[blindlaw] Discriminatory sign

[Ross Doerr]

Good Morning Leslie:
The research  necessary to determine if your situation constitutes discriminatory conduct by the city is something that I am not now in a 
position to do.
However, it is nonetheless governmental activity - and the true question, in a federal sense, will center 
around the level of scrutiny that is required (in the S. Ct. reporter) - Low, intermediate or strict.
IE:"Can a governmental entity do something to, or on behalf of, someone, without their knowledge or consent when it is more likely than not such 
activity will place the recipient at risk?"
Would American Moslems appreciate having a sign put up at their home stating 
"Arabs live here"? What about African Americans, Hispanic Americans, Catholics, Protestants etc, etc - the list can definately go on.
Yes, in my view, albeit unresearched,  they have stepped over a line in putting up that sign.
Good research aimed at Title II of the ADA and the Rehab Act as well as 
other discriminatory legislation is certainly called for. I would also check with the Human Rights 
Commission in your State to see about getting a legal opinion, and make sure that includes a check on the Statute of limitations for such civil litigation in your jurisdiction.
I do apologize  for not being able to give you more specific advice, I no 
longer have access to WestLaw or Lexis. You need legal advice from someone 
who knows the specifics of your situation, and is experienced with your 
State's laws and the local regulations.
Sorry I can't help more from here. Best of luck, and if you want to get some more specifics on how to approach this situation, give me a an email off line and I'll be happy to  discuss it. I used to get situations like 
this on my desk all the time when I worked with the disability law 
outfitsof two states over the past several years.
rumpole at roadrunner.com

Ross

----- Original Message ----- 
From: "Leslie Fairall" <fairall at shellworld.net>
To: "Brian Langlois" <langlois2 at verizon.net>; "NFBnet Blind Law Mailing 
List" <blindlaw at nfbnet.org>
Sent: Monday, September 12, 2011 7:01 AM
Subject: Re: [blindlaw] Discriminating Signs


> Folks,
>
> This is a sign erected by the town. THERE IS NOT ANOTHER BLIND PERSON IN 
> THE AREA. It is directly across the street from my home. It was not there 
> a week ago. I will be contacting City Hall today and have already drafted 
> a letter. The purpose of writing my original post was to find out whether 
> the sign is legal and get advice on points I need to make when writing the 
> letter. Thank you for answers so far.
>
>
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