90

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 ...


7

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

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

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

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 ...


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

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

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 ...


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

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

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

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 - ...


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

From the quoted passage: "In all cases, an employer may request a recertification of a medical condition every six months in connection with an absence by the employee. Accordingly, even if the medical certification indicates that the employee will need intermittent or reduced schedule leave for a period in excess of six months (e.g., for a lifetime ...


1

Discrimination based on genetic features and disability (among others) is prohibited in European Union primary law by Article 21 of the Charter of Fundamental Rights of the European Union (OJ 2012 C 326/391). This is naturally a negative obligation to the Union and Member States. Basis for positive action in the area are in Article 19 of the Treaty on the ...


1

This answer most probably applies to the US. But I'm sure German laws should be similar. Under the legal doctrine of premises liability, establishments are responsible for keeping their property safe from defects and dangerous conditions that could cause injuries. This obligation, or legal duty of care, means they must do everything reasonably possible to ...


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