92

There isn't any indication in that news story that the disabled son was anywhere nearby. I agree the situation you describe sounds like a legitimate use of the placard, but it seems in this situation, the placard was being used in a manner totally unrelated to the transport of a disabled person. My guess is that the cops cited her because the son wasn't in ...


57

I think there's a reasonable argument to be made. ADA requires reasonable accommodations for disabilities, but there's always going to be a fight over what is reasonable. What's pretty clear, though, is that the museum is not required to make accommodations that would "threaten or destroy the historic significance of an historic property." So they'd have ...


56

“Maximum conservation” Museums rarely allow anyone except trained conservators to touch any exhibit. Besides the real risk of physical damage, human skin is covered with a cocktail of bacteria and chemicals which will attack the exhibit. You can’t touch the Mona Lisa, you can’t touch the Declaration of Independence, you can’t touch Tutankhamen’s mummy and ...


8

According to This official FAQ page: Q25. When can service animals be excluded? A. The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public. Nor does it overrule legitimate safety requirements. If ...


5

Had the driver been able to prove that they were picking up the disabled person, the ticket should never have been issued and the permit never confiscated. It would have made sense if the disabled person was proved to be somewhere else at that time. I think in most countries the pass isn't necessarily for the driver, but for the vehicle to be used to ...


5

Would I have a reasonable cause of action to consider suing a science centre for violating disability rights law? If they do not have a comprehensive audio description of what sighted people can see, then you might have cause, but the resolution would simply be to provide that audio description. It is unlikely that the ruling would force them to permit ...


5

The basic constitutional underpinning is the Commerce Clause and the 14th amendment (see Americans With Disabilities Act of 1990, Pub. L. No. 101-336 § 2(b)(4)). As a general rule, if you do a thing that has potential commercial impact involving another state (such as growing feed for your animals and therefore not buying feed from a farmer out of state), ...


4

It may be discrimination; not all discrimination is illegal. Details vary by jurisdiction, for example discrimination on the following bases is illegal in Australia: race colour sex sexual preference age physical or mental disability marital status family or carer’s responsibilities pregnancy religion political opinion national ...


4

You can file a lawsuit of course. The question is whether you have any evidence whatsoever that they didn't hire you because of illegal discrimination. As you say yourself, they didn't hire you "for no apparent reason". It is entirely legal not to hire you "for no apparent reason". Without evidence of illegal discrimination that court case will go nowhere. ...


4

The other answers here are good, but IMO are missing a key point. The Shuttle Orbiter is currently displayed on a structure that appears to be ~20 feet off the ground (pictured below). As access to it, even for merely touching the exterior, appears to require heavy equipment like a scissor lift, being able to touch it seems unlikely to be deemed a "...


3

The ADA Standards , in section 226.1 requires that: Where dining surfaces are provided for the consumption of food or drink, at least 5 percent of the seating spaces and standing spaces at the dining surfaces shall comply with 902. Where section 902 gives specifics on the requirements for accessible dining surfaces. It therefore seems that, in order to ...


3

Normally, an employer can decide whether someone is allowed to go on leave or not. If someone has a covered disability, that must be accommodated, except to the extent that the disability makes the person unable to perform a bona fide job qualification that cannot be accommodated by any practical means. Employers have some latitude and discretion in ...


3

If the requirement is imposed by an employer, then the basis for an exemption, if any, would be whatever the employer choose to allow, unless some applicable law required some particular exemption. Such mandates are not common. Indeed I do not recall hearing of any such absolute mandates. But an employer could choose to impose one, and I have heard (and read)...


2

This document seems to state HUDs current position on what the law is, pursuant to the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973. There are two basic tests: Does the person have a disability, and do they have a disability-related need for a service animal? (It is allowed to request documentation of the claimed need for an animal, but ...


2

There are currently two areas where persons with dyslexia are entitled to special consideration: education, and labor. Theoretically, one might pursue a claim under 42 USC 12182, but at present, dyslexia is not legally on a par with race or religion.


