code enforcement can constitute a benefit of the services, programs, or activities of a public entity under Title II.) also opened the door to prison reform litigation. Yeskey e.g. Disability Law Center v. 2012 WL 1237760 (D. Mass. 2012) lawsuit brought Massachusetts Dep’t of Corrections, against Massachusetts alleging that housing mentally ill prisoners in solitary confinement violated the ADA. Settlement agreement reached to address systemic issues. Slide 55- Top ADA Case States not immune from ADA suits seeking access to courts. Tennessee v. Lane – Slide 56- for Courthouse Access 541 U.S. 509 (2004) Tennessee v. Lane, Two Tennessee residents with paraplegia were denied access to judicial proceedings because those proceedings were held in courtrooms on the second floors of buildings lacking elevators. Beverly - court reporter couldn’t get to work George Lane defendant couldn’t get to courtroom – Tennessee: Immune from Title II suits under the 11th Amendment. Plaintiffs argued that there should at least be liability for injunctive relief under Garrett (Title I case). Also contended money damages should be available citing a stronger history of discrimination by states under Title II. Slide 57- Courthouse Access Tennessee v. Lane – Supreme Title II abrogated state sovereign immunity - can bring ADA damage cases for denial of court access Extensive history of discrimination regarding public access Money damages may be awarded for lack of access to courts. Also documented the history of state-sponsored discrimination against people with disabilities in many different areas, including voting, education, institutionalization, marriage and family rights, prisoners’ rights, access to courts, and zoning restrictions. Recent Extension of to others in judicial process: 2015 Lane Prakel v. State of Indiana, WL1455988 (S.D. Ind. Mar. 30, 2015), (court spectator can sue under Title II for denial of interpreter in case where his mother was a criminal defendant.) Open issue: Does Lane extend beyond court access to other state and local government services?
code enforcement can constitute a benefit of the services, programs, or activities of a public entity under Title II.) Yeskey also opened the door to prison reform litigation. e.g. Disability Law Center v. Massachusetts Dep’t of Corrections, 2012 WL 1237760 (D. Mass. 2012) lawsuit brought against Massachusetts alleging that housing mentally ill prisoners in solitary confinement violated the ADA. Settlement agreement reached to address systemic issues. Slide 55- Top ADA Case Tennessee v. Lane – States not immune from ADA suits seeking access to courts. Slide 56- for Courthouse Access Tennessee v. Lane, 541 U.S. 509 (2004) Two Tennessee residents with paraplegia were denied access to judicial proceedings because those proceedings were held in courtrooms on the second floors of buildings lacking elevators. Beverly - court reporter couldn’t get to work George Lane – defendant couldn’t get to courtroom Tennessee: Immune from Title II suits under the 11th Amendment. Plaintiffs argued that there should at least be liability for injunctive relief under Garrett (Title I case). Also contended money damages should be available citing a stronger history of discrimination by states under Title II. Slide 57- Courthouse Access – Tennessee v. Lane Supreme Title II abrogated state sovereign immunity - can bring ADA damage cases for denial of court access Extensive history of discrimination regarding public access Money damages may be awarded for lack of access to courts. Also documented the history of state-sponsored discrimination against people with disabilities in many different areas, including voting, education, institutionalization, marriage and family rights, prisoners’ rights, access to courts, and zoning restrictions. Recent Extension of Lane to others in judicial process: Prakel v. State of Indiana, 2015 WL1455988 (S.D. Ind. Mar. 30, 2015), (court spectator can sue under Title II for denial of interpreter in case where his mother was a criminal defendant.) Open issue: Does Lane extend beyond court access to other state and local government services?