AIDS and the Law, Fourth Edition
Chapter 4: Access to Public Services and Accommodations
§ 4.01 Introduction
[A] Ongoing Problem of Discrimination
[B] Chapter Summary
§ 4.02 Americans with Disabilities Act
[A] Definition of Disability
[B] Attorney's Fees
[C] ADA Title II: Discrimination by Public Entities
[1] Definition of Public Entity
[2] Definition of Discrimination
[3] Definition of Qualified Individual
[a] Direct Threat Defense
[b] Judicial Rulings on Direct Threat
[5] Enforcement and Remedies
[a] Private Cause of Action
[b] Administrative Complaint Enforcement
[d] State Sovereign Immunity Defense
[6] Specific Applications to Public Entities
[a] Government Benefits Programs
[b] State Licensure Agencies
[c] State and Local Prisons and Jails
[d] Public Schools and Educational Institutions
[e] Municipal Zoning Laws
[e] ADA Challenges to State Common Law Doctrines
[D] ADA Title III: Public Accommodations and Commercial Facilities
[1] Section 302 Public Accommodation Discrimination
[2] Section 303 Commercial Facility Discrimination
[3] Private Club and Religious Organization Exemptions
[4] Enforcement and Remedies
[a] Mootness and Standing Defenses
[b] Attorneys Fees and Administrative Exhaustion Requirements
[c] Justice Department Enforcement
[5] Definition of Public Accommodation
[6] Definition of Discrimination
[a] Direct Threat Defense
[i] Bragdon v. Abbott
[ii] Judicial Rulings on Direct Threat
[4] Specific Title III Applications
[a] Health Care Providers
[b] Funeral Services
[c] Health Clubs and Recreational Facilities
§ 4.03 Rehabilitation Act of 1973
[A] Elements of Rehabilitation Act Cause of Action
[B] Relationship Between Rehabilitation Act and ADA
[C] Application of the Rehabilitation Act to HIV Discrimination
[D] Enforcement and Remedies
§ 14.04 Other Federal Statutory Right of Access Provisions
[A] Air Carrier Access Act
[B] Emergency Medical Treatment and Active Labor Act
[C] Hill-Burton Act
§ 14.05 Constitutional Claims
§ 14.06 State Law Disability Discrimination
[A] District of Columbia
[B] Hawaii
[C] Illinois
[D] Maine
[E] Minnesota
[F] New York
[G] Ohio
