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- Title
Recent Developments in Government Operations and Liability The Ever Expanding Scope of the Americans with Disabilities Act: Whether Title II of the ADA Applies to Zoning Issues.
- Authors
Dalton, Daniel P.; Miller, Brett J.
- Abstract
The focuses on the Americans with Disabilities Act (ADA) and its impact on zoning issues in the U.S. The ADA has expanded into the area of zoning and the Department of Justice's requirements of accommodation. Federal courts maintain that the ADA applies to local zoning issues. However, after years of ADA aggrandizement, many courts have assumed that the act applies to local governments. The legislative history of the ADA is presented. It is said that neither Title I nor II of the ADA include an accommodation provision wherein governmental entity would be obligated to accommodate a group or individual's disability. The Department of Justice has promulgated a regulation adding an accommodation provision to Title II.
- Subjects
UNITED States; LEGISLATIVE bills; DISABILITY laws; ZONING; UNITED States. Dept. of Justice; FEDERAL courts; LOCAL government; DELEGATED legislation; COURTS
- Publication
Urban Lawyer, 2006, Vol 38, Issue 3, p613
- ISSN
0042-0905
- Publication type
Article