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The Department also intervened to defend the constitutionality of the ADA’s abrogation of sovereign immunity for title II claims.

The Fifth Circuit ruled that the title II claim against the school district was indistinguishable from the IDEA claim and therefore should be dismissed and that the title II claim against the State was barred by sovereign immunity.

It rejected the theater chains’ arguments that a comparable line of sight is merely an unobstructed view and that the integral seating requirement only means that accessible seating can be placed anywhere in the theater where there is general public seating. Neither the State nor the county has undertaken structural changes that would allow physical access or provided services in alternative accessible ways. Attorney had received a complaint alleging that Bette Bus does not provide wheelchair-accessible vans and that Bette Bus staff refused to allow the complainant to take her wheelchair with her on its inaccessible vans. The complaint seeks injunctive relief throughout Tillman’s and Century Management’s chain of Mc Donald’s restaurants, compensatory damages for the complainant, and civil penalties. Croft -- The Department filed a motion to intervene in the United States District Court for the District of Arizona in a case alleging that Dr. Croft and Arizona Bone & Joint Specialists, Ltd., a sports medicine practice with offices in Phoenix and Scottsdale, Arizona, refused to provide the plaintiff with medical services, including orthopedic surgery, because he identified himself as being HIV positive. Wells -- The Solicitor General filed an amicus brief in the Supreme Court on the issue of whether physicians who are shareholder directors of a medical practice that is incorporated as a professional corporation are to be counted as “employees” under title I. Court of Appeals for the Ninth Circuit ruled that, because the practice was incorporated, the physicians should be considered as employees of the corporation.

The court ruled, however, that it would only be fair to apply its ruling to theaters constructed or refurbished on or after December 18, 2000, the date upon which the lawsuit was begun. The complaint seeks an order requiring appropriate structural changes, modifications in policies and procedures, and damages. Texas -- The Department intervened in this suit in the U. Court of Appeals for the Fifth Circuit to defend the constitutionality of title II of the ADA. Attorney’s Office for the Western District of Tennessee filed a lawsuit against The Bette Bus Shuttle, Inc., a private provider of fixed route transportation between Memphis, Tennessee, and the airport at Little Rock, Arkansas. The complainant, who has fibromyalgia and nerve damage and uses a wheelchair for full mobility, was required to travel without her wheelchair, severely limiting her ability to leave her hotel room. Attorney’s complaint seeks declaratory and injunctive relief, compensatory damages, and a civil penalty. The Department’s intervention complaint alleges that this refusal to provide treatment because of the plaintiff’s HIV disease violated title III of the ADA. In this particular case, if the four physicians are counted as employees, the medical practice would meet the 15-employee threshold for coverage, but if they are not, the practice would not be covered by title I. The Department’s brief in the Supreme Court argued that, even if the medical practice is incorporated, the physicians should not be considered employees of the corporation if they act independently and participate in managing the business.

Federal Court Finds Widespread New Construction Violations in Movie Theater Chain -- The U. District Court for the Central District of California ruled in that AMC Entertainment engaged in a pattern or practice of failing to design and construct its stadium-style movie theaters in compliance with the ADA Standards for Accessible Design.

Violations at 12 theaters surveyed by the Department include insufficient maneuvering space at doors; insufficient numbers of assistive listening devices; improperly placed or absent visual fire alarms; protruding objects; excessive cross slopes at designated accessible parking spaces; improper or absent signage; auditorium violations, including hundreds of interior ramp slopes that are too steep; and inaccessible toilet rooms.

The district court ruled that the case was barred by sovereign immunity because the Federal Government was acting on behalf of an individual and therefore the government was subject to the same limitations that the individual would have in suing a State agency.

The settlement also requires Cheatham County to provide a text telephone for inmates who are deaf or hard of hearing or who have a speech impairment.

The defendants have filed a notice of appeal in the U. Plaintiffs sued the State of Texas, challenging the State’s five-dollar fee for parking placards as a violation of title II and the title II regulation that prohibits placement of surcharges on measures required by the ADA. The Bette Bus owner acknowledged that the company had purchased at least six 15-passenger vans since 1990, none of which are lift-equipped, and that the company had never provided service to people with disabilities because it thought it was too expensive and would require medical personnel on board. The complaint seeks an order requiring the defendants to make reasonable modifications in their policies, practices, and procedures to ensure that persons with HIV disease will not be discriminated against on the basis of disability and to pay compensatory damages and civil penalties. The brief asks the court to send the case back to the Ninth Circuit for a decision under this standard.

In the court of appeals, the State argued that the Eleventh Amendment barred plaintiffs’ suit and that the regulation and title II were unconstitutional as held by the district court. Auglaize County, Ohio -- The Department reached an agreement with the Auglaize County Sheriff’s Office resolving a complaint by a deaf individual that while in jail he was unable to participate in adult education and other courses due to the sheriff’s office refusal to provide him with a qualified sign language interpreter.

The district court decided that its dismissal of the IDEA claim prevented the plaintiff from making a separate ADA claim because the ADA claim was based on the same facts.

The Department’s amicus brief on appeal argued that the ADA and IDEA claims were distinct and that a ruling on whether educational services are adequate under the IDEA should not bar a claim that a school failed to comply with the ADA’s architectural requirements for alterations when it made physical changes in the facility to accommodate the student.

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