For example, Harvard Law School now offers a course on “complex problem solving” in the first year, see Kagan, E., “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).+(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++(last+visited+January+27,+2009).>Google Scholar

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If you are interested in reading more about this project from the public right-of-way perspective, see Pendo, E., “Taking it to the Streets: A Public Service Project for Disability Discrimination Law,” Saint Louis University Law Review (2010): Forthcoming.Google Scholar

42 U.S.C. §§ 12131–12134.Google Scholar

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).Google Scholar

28 C.F.R. § 35.130(b)(7) (2008).CrossRefGoogle Scholar

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).Google Scholar

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 <http://www.access-board.gov/adaag/ADAAG.pdf> (last visited December 15, 2009).+(last+visited+December+15,+2009).>Google Scholar

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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).+(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++(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).>Google Scholar

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.Google Scholar

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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).+(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++(last+visited+January+29,+2010).>Google Scholar

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Patterson, Steve 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).Google Scholar

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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.+(last+visited+February+1,+2010).+There+is+a+specific+entry+for+“accessibility”+in+the+index.>Google Scholar

“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.Google Scholar

The accessibility evaluation project for public accommodations in Ruth Colker's casebook could be used to evaluate physician's offices. Colker, R., The Law of Disability Discrimination, 7th ed. (Newark: LexisNexis, 2009): 482–501.Google Scholar

42 U.S.C. § 12101(a)(3) (2000); see also Crossley, M., “Becoming Visible: The ADA's Impact on Health Care for Persons with Disabilities,” Alabama Law Review 52, no. 1 (2000): 51–89, at 51 n.3 (collecting citations from legislative history).Google Scholar

See Pendo, E., Disability, “Equipment Barriers and Women's Health: Using the ADA to Provide Meaningful Access,” Saint Louis University Journal of Health Law & Policy 2, no. 1 (2008): 15–56, at 29 n. 71 (collecting citations from regulations and technical assistance manuals).Google Scholar

29 U.S.C. § 701(a)(1) (1994).Google Scholar

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).Google Scholar

See 42 U.S.C. § 12181(7)(F) (2000); 42 U.S.C. § 12182(a) (2000); 28 C.F.R. § 36 app. B at 696 (2008) (the office of a health care provider may be included even if it is located in a private home).Google Scholar

See 42 U.S.C. §§ 12182(b)(2)(A), 12183(a) (2000).Google Scholar

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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). (last visited February 1, 2010).' href=https://scholar.google.com/scholar?q=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++(last+visited+February+1,+2010).>Google Scholar

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