Disability Discrimination

We have been retained to respond to a disability discrimination claim made against a west suburban DuPage municipality under the ADA. The claimant, a disabled attorney, asserts that the Village violated the Act by failing to remove deposits of snow in sidewalk cur cuts caused by snow plowing the streets. No reported decision addresses whether the ADA imposes that duty upon a public entity nor do the ADA regulations enacted by the Justice Department address the existence of such a duty.

Bill Kurnik concluded that no duty exists under Section 12132 of the ADA and the carrier for the Village denied the claim.