Title II of the ADA (Title II) frees plaintiffs from bearing the burden of the very difficult state of mind element of proof, wherein plaintiffs must prove that a defendant consciously deprived one or more victims of rights protected by the Constitution or other federal laws. Under Title II, the disparate impact standard looks purely to whether (1) a person is disabled, and (2) a covered governmental entity provides the entitled service, benefit, or program.
About The Author
Franklin L. Ferguson, Jr., Esq. prosecutes civil rights violations on behalf of Plaintiffs. From January, 1995 until August 1999 and again from July, 2004 to the present, Franklin has spent his legal career working as a solo practitioner, managing a civil rights practice. Franklin litigates (i.e. civil trials, appeals, administrative hearings and writs), negotiates, and settles cases on behalf of civil rights Plaintiffs.