DRC Case Archive
DRC Seeks Barrier Removal at Main Mall in Crossett
DRC continued its efforts to protect the rights of Arkansans with disabilities across the state on September 29, 2003, when it filed a federal lawsuit against Lipco, Inc. The complaint alleges that the Defendant is discriminating against people with disabilities by failing to remove architectural barriers at Main Mall in Crossett in violation of Title III of the ADA.
DRC Files Lawsuit Against Little Rock Restaurateurs
Disability Rights Center filed a complaint in federal court on September 2, 2003 against Mt. Fuji Corporation and I-430 L.L.C. alleging that the Defendants, by refusing to remove architectural barriers at Mount Fuji Restaurant in Little Rock, Arkansas, are violating Title III of the Americans with Disabilities Act (ADA) by discriminating against individuals with disabilities on the basis of their disability.
Settlement Agreement will result in Barrier removal at Sim's Bar-B-Que No. 2 of Little Rock
DRC and Sim's Bar-B-Que No. 2 of Little Rock entered into a settlement on August 27, 2003, under which the latter agreed to make its restaurant, "readily accessible to and usable by persons with disabilities by removing architectural barriers located in the parking lot, front entrance, and men's and women's restrooms. Sim's Bar-B-Que No. 2 agreed to remove the barriers within 90 days of the signing of the Settlement Agreement by the parties.
Updated 1-13-05: Sims Bar-B-Que No. 2 finally removed their architectural barriers in the women's and men's bathrooms. The bathrooms were the final barrier removal to be completed in order for Sims to be in compliance with the terms of the Settlement Agreement. Sims now has two newly renovated bathrooms that substantially comply with the ADAAG standards.
Settlement will result in Shogun Restaurant accessibility
On July 16, 2003, U.S. District Judge George Howard Jr. approved a settlement of the complaint filed by DRC against the Shogun Japanese Steakhouse and Sushi Bar, located at 2815 Cantrell Road in Little Rock, alleging non-compliance with the Americans with Disabilities Act (ADA). Specifically, the complaint cited parking spaces that weren't wide enough, were bordered by improper curbs, and weren't properly marked; improperly placed curb cuts; stairs without a ramp; an entry door without a proper handle that doesn't open wide enough, and inaccessible rest rooms. In accordance with the settlement, all these features will be corrected within 90 days. Problems with Shogun were identified through a DRC campaign conducted last year to identify Pulaski County restaurants that did not comply with the ADA.
Arkansas Supreme Courts Issues Its Opinion on the Lakeview School Case
Arkansas is failing its 450,000 school children, according to an opinion of the Arkansas Supreme Court in Lake View School District No. 25 of Philips County, Arkansas Et.Al., Vs. Governor Mike Huckabee Et.Al.
11th Circuit Finds No Private Right of Action Under the Air Carrier Access Act
On October 31, 2002, the 11th Circuit, relying heavily on the Supreme Court's decision in Alexander v. Sandoval, ruled against a plaintiff raising a disability claim in Love v. Delta Air Lines, No. 02-10223. The court ruled that there is no private right of action to bring a disability claim in federal district court under the Air Carrier Access Act of 1986, 49 U.S.C. Section 41705, which prohibits air carriers from discriminating against persons with disabilities.
Olmstead
The United States Supreme Courts post a decision in the case of Olmstead vs. L.C..
Arkansas Published Proposed Olmstead Plan
On October 14, 2002, the Governor's Integrated Services Task Force and The Arkansas Department of Human Services Published for comment "The Olmstead Plan in Arkansas".
Disability Rights Center comments to the Olmstead Plan in Arkansas.
Other Comments to the Olmstead Plan in Arkansas
An update on the settlement of the Olmstead Case.
Texas Releases Report on Impact of Medicaid Funding Option; Passes Funding Rider
The Texas Department of Human Services recently issued a report with data on the fiscal and administrative impact of consumer directed Medicaid funding. Texas is one of only a handful of states allowing the "money to follow the person".
Information about State/Advocates efforts to develop comprehensive effectively working state Olmstead plans for moving unnecessarily institutionalized persons into the community with support.
Texas Releases Olmstead Plan
On December 2, 2002 the State of Texas released its response to the United States Supreme Court decision in Olmstead v. L.C..
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