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Disability Law - Coggle Diagram
Disability Law
Application to Specific Areas of the State Government
Disability-Specific Systems and Unnecessary Institutionalization
the ADA prohibits discrimination against IWD’s in the provision of public services
(Davis v. Shah)
Medicaid Act’s “comparability” provision
42 U.S.C. § 1396(a)(10)(B)
requires that medical assistance made available to any categorically needy individual shall not be less in amount, duration, or scope than assistance made available to any other such individual
(Davis v. Shah)
(United States v. Mississippi)
Incarceration
Exposing detainees to extreme temperatures without adequate protection can constitute a violation of their Fourteenth Amendment rights
(Cadena v. El Paso)
Jail officials cannot claim qualified immunity when they disregard clear signs of serious medical needs resulting from such conditions
(Cadena v. El Paso)
Personal involvement of high-level government officials in the alleged constitutional violation
(Andrews v. Rauner)
Prison officials have an affirmative duty to evaluate the needs of disabled inmates and provide reasonable accommodations, even without specific request from the inmate
(Pierce v. District of Columbia)
Civil Participation
Blind voters
(Nelson v. Miller)
Courts balanced constitutional rights against state interests in election administration during the COVID-19 pandemic
(Drenth v. Boockvar)
Categorical exclusion of PWD’s from civic participation, specifically jury service, violates federal disability law
(Galloway v. Superior Court)
Travel From Place to Place
Street resurfacing constitutes an "alteration" under the ADA, requiring
the installation of curb ramps
(Kinney v. Yerusalim)
Remedies
Injunctions
Constitutional Question
Sterilization
(Buck v. Bell)
Rational Basis
(City of Cleburne v. Cleburne Living Center)
Institutionalization
Due Process
(Youngberg v. Romeo)
(Heller v. Doe??)
Board of Trustees of the University of Alabama v. Garrett
Tennessee v. Lane
United States v. Georgia
Title III: Public Businesses and Accommodations
"No individual shall be discriminated against on the basis of disability in the
full and equal enjoyment
of
"Places of Public Accommodation" and "Commercial Facilities: 12 Categories
LOOK AT POWERPOINT 1/1
Place of lodging
Restaurant, bar, or other establishment serving food or drink
Motion picture house, theatre, concert hall, stadium
Auditorium, convention center, lecture hall
6, Laundromat
Gumnasium, health spa, bowling alley, gold course, or other place of exercise or recreation
Day care center, senior citizen citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
Discrimination under Title III is defined to include
Failure to make reasonable modifications of:
Policies
Practices
Procedures
Failure to take steps to make facilities physically accessible
Defenses to a charge of discrimination:
Undue Burden
Fundamental Alteration
What is "Readily Achievable"
Origins of Disability Law
States have a compelling interest
Buck v. Bell
Discrimination Standards
Rational Basis
Law aims to protect PWD
Cleburne
Private Housing and Public Accommodations
Basics
Discrimination Defined
Failure to make reasonable modifications of policies, practices, and procedures
Failure to take steps to make facilities physically accessible
Defenses to a Charge of Discrimination
Undue Burden
Fundamental Alteration
What is “Readily Achievable”
"Places of Public Accommodation" and "Commercial Facilities"
Public Accommodations
Place of lodging
Restaurant, bar, or other establishment serving food or drink
ADA
Definition of a Disability (ADA)
A physical or mental impairment that substantially limits one or more major life activities of such individual;
A record of such impairment; or
Being regarded as having such an impairment
Education
IDEA (Individuals with Disabilities Education Act)
FAPE (Free Appropriate Public Education)
All students with disabilities have FAPE
Requirements
Qualifying DIsability
Special education resources because of disability
IEP (Individualized Education Plan)
Obligation of school districts
Must have evaluation
Education