“They’re very controversial,” Kennedy told Fox 2. “The question is, what good do they do? Do the businesses actually make permanent changes that benefit the community or not?”

According to Fox 2, one man in the area has sued more than 70 businesses over the past five years for alleged ADA violations, including missing bathroom signage and doors that are less than the required width. 

The owner of one restaurant told Fox 2 the lawsuits feel “less like an effort to make the community more accessible and more like an opportunistic pattern targeting local businesses.”

Kennedy is further quoted in the article, saying that the ADA requires older buildings to make relatively easy and inexpensive modifications to comply with the law. But he adds that the standards are subjective. 

“You can read the regulations for a long time and never know the answer to that,” he said.

The attorneys at Kennedy Hunt P.C. are experts in the ADA and disability law. If you or someone you know has been a victim of disability discrimination, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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The revision also requires the passenger to provide documentation of the animal’s certification, as well as of their own disability(ies). It’s worth noting that only dogs are considered support animals under this change, leaving all other animals restricted from traveling with their owners’ on planes as support animals. 

What’s more, emotional support animals are now considered as pets under the revision. If brought on a plane, the passenger would have to pay pet travel fees. In the past, emotional support animals were allowed on planes and not charged fees. 

The Americans with Disabilities Act does not consider emotional support animals as service animals. Similar to the Air Carrier Access Act revisions, the ADA defines a service animal as “a dog that has been individually trained to do work or perform tasks for an individual with a disability.” Under the ADA, emotional support animals do not fall under the service animal category and thus the ADA does not provide a right to an emotional support animal. 

Notably, though, the Fair Housing Act and certain state laws do provide rights to an emotional support animal. For example, the Illinois Human Rights Act in Housing protects the right to an emotional support animal. But the Missouri Human Rights Act does not. Though housing and transportation certainly are different, the discrepancies between the federal and state agencies may prove the lack of widespread understanding of the value and necessity of emotional support animals. 

Curt Decker, executive director of the National Disability Rights Network, spoke with NPR about the harm these new regulations pose to travelers. 

“Now people who do feel they need this kind of support and cannot afford [to pay the pet fee] will now be eliminated from flying,” Decker said. 

The new Air Carrier Access Act rules went into effect at the beginning of 2021. 

If you or someone you know has been a victim of unfair treatment related to a support animal, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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On her very first day as a dispatcher for the Murphysboro Police Department and throughout her entire employment, our client was subjected to unwanted sexual comments by Mr. Johnson and Mr. Roberts. Things worsened when our client disclosed to the Police Department she had an ADHD diagnosis, a qualifying disability under the Americans with Disabilities Act. Mr. Johnson refused to continue training our client and began calling her cruel and demeaning names because of her diagnosis. Our client reported the harassment at the end of December 2016.  She was terminated approximately two weeks later.

By subjecting our client to such a hostile work environment, the City of Murphysboro violated Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Illinois Human Rights Act and the Fourteenth Amendment of the United States Constitution. The City was aware of the actions of Mr. Johnson and Mr. Roberts but did nothing to remedy their ongoing misconduct. Instead, the City terminated our client in retaliation for her complains, which is also against the law. Our client is seeking damages including lost wages and benefits, front wages, emotional distress damages, compensatory damages, punitive damages, pre- and post-judgment interest, and attorney’s fees and costs.

WPSD, the Southern Illinoisan and Belleville News Democrat recently published articles on the lawsuit. For further information, please contact attorney Sarah Jane Hunt at 314-880-4463 or sarahjane@tkennedylaw.com.

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The lawsuit alleges that the city of Springfield, Illinois unlawfully discriminated against Plaintiff, Individual Advocacy Group, who provides in-home services for our clients, a group of disabled adults. The city discriminated against those adults by imposing an ordinance preventing them from living 600 ft. within another group home and failing to grant an accommodation for a conditional use permit to allow them to stay in the home. By denying such a reasonable accommodation, the city’s actions constituted a violation of the Fair Housing Act and the Americans with Disabilities Act.

After oral argument on July 13, 2017, Judge Richard Mills issued a preliminary injunction preventing the city from enforcing the ordinance and evicting the individuals who live inside the home. If evicted, these individuals could face institutionalization. The city immediately appealed.

Judge Joel Flaum determined that our clients’ request for the accommodation was reasonable under the Fair Housing Act and the Americans with Disabilities Act. A failure to grant such an accommodation is a violation of those laws. This opinion affirms Judge Richard Mills’ decision, and found that the preliminary injunction is proper. This decision ensures our clients will not face the threat of eviction and institutionalization during pendency of the litigation. The opinion can be read here.

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The lawsuit brought by the DOJ alleges that the City of Springfield has violated the Fair Housing Act through housing practices which treat individuals with disabilities less favorably than those without disabilities. This lawsuit seeks a court order preventing Springfield from enforcing the 600 ft. spacing requirement between group homes for persons with disabilities, at our clients’ location as well as elsewhere in the city. The lawsuit also seeks monetary damages to compensate the victims of these practices and ordinances, and payment of a civil penalty.

The press release issued by the Department of Justice can be read here.

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