By John W. Egan One common misconception about the design and construction requirements of the Americans with Disabilities Act (ADA) is that historical landmarks are exempt. Another is that the ADA does not apply when an element is merely replaced. A recent decision by a New Hampshire federal court dispels both of these notions. At issue… Continue Reading
Category Archives: Department of Justice
Subscribe to Department of Justice RSS FeedJustice Department Requires Treatment Facilities to Adopt Policies For Accommodating Persons with HIV
Posted in Department of Justice, Lawsuits, Investigations & SettlementsBy Chris Palamountain In the past three weeks, the U.S. Department of Justice (DOJ) has announced settlements with three different health-service providers (of dentistry, pain management, eating-disorder treatment, and addiction treatment) concerning access to services for persons with HIV. The DOJ pursued each settlement under its Barrier-Free Health Care Initiative, designed to enforce health care… Continue Reading
Justice Department Obtains Civil Penalties and Retrofits From Three Manhattan Rosa Mexicano Restaurants for Alleged ADA Violations.
Posted in Barrier Removal, Department of Justice, Lawsuits, Investigations & SettlementsBy Minh N. Vu The U.S. Justice Department (DOJ) and the owners of the Rosa Mexicano restaurants at Lincoln Center, Union Square, and First Avenue recently entered into a consent decree that resolves an enforcement suit filed in October 2012. The DOJ alleged that the restaurants were not physically accessible to individuals with disabilities, in… Continue Reading
Justice Department’s Disability Rights Section Gets a New Chief
Posted in Department of JusticeAfter a long search, the Civil Rights Division of the Justice Department yesterday announced its new Chief of the Disability Rights Section (DRS), Rebecca Bond. Among other things, DRS is responsible for enforcing and issuing regulations under Title III of the ADA and enforcing the law. Ms. Bond was a Trial Attorney and a Deputy Chief… Continue Reading
Businesses With Swimming Pools and Spas Work to Install Lifts by January 31, 2013
Posted in 2010 ADA Standards, Auxiliary Aids and Services, Barrier Removal, Department of Justice, Legislative/Regulatory Actions, Maintenance of Accessible Features, Physical Accessibility, Pool LiftsBy Minh N. Vu The Department of Justice’s (DOJ) deadline for hotels, health clubs, and other public accommodations to retrofit their existing pools and spas with either a pool lift or sloped entry ramp is January 31, 2013. Under regulations the DOJ issued in 2010, all pools with less than 300 linear feet of wall… Continue Reading
Justice Department May Propose New Accessible Website Regulations as Early as July 2013
Posted in Department of Justice, Legislative/Regulatory Actions, WebsiteBy Minh N. Vu Title II Changes Come First: The Department of Justice (DOJ) recently announced a new July 2013 date for issuing a Notice of Proposed Rulemaking (NPRM) to amend its Title II ADA regulations that would address the obligations of state/local governments to make their websites accessible to and usable by individuals with… Continue Reading
Justice Department Requires University to Adopt Extensive Measures for Students With Food Allergies
Posted in Department of Justice, Lawsuits, Investigations & SettlementsBy Minh N. Vu The U.S. Department of Justice (DOJ) recently announced a settlement with Lesley University requiring it to take comprehensive measures to accommodate the needs of students with food allergies. Under the agreement, the university must: Provide allergen and gluten-free food choices to students with food allergies at all dining venues; Allow students… Continue Reading
Justice Department Joins Plaintiffs in Alleging ADA Violations by Law School Admission Council
Posted in Department of Justice, Lawsuits, Investigations & SettlementsBy Virginia E. Robinson The U.S. Department of Justice (DOJ) moved this week to intervene in a class action lawsuit brought against the administrators of the Law School Admission Test (LSAT), alleging “widespread and systemic deficiencies” in the way that testing accommodation requests are processed. The underlying suit, which was initiated in April by the… Continue Reading
Businesses: Brace For an Onslaught of ADA Lawsuits Alleging Inaccessible Websites
Posted in Department of Justice, Lawsuits, Investigations & Settlements, WebsiteBy Minh N. Vu For more than a decade, courts have struggled with the question of whether the ADA’s coverage of twelve “places of public accommodation” (e.g., places of lodging, entertainment, retailers, restaurants, service establishments) is limited to physical places, or whether they can be virtual. The answer to this question dictates whether virtual places,… Continue Reading
Highlights From Access Board Webinar On New ADA Mini-Golf Course Requirements
Posted in 2010 ADA Standards, Department of Justice, Physical AccessibilityBy Eden Anderson On June 7, 2012, the United States Access Board (“Access Board”) hosted a webinar to discuss new accessibility requirements for miniature golf courses. We listened in and summarize program highlights here. On September 15, 2010, the Department of Justice (“DOJ”) issued new regulations adopting the 2010 ADA Standards for Accessible Design (“2010… Continue Reading
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