Department of Education (8th Cir.) -- intervenor
-
Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
-
No Eleventh Amendment immunity to Section 504 actions
-
United States v. City and County of Denver
(10th Cir.) -- Appellee
-
Duty of employer to reassign qualified employees who can no longer perform
the functions of current assignment
-
Availability of compensatory damages under Title II
-
Futility exception to general requirement of interactive process
-
Title II applies to employment discrimination
-
DeBose v. Nebraska (8th Cir.) -- Intervenor
-
Title I of ADA is valid exercise of the power to enforce the Fourteenth Amendment
-
No Eleventh Amendment immunity to Title I actions
-
Bartlett v. New York State Board of Bar Examiners (2d Cir.) -- Amicus
-
Dyslexia is a disability; reading and writing are major life activities
-
Necessity of reasonable accommodations in taking bar examination for individual
with a learning disability
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Updated April 6, 2009