For example, Harvard Law School now offers a course on “complex problem solving” in the first year, see KaganE., “HLS Faculty Unanimously Approves First-Year Curricular Reform” (October 2, 2006), available at <http://www.law.harvard.edu/news/2006/10/06_curriculum.php> (last visited January 27, 2009), and Washington and Lee has devoted its entire third year to professional development through simulated and actual practice experiences, see “The New Third Year: A Message from the Dean” (October 2, 2006), available at <http://law.wlu.edu/thirdyear/> (last visited January 27, 2009).
See PendoE., “Disability, Equipment Barriers and Women's Health: Using the ADA to Provide Meaningful Access,”Saint Louis University Journal of Health Law & Policy2, no. 1 (2008): 15–56.
5.
42 U.S.C. § 12101–12213, Americans with Disabilities Amendments Act, S. 3406 (effective January 1, 2009).
6.
Carnegie Report, supra note 2, at 8.
7.
If you are interested in reading more about this project from the public right-of-way perspective, see PendoE., “Taking it to the Streets: A Public Service Project for Disability Discrimination Law,”Saint Louis University Law Review (2010): Forthcoming.
8.
42 U.S.C. §§ 12131–12134.
9.
28 C.F.R. § 35.150(a) (2008). This obligation is met where the “opportunity to participate in or benefit from the aid, benefit, or service… [is] equal to that afforded others.” 28 C.F.R. § 35.130(b) (1)(ii) (2008).
10.
28 C.F.R. § 35.130(b)(7) (2008).
11.
The classic cases are Barden v. City of Sacramento, 292 F.3d 1073 (9th Cir. 2002), and Kinney v. Yerusalim, 9 F.3d 1067 (3rd Cir.1993). I also assigned a newer case, Frame v. City of Arlington, 575 F.3d 432 (5th Cir. 2009).
12.
Once adopted by the Department of Justice, the ADAAG became the standards for accessible design under Title III. See 28 C.F.R. pt. 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, Final Rule (Title III regulation; subpart C contains requirements for existing facilities, subpart D covers new construction and alterations, incorporating ADAAG as Appendix A); 28 C.F.R. pt. 35 Nondiscrimination on the Basis of Disability in State and Local Government Services, Final Rule (Title II regulation, subpart D contains requirements for existing facilities and new construction and alterations). The ADAAG was updated in 2004, but that version has not yet been adopted. For the full text of the 2004 ADAAG, see U.S. Architectural & Transportational Barriers Compliance Board, Americans with Disabilities Act (ADA), Accessibility Guidelines for Buildings and Facilities, available at <www.access-board.gov/adaag/ADAAG.pdf> (last visited December 15, 2009).
13.
ColkerR., The Law of Disability Discrimination, 7th ed. (Newark: LexisNexis, 2009): at 482–501.
14.
Draft PROWAG (November 23, 2005), available at <http://www.access-board/gov/prowac/draft.htm> (last visited January 29, 2009). See also Public Rights-of-Way Advisory Committee (PROWAAC) Subcommittee on Technical Assistance, Special Report: Accessible Public Right-of-Way Planning and Designing Alterations (July 2007), available at <http://www.access-board.gov/prowac/alterations/guide.pdf> (last visited January 29, 2009). When standards consistent with the final PROWAG guidelines are adopted by the Department of Justice, they will become the new minimum design standards under the ADA for both new construction and alterations of pedestrian facilities in the public right-of-way. 42 U.S.C. §12204(a) (1990).
15.
28 C.F.R. § 35.150 (d) (2008). The transition plan requires that any structural modifications to existing facilities intended to bring them into compliance should have been completed by January 26, 1995.
16.
Department of Justice, ADA Best Practices Tool Kit for State and Local Governments, Chapter 6: Curb Ramps and Pedestrian Crossings, available at <http://www.ada.gov/pcatoolkit/chap6toolkit.htm> (last visited January 29, 2010).
17.
The ADA mandates that a public entity employing fifty or more persons shall designate at least one employee to coordinate its efforts to comply with its Title II requirements, including the investigation of complaints pursuant to a publicly available procedure. ADA Title II Technical Manual, II-8.5000 Designation of responsible employee and development of grievance procedures, available at <http://www.ada.gov/taman2.htm#II-8.3000> (last visited January 29, 2010). Other options include filing an administrative complaint with the Department of Justice, or directly with the Civil Rights Division, and filing a private lawsuit in federal court. Department of Justice ADA Enforcement, available at <http://www.ada.gov/enforce.htm> (last visited January 29, 2010).