2

US law requires that all students with disabilities be granted accommodations. This includes food allergies, and there is no special provision regarding nuts versus milk. In the context of only one student with an allergy (milk), the most reasonable accommodation would be allowing that student to drink any substitute beverage. Because of the nature of nut ...


2

I believe the relevant section is 28 CFR 35.150 - Existing facilities § 35.150 Existing facilities: (a)General. A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. This paragraph does not - Because of ...


2

It could be that BART uses federal money from Department of Transportation (DOT) allocated to mass transit systems by the Federal Transit Administration (FTA), which is the department that deals with public transportation. By taking the money, the FTA can then enforce federal laws on the system. This is not a violation of Commerce Clause because the state ...


2

You are 500km away and you neither intend to do her harm, nor are you personally doing her harm. You are not an accomplice by any means. You may, appropriately, feel a moral obligation to do as much as you can to help, but not doing everything that you wish you could does not make you an accomplice.


2

You need to talk to a lawyer. There are lots of whistleblower laws that could be implicated by the course of conduct you're talking about, but they are not always as robust as the average person might expect. Protecting your rights can often depend on some silly formalities, and you need a lawyer to look at your specific situation and craft a plan to ensure ...


2

Hospitals in the U.S. are required by the ADA to provide reasonable accommodations to the disabled and are also required by standards of medical practice to provide medical care in a manner recognized as adequate in the medical profession. This does not automatically and necessarily mean that wheel chairs are required or that any specific number of them are ...


2

No, even if not used, they are explicitly required by federal law! The History of handicapped parking started in the 60s. In the late 1960s, Title VIII of the Civil Rights Act banned discrimination against disabilities and then the Amaricans with Disabilities Act entered Congress in 1988. It passed as law in 1990 and included section 4.6 Parking and ...


2

This is covered by the page Job Applicants and the ADA from the U.S. Equal Employment Opportunity Commission. There it is said: I have a disability and will need an accommodation for the job interview. Does the ADA require an employer to provide me with one? Yes. Employers are required to provide "reasonable accommodation" -- appropriate changes ...


2

An attorney who represents a parent client with respect to an IEP may consent to it on behalf of the client. As Trish notes, the attorney should ethically confer with the client and obtain client approval before doing so. But the attorney has authority to bind the parent client if the attorney is representing the client with respect to the IEP.


2

English law answer: The relevant legislation here includes disabilities protections under the Equality Act, and workplace health and safety regulations. It would be possible for something health related to fall under the Human Rights Act but this woulf depend on the circumstances. It really depends on the circumstances, since this is a case of when you may ...


1

The ADA does not prohibit private entities from asking potential customers about disabilities. Title I, Section 102 (c) [Medical Examinations and Inquiries] puts limits on what an employer can ask potential employees. Title III, sections 301 through 310, which covers public accommodations and services operated by private entities, does not mention medical ...


1

There is no state law that addresses blocking sidewalks: the closest that you can come are the rules against parking in or obstructing designated handicapped parking spaces. Sidewalks are generally within the purview of local government. Again there is nothing relevant that addresses parking. There is code (a chapter) that addresses sidewalks, but those ...


1

It is, practically speaking, impossible for a layman to know whether a given situation constitutes a significant behavioral, emotional, or mental disorder. Instead, a technical expert would make that determination. So most of the question isn't legal, it's psyychiatric. There is a book that spells this out (Diagnostic and Statistical Manual of Mental ...


1

It seems that the Communications and Video Accessibility Act of 2010 (CVAA) does indeed require video games with communication features (voice/chat) to be accessible. They fall under the Advanced Communications Services (ACS) category. To dispell any doubt that such games need to comply with the act there is an FCC statement extending the deadline for ...


1

Simple. They don't. The ADA governs local and state governments, and physical places normally open to the public. Unless your software is designed for either of those settings, the ADA has nothing to say about it. The Communications Act of 1934 (even as amended) governs telecom services, broadcasters, manufacturers, etc. It doesn't regulate most software......


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