Reprinted with the permission of Aspen Publishers, from AIDS and the Law, Fourth Edition, 2008-2010, www.aspenpublishers.com

§ 4.01 Introduction

[A] HIV/AIDS Discrimination as Ongoing Problem

[B] Chapter Summary

§ 4.02 Americans with Disabilities Act of 1990

[A] Definition of Disability

[B] ADA Title II: Discrimination by Public Entities

[1] Definition of Public Entity

[2] Definition of Discrimination

[3] Definition of Qualified Individual

[a] Direct-Threat Defense

[b] Judicial Rulings on Direct Threat

[4] Enforcement and Remedies

[a] Private Cause of Action

[b] Administrative Complaint Enforcement

[c] State Sovereign Immunity Defense

[5] Specific Applications to Public Entities

[a] Government Benefits Programs

[b] State Licensure Agencies

[c] State and Local Prisons and Jails

[d] Public Schools and Educational Institutions

[e] Municipal Zoning Laws

[f] ADA Challenges to State Common Law Doctrines

[C] ADA Title III: Public Accommodations and Commercial Facilities

[1] Section 302 Public Accommodation Discrimination

[2] Section 303 Commercial Facility Discrimination

[3] Private Club and Religious Organization Exemptions

[4] Enforcement and Remedies

[a] Mootness and Standing Defenses

[b] Attorney’s Fees

[c] Justice Department Enforcement

[5] Definition of Public Accommodation

[6] Definition of Discrimination

[a] Direct-Threat Defense

[i] Bragdon v. Abbott

[ii] Judicial Rulings on Direct Threat

[7] Specific Title III Applications

[a] Health Care Providers

[b] Funeral Services

[c] Health Clubs and Recreational Facilities

§ 4.03 Rehabilitation Act of 1973

[A] Elements of Rehabilitation Act Cause of Action

[B] Relationship between Rehabilitation Act and ADA

[C] Application of the Rehabilitation Act to HIV Discrimination

[D] Enforcement and Remedies

§ 4.04 Other Federal Statