Tag: SCOTUS

Supreme Court to Decide Standard for Proving Disability Discrimination in Schools

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By Kendall Eaton, Esq. 

A.J.T. v. Osseo Area Schools 

On January 17, 2025, the Supreme Court of the United States (SCOTUS) agreed to hear the district court case A.J.T. v. Osseo Area Schools out of the 9th Circuit. 

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Law Spotlight: Acheson v. Laufer Infographic

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In December 2023, The Supreme Court of the United States heard Acheson v. Laufer regarding whether ADA ‘testers’ can ensure public entities’ comply with disability and civil rights laws. To read more about this case, check out Disability Activists Closely Watch SCOTUS Case and ADA Supreme Court Case Update: Acheson v. Laufer.

Read more: Law Spotlight: Acheson v. Laufer Infographic
Blue infographic: Acheson v. Laufer Image of a hotel. Text reads: About the Case: Deborah Laugher, a disabled woman filed a lawsuit against Acheson Hotels. In this lawsuit, Laufer said that the hotel website was not accessible under the Americans with Disabilities Act (ADA). Image of the Supreme Court. Text reads: Issue of the case: whether testers can ensure public entitities comply with disability and civil rights laws and also have standing to Sui an establishment for violating the ADA, despite not intending to personally visit the establishment. Image of a group of people in different shades of pink. Text: What are Testers? Testers are individuals that judge the accessibility of a website or location to make sure it meets ADA regulations. Testers are preferred by many disability advocates due to time constraints. Image of gavel. text: SCOTUS Holding: In December 2023, the Supreme Court of the United States (SCOTUS) ruled that the case was moot. Fiding a case moot means that the case no longer required a decision because a solution was found. Image of a judge with gavel in hand. Text: Meaning of Ruling: lower courts, not SCOTUS, will decide if people can be testers for the ADA or not. This means that some states and circuits may allow testers for the ADA, while others will not. Image of the scales of justice. text: affect of Ruling: the positive impact is that the SCOTUS decision did not change the ADA in any way. The negative impact is that it still leaves the question of whether we can have testers for compliance with the ADA or not. The National Center for Disability, Equity, and Intersectionality www.Thinkequitable.com

Image of a flashlight shining on a black background. Flashlight illuminates text: Disability Law Spotlight: Grants pass v. Johnson The National Center for Disability, Equity, and Intersectionality

Disability Law Spotlight

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Update: SCOTUS Reaches Decision on City of Grants Pass v. Johnson

By Kendall Murphy, JD
Legal Advocate, Project HEAL (Health, Education, Advocacy, and Law)
Kennedy Krieger Institute  

Note: highlighted words can be found in the Key Terms Section at the bottom of this page. 

Update:

The Supreme Court of the United States (SCOTUS) decided the case of The City of Grants Pass v. Johnson on June 28, 2024. In this case, Gloria Johnson argued that the Grants Pass ordinance violated the Eighth Amendment because it criminalized homelessness by punishing homeless people who slept on public streets, alleyways or sidewalks.  

By a vote of 6-3, the justices ruled that ordinances that regulate sleeping on public property do not violate the Eighth Amendment’s prohibition against cruel and unusual punishment. This decision allows cities like Grants Pass, Oregon, to enforce laws that restrict sleeping on public property, even if it affects homeless individuals.  

This decision will negatively impact homeless people, especially those with mental health conditions and disabilities. As Justice Sotomayor noted in her dissent, the majority’s ruling focuses almost exclusively on the needs of local governments and leaves the most vulnerable in our society with an impossible choice: either stay awake all night or be arrested. Justice Sotomayor recognizes that in a society where those with mental health conditions are at greater risk of homelessness and where less than 5% of housing in the United States is accessible for moderate mobility disabilities, Grants Pass will harm people across disabilities, especially Black, Native American, and LGBTQIA2S+ individuals, survivors of domestic violence, and veterans.  

In 2018, Debra Blake, who has since passed away, filed a complaint in the United States District Court for the District of Oregon, challenging an ordinance that limited the outdoor sleeping areas available to homeless people. The ordinance punished homeless people by not allowing individuals to sleep in public streets, alleyways or sidewalks. Although there was an allowance for homeless people to sleep in public parks, the ordinance prohibited individuals from using camping materials, bedding, or parked overnight vehicles for the purpose of maintaining a temporary place to live. Repeat violators would be banned from public parks for 30 days or face criminal trespass charges. The district court issued a permanent injunction which provided the relief that the anti-camping restrictions could only be enforced during the day and with a 24-hour warning from law enforcement. 

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