Examines the Americans with Disabilities Act (ADA), discusses rights disabled individuals are entitled to under the Act, and gives a brief overview of legislation designed to protect the disabled in areas not covered by the ADA. Covers areas of employment, transportation, public accommodations, telecommunications, and law enforcement. An appendix provides selected provisions of the ADA, sample forms, and texts of settlement agreements. Includes a glossary. No index. Annotation copyrighted by Book News, Inc., Portland, OR
The Excuse Factory will spur outrage and spark a national debate about the role of government in the workplace. Olson's expose is certain to shake up the legal industry, rattle government regulators, and cause thousands of workers and managers to nod in vigorous agreement.
(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
For 38 years my law practice has represented physically disabled persons in civil rights cases challenging architectural barriers and other forms of disability discrimination. A major motivation has been observing the amazing courage of many of my disabled clients. Physically disabled persons face daily challenges unthinkable to able-bodied persons; yet many are still willing to use their time and energy to work in the public interest to improve conditions for others. This book is intended to give a general outline of the law regarding access to public accommodations for disabled persons under California laws first passed in 1968, and then under the Americans with Disabilities Act of 1990. Portions of the book outline important legal precedents that may be of use to disabled persons and their attorneys and supporters when they decide to take action to enforce their rights to full and equal access to public accommodations. Each action may also have a ripple effect which will benefit every disabled person who is later able to use the improved facilities, and a further ripple effect if it motivates voluntary access improvements by building owners and/or their tenants. The more access barriers that are removed, the more businesses that disabled persons (and their companions) can patronize and spend their money in. Voluntary compliance will result in less need for litigation and less need for paying attorney fees to plaintiff attorneys and defense lawyers. Most disabled rights attorneys are working for the day when our society is fully accessible to persons with disabilities, and litigation will no longer be necessary. But until that day comes, disabled access litigation should remain an essential tool in the fight to achieve an accessible society. Law Offices of Paul L. Rein Oakland, CA 94612 (510) 832-5001
This report is based on the public hearing on the Americans with Disabilities Act which the U.S. Commission on Civil Rights held on November 12-13, 1998 to "investigate how the ADA was accomplishing its objectives of ensuring equality, independence, and freedom for people with disabilities"--P iii
"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics
