The National Academies Press

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Pages 56-59

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From page 56... ... 56 In Falls v. Board of Commissioners of the New Orleans Regional Transit Authority,851 although the plaintiffs did not obtain a judgment on the merits or a consent decree, the parties' voluntary settlement agreement approved by the court created the requisite kind of material alteration in the parties' legal relationship that was required for an award of attorney's fees.852 XI. Read the entire page →
From page 57... ... 57 Title III and the regulations also impose requirements in respect to architectural and other barriers.864 A public accommodation subject to this section shall remove transportation barriers in existing vehicles and rail passenger cars used for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift) where such removal is readily achievable.865 The regulations state that "[a] Read the entire page →
From page 58... ... 58 Although Uber and Lyft have argued that they are technology companies, rather than transportation companies, whose operations do not come within the meaning of Title III, the courts arguably could find that TNCs are subject to the ADA in the same manner as "their most direct competitors: taxi companies."880 Third, regarding micotransit, the term refers to IT-enabled private multi-passenger transportation services, such as Bridj, Chariot, Split, and Via, that serve passengers using dynamically generated routes, and may expect passengers to make their way to and from common pick-up or drop-off points. Vehicles can range from large SUVs to vans to shuttle buses. Read the entire page →
From page 59... ... 59 Under the ADA, a party does not have to exhaust his or her administrative remedies before bringing an action.890 However, Title III does not provide for a private right of action to recover compensatory damages.891 Rather, the Act authorizes individuals who are subjected to discrimination, or who have reasonable grounds to believe they are about to be subjected to discrimination, to use the remedies and procedures in 42 U.S.C. Read the entire page →

From page 56...

... 56 In Falls v. Board of Commissioners of the New Orleans Regional Transit Authority,851 although the plaintiffs did not obtain a judgment on the merits or a consent decree, the parties' voluntary settlement agreement approved by the court created the requisite kind of material alteration in the parties' legal relationship that was required for an award of attorney's fees.852 XI.

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From page 57...

... 57 Title III and the regulations also impose requirements in respect to architectural and other barriers.864 A public accommodation subject to this section shall remove transportation barriers in existing vehicles and rail passenger cars used for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift) where such removal is readily achievable.865 The regulations state that "[a]

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From page 58...

... 58 Although Uber and Lyft have argued that they are technology companies, rather than transportation companies, whose operations do not come within the meaning of Title III, the courts arguably could find that TNCs are subject to the ADA in the same manner as "their most direct competitors: taxi companies."880 Third, regarding micotransit, the term refers to IT-enabled private multi-passenger transportation services, such as Bridj, Chariot, Split, and Via, that serve passengers using dynamically generated routes, and may expect passengers to make their way to and from common pick-up or drop-off points. Vehicles can range from large SUVs to vans to shuttle buses.

Read the entire page →

From page 59...

... 59 Under the ADA, a party does not have to exhaust his or her administrative remedies before bringing an action.890 However, Title III does not provide for a private right of action to recover compensatory damages.891 Rather, the Act authorizes individuals who are subjected to discrimination, or who have reasonable grounds to believe they are about to be subjected to discrimination, to use the remedies and procedures in 42 U.S.C.

Read the entire page →

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