ADA Litigation in the United States

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ADA Human Rights Litigation in the U.S.A.

Update on recent litigation over the Americans with Disability (ADA) law protecting the human rights of the disabled in the United States of America.

U.S. Supreme Court[edit]

In 2008, the U.S. Supreme Court refused to hear two important ADA cases. The Supreme Court denied a writ of certiorari petition in Danisha Tetreault, et al. v. Elaine Houghton, et al., (no. 07-9710). U.S. Supreme Court Docket.[1] The ADA litigation sought review of two related WA State Supreme Court case (no. 80613-6 and no. 80725-6) brought by attorney Ernest M. Edsel of the NCLC of WA, a non-profit public interest law firm. The U.S. Supreme Court petition raised important constitutional questions with respect to whether the appellate and trial courts discriminated against a deaf litigant when the state appellate judges and state trial court judge refused to provide any of the accommodations required by the ADA federal law.[2] The petition also addressed United Nations law and the human rights of minors who are subjected to parental rights termination (PRT) cases in the State of WA and other states that refuse to assign attorneys to minors in PRT cases.

WA State Supreme Court[edit]

In 2007, the Washington State Supreme Court, in Danisha Tetreault, et al. v. Elaine Houghton, et al., No. 80613-6, refused to hear an original mandamus action that sought to compel the judges and administrator of the WA Court of Appeals (2nd Division) and the trial court judge to comply with applicable federal ADA laws protecting deaf litigants with cases before WA appellate and trial courts.[2] The WA Supreme Court held that the case belonged in U.S. District Court where the litigants could sue over ADA violations resulting from WA State appellate and trial judges refusing to provide a deaf mother in a Parental Rights Termination proceeding with real-time transcription during court hearings that she attended. See, In re Welfare of M.S.T., State v. Dale T. and Danisha T., WA State Court of Appeals, Second Division, No. 35419-5-II (2007).

External links[edit]

References[edit]

  1. ^ Supreme Court Docket 07-9710[dead link]
  2. ^ a b FindLaw Locator