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Gone Fishin'

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I'm heading away for a few weeks, in part for this conference, and in part for a vacation. Don't expect any posts from me until I return, though I may tweet some.

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Schweik on the ADA, "Sidewalk Management," and the Politics of Urban Space

Just out: Susan Schweik, Kicked to the Curb: Ugly Law Then and Now , 46 Harv. C.R.-C.L. L. Rev. 1 (2011). The abstract: For most CRCL readers, discussion of the Americans with Disabilities Act (“ADA”) in the context of the politics of urban space will probably invoke images of frivolous lawsuits, backlash against civil rights law, and so on. This essay concerns a more unexpected and surprisingly blunt consequence of the ADA. I will focus on Portland, Oregon, where a new and cynical manipulation of the ADA pits disability rights against homeless rights. Setting this development in the historical context of a previous ordinance, the infamous “ugly law” that targeted poor disabled people in Portland and elsewhere, I will show how repudiation of that ordinance played a part in the creation of the ADA--an act now not only failing to prevent but even actively prescribing the targeting of poor disabled people. The case of Portland provides a broader opportunity to explore the relati...

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Yesterday, the Department of Housing and Urban Development issued a guidance document on the implementation of Olmstead in HUD-funded programs. Integrated housing is a crucial piece of Olmstead implementation, so it's exceptionally important that HUD issued this guidance. From the introduction: Individuals with disabilities have historically faced discrimination that limited their opportunity to live independently in the community and required them to live in institutions and other segregated settings. In 1999, the United States Supreme Court issued the landmark decision in Olmstead v. L.C., 527 U.S. 581 (1999), affirming that the unjustified segregation of individuals with disabilities is a form of discrimination prohibited by Title II of the Americans with Disabilities Act (ADA). Following the Olmstead decision, there have been increased efforts across the country to assist individuals who are institutionalized or housed in other segregated settings to move to...

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