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.
The Exorbitant Price of Free Speech; Defending High School Coach Ken Leonard from Illinois Governor Pritzker’s Bully Pulpit
October 19, 2020
October 4, 2017
February 26, 2019
November 12, 2018
Preserving Prometheus’ Precious Gift1: Title II of the Americans with Disabilities Act Imposes Affirmative, Anti-Discrimination Obligations Upon Municipalities, Providing a Seemingly Unwelcome Model for the Enforcement of Traditional Civil Rights LegislationJun 1, 2020 | Education, Youth, & Culture