18.
28 C.F.R. § 35.149 (d)(4) (2008).
19.
KohlerJ., “When a Woman in a Wheel-chair Was Struck and Killed by an SUV: Path of Resistance,”St. Louis Post-Dispatch, November 10, 2005, at A1.
20.
“Family Wins Verdict for Death of Woman Hit by Car,”Missouri Lawyers Weekly, January 14, 2008.
21.
PattersonSteve followed this story on the Urban Review STL Blog, “a look at public policy, urban planning and related politics in the St. Louis region,” available at <http://www.urbanreviewstl.com/> (last visited February 1, 2010).
22.
KeziosK., “Teaching Access through Advocacy: PROW Public Service Project” (April 23, 2009) (copy on file with author).
23.
KeziosK., “School of Law Students Advocate for People with Disabilities,”Saint Louis Brief (2009): 7.
24.
Program, Profile of HarkinsAnne Marie, 2009 Women's Justice Awards, sponsored by Missouri Lawyers Weekly and the Saint Louis Daily Record (April 2009).
25.
See Urban Review STL Blog, “a look at public policy, urban planning and related politics in the St. Louis region,” available at <http://www.urbanre-viewstl.com/> (last visited February 1, 2010). There is a specific entry for “accessibility” in the index.
26.
“ADA Transition Plan: Do You Have One?,” panelist Elizabeth Pendo (speaking on legal requirements for accessible programs, activities and services under Title II of the ADA), sponsored by the American Institute of Architects, Saint Louis Chapter, and the City of Saint Louis Office on the Disabled, Oct. 20, 2009, Saint Louis, MO.
27.
The accessibility evaluation project for public accommodations in Ruth Colker's casebook could be used to evaluate physician's offices. ColkerR., The Law of Disability Discrimination, 7th ed. (Newark: LexisNexis, 2009): 482–501.
28.
42 U.S.C. § 12101(a)(3) (2000); see also CrossleyM., “Becoming Visible: The ADA's Impact on Health Care for Persons with Disabilities,”Alabama Law Review52, no. 1 (2000): 51–89, at 51 n.3 (collecting citations from legislative history).
29.
See PendoE., Disability, “Equipment Barriers and Women's Health: Using the ADA to Provide Meaningful Access,”Saint Louis University Journal of Health Law & Policy2, no. 1 (2008): 15–56, at 29 n. 71 (collecting citations from regulations and technical assistance manuals).
30.
29 U.S.C. § 701(a)(1) (1994).
31.
29 U.S.C. § 794(b)(3)(A)(ii) (1994). Several courts have found that the receipt of Medicare or Medicaid funds constituted receipt of federal financial assistance within the meaning of the Rehabilitation Act. See, e.g., Henrietta D. v. Bloomberg, 331 F.3d 261, 272 (2d Cir. 2003) (noting lack of dispute on point under Rehabilitation Act and ADA).
app. B at 696 (2008) (the office of a health care provider may be included even if it is located in a private home).
34.
See 42 U.S.C. §§ 12182(b)(2)(A), 12183(a) (2000).
35.
Hubbard v. Twin Oaks Health and Rehab. Ctr, 408 F. Supp. 2d 923 (E.D. Cal. 2004).
36.
Anderson vs. Pennsylvania Dept. of Public Welfare, 1 F. Supp 2d. 459, 459 (E.D. Pa. 1998).
37.
BergP. E., “Ill/Legal: Interrogating the Meaning and Function of the Category of Disability Anti Discrimination Law,”Yale Law & Policy Review18, no. 1 (1999): 1–52, at 4.
38.
ScotchR. K., “Models of Disability and the Americans with Disabilities Act,”Berkeley Journal of Employment and Labor Law21, no. 1 (2000): 213–222, at 214.
39.
National Council on Disability, “The Current State of Health Care for People with Disabilities” (September 30, 2009), available at <http://www.ncd.gov/> (last visited February 12, 2010).
40.
Paraquad, Saint Louis's Center for Independent Living, and its Community Advocates Program was an invaluable source of support for this project. To find your local Center for Independent Living, see searchable index, available at <http://www.ilru.org/html/publications/directory/index.html> (last visited February 1, 2010).
41.
Press Release, Barrier Free Health Care Initiative, Hospitals Join Disability Community to Launch Initiative to Improve Access and Care for People with Disabilities (June 26, 2009), available at <http://thebarrierfreehealthcareinitiative.org/> (last visited February 1, 2010).
