The Supreme Court decided under Title II of the ADA that mental illness is a form of disability and therefore covered under the ADA, and that unjustified institutional isolation of a person with a disability is a form of discrimination because it "...perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." The court added, "Confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."
For the next few months I corresponded with this housing authority, until I caught the attention of the regional manager, likely because I registered his letter. He called and asked to visit, upon his arrival, accompanied by our maintenance person, who having seen the pictures and the stove above the countertop, still maintained all the countertops are the same height. The R/M inspected this anomaly and the maintenance man still stated the countertops are all the same, I said no they are not and the R/M turned and asked which were not, I told him which apt my friend lived in and he headed that way. When he returned he stated I was correct and he would see about fixing this mistake and the maintenance person apologized. I never heard back from him, one day I found him in the hallway and asked what is the plan and he stated that I needed to put in a request for a reasonable accommodation, which makes no sense, in my reasoning all of ADA constitutes a reasonable accommodation, however, I did not nor would I request it. Furthermore, had I known they were going to do this I would not be on this blog?
Error prevention on important forms (3.3.4): For pages that create legal commitments or financial transactions or any other important data submissions, one of the following is true: 1) submissions are reversible, 2) the user has an opportunity to correct errors, and 3) confirmation is available that allows an opportunity to review and correct before submission.
One of the first major ADA lawsuits, Paralyzed Veterans of America v. Ellerbe Becket Architects and Engineers (PVA 1996) was focused on the wheelchair accessibility of a stadium project that was still in the design phase, MCI Center (now known as Capital One Arena) in Washington, D.C. Previous to this case, which was filed only five years after the ADA was passed, the DOJ was unable or unwilling to provide clarification on the distribution requirements for accessible wheelchair locations in large assembly spaces. While Section 4.33.3 of ADAAG makes reference to lines of sight, no specific reference is made to seeing over standing patrons. The MCI Center, designed by Ellerbe Becket Architects & Engineers, was designed with too few wheelchair and companion seats, and the ones that were included did not provide sight lines that would enable the wheelchair user to view the playing area while the spectators in front of them were standing. This case[69][70] and another related case[71] established precedent on seat distribution and sight lines issues for ADA enforcement that continues to present day.
In 2001, for men of all working ages and women under 40, Current Population Survey data showed a sharp drop in the employment of disabled workers, leading at least two economists to attribute the cause to the Act.[52] By contrast, a study in 2003 found that while the Act may have led to short term reactions by employers, in the long term, there were either positive or neutral consequences for wages and employment.[53] In 2005 the rate of employment among disabled people increased to 45% of the population of disabled people.[54]
I live in a senior housing apt building in San Diego Ca. We have three sides of our building streets used by the MTS transportation system for bus depo and trolley. The buses are parked directly in front of our entrance where the disability ramp is and the small one car white loading zone is located at the end of the block. The busses are blocking emergency vehicle access and the residents are being picked up daily by disability medical transit buses which are supposed to go to the white zone down the block but it is always being used by someone. Instead the medical vans are parking in the red zones directly in front of the disability ramp for loading/ unloading. The bus drivers get angry and beep their horns block traffic on the street and yell at the elderly residents. I have been writing and providing photos and calling so many city employees and agencies, attorneys, ADA compliance officers about this for 8 months yet they all say we can use the little white zone up the street because they need the area for the three busses parked there each day. Who can I contact to do a formal assessment of this as everyone else has not even really addressed the issue. One guy to,d me we had a building design defect after talking to him for 5 minutes on the phone and he did not even see the photos yet! Please anyone help!!!
The lack of regulations here has led to the absolute worst-case scenario. People with disabilities have not been served since most companies are unaware this is an issue. Most don’t even realize this is something they have to consider until they receive a demand letter. That has certainly been the case for some of my clients. This leads to a scramble to get compliant. Unfortunately, it can take up to a year to do so depending on the complexity of the site. Meanwhile, plaintiffs’ attorneys across the country are taking advantage of the confusion. More than 260 website accessibility lawsuits were filed in 2016, and significantly more were filed by the end of 2017. But these numbers do not even begin to cover the cases that are settled pre-litigation.
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