Legal Resources

The Following Cases Impact the Rights of People with Disabilities:

Americans with Disabilities Act Cases - Supreme Court

• United States v. Georgia et al., 546 US (2006) - U.S. Supreme Court holds that Title II of the ADA validly abrogates state sovereign immunity at least insofar as it creates a private cause of action for damages against States for conduct that violates the Constitution.
• Raytheon Co. v. Hernandez, 540 U.S. 44, Dec 02, 2003
• Spector v. Norwegian cruise Line Ltd., 125 S.Ct. 2169, June 6, 2005
• Tennesse v. Lane, 547 U.S. 509, May 17, 2004
• Gonzaga University v. Doe, 122 S.Ct. 2268 (2002) (Enforcement of Federal Rights)
• Barnes v. Gorman, 122 S.Ct. 2097 (2002) (Punitive Damages under ADA Title II/Section 504)
• Atkins v. Virginia, 122 S.Ct. 2242 (2002) (Death Penalty for People with Mental Retardation)
• Chevron v. Echazabal, 122 S. Ct. 2045 (2002)
• Olmstead v. L.C., 527 U.S. 581 (1999)
• Sutton v. United Airlines, 119 S. Ct. 2139 (1999)
• Murphy v. United Parcel Service, 118 S. Ct. 2133 (1999)
• Board of Trustees of the Univ. of Alabama v. Garrett, 531 U.S. 356 (2001)

Americans with Disabilities Act Cases - 8th Circuit Court of Appeals

• Alsbrook v. City of Maumelle, 184 F.3d 999 (8th Cir 1999)
• Debose v. Nebraska, 207 F. 3d 1020 (8th Cir. 2000)

Individuals with Disabilities Education Act Cases

• Schaffer v. Weast,The Supreme Court answers who bears the burden of proof under IDEA. The Court held, in a 6-2 opinion that the burden of proof in an IDEA administrative hearing is to be born by the party seeking relief.
• Board of Education of the Hendrick Hudson School District v. Rowley, 458 U.S. 176 (1982)
• Irving Independent School District v. Tatro, 486 U.S. 883 (1984)
• Honig v. Doe, 484 U.S. 305 (1988)
• Cedar Rapids Community School District v. Garret F., 119 S. Ct. 992 (1999)

Laws Impacting the Rights of People with Disabilities

Arkansas State Laws

• An act to create the comprehensive children's behavioral health system of care plan
• An act to ensure the continuity of mental health services for juveniles in their communities; to address the out-of-state placement of children for mental health services and treatment; to clarify the requirements for an assessment or screening
• An act to make an appropriation for the child and adolescent service system program for the Department of Human Services - Division of Behavioral Health for the biennial period ending JUNE 30, 2007
• An Act To Amend Reporting On Emotionally Disturbed Youth
• Arkansas Civil Rights Act of 1993 (Ark. Code Ann. 16-123-101 Et.Seq.)
• Arkansas Fair Housing Act (Ark. Code Ann. 16-123-201 et.seq.)

Federal Laws

• Americans with Disabilities Act
• Individuals with Disabilities Education Improvement Act of 2004 (IDEA was reauthorized in 2004)
• Family and Medical Leave Act of 1993.
• Rehabilitation Act
• Fair Housing Act
• Air Carrier Access Act and how to file a complaint
• Architectural Barriers Act
• Civil Rights of Institutionalized Persons Act

Where to File Complaints Alleging Discrimination Based on Disability under the Americans with Disabilities Act

• Title I Complaint: How to file a charge with the Equal Employment Opportunity Commission (EEOC)
• Title II Complaint
• Title III Complaint

Disability Law Lowdown ASL Podcasts

The first ever video podcast in American Sign Language has being launched on the Disability Law Lowdown website at ASL.DisabilityLawLowdown.com. The Disability Law Lowdown ASL podcasts will bring a new level of service to the Deaf community by expanding traditional audio-only podcasts to include video that allows subscribers too see native Deaf speakers signing the show's content. The podcasts will deliver the latest in disability law information every other week via American Sign Language, captioning, voice-over, and transcripts to maximize accessibility.

Questions?

Call 1-800-482-1174 or Contact DRC