The Docket

The U.S. Supreme Court unanimously ruled that states are not immune from lawsuits seeking monetary damages when the suits allege violations of the U.S. Constitution and are permitted under the ADA. In the opinion, Justice Scalia wrote that the Court accepted the 11^th Circuit's ruling that the plaintiff had alleged a violation of the Eighth Amendment ban on cruel and unusual punishment.

In the case, Tony Goodman alleged that prison officials kept him for 23 hours a day in a cell so small that he could not turn his wheelchair. The Court remanded the case to allow Goodman to pursue his Title II claims.

The 4^th Circuit Court has affirmed summary judgment for the defendant in case where the employee had claimed that he was not accommodated in accordance with the ADA. In the claim by the employee/plaintiff for his employer's failure to accommodate, summary judgment for defendant was affirmed where it was determined that the employee/plaintiff is not disabled under the ADA since he retains the ability to engage in a wide range of daily activities and to work in numerous jobs.

The Department of Justice has reached resolution in their lawsuit against American Multi-Cinema, Inc. and AMC Entertainment Inc., operators of one of the nation's largest chains of movie theaters. The U.S. District Court for the Central District of California ordered AMC to remedy violations at all AMC movie theaters that do not provide equal wheel chair access.

"Providing the same movie going experience for individuals in wheelchairs that other patrons enjoy delivers on the promise of the ADA," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "These improvements will make the goals of the ADA a reality for thousands of Americans who want to enjoy this popular form of entertainment."

This resolution affirms the requirements of the ADA for places of public accommodation, such as movie theaters, to provide equal access to persons with disabilities and prevents them from providing persons with disabilities a lower quality of goods and services than they provide other members of the general public. This decision will impact approximately 1,200 of AMC's 1,933 stadium style auditoriums, which includes providing ramps in over 360 auditoriums. Further, this decision will have a significant impact on future AMC theaters. In addition, AMC is ordered to pay $200,000 in damages to the complainants and a $100,000 civil penalty for violation of the ADA.

This case adds to a string of successes that the Department of Justice has had related to making stadium-style movie theaters more accessible. Previous theatre entities that have been found to be in violation of the ADA include Cinemark USA, Inc., Regal Entertainment Group, which includes Hoyt's Cinemas and National Amusements Inc., a movie theater chain based in Massachusetts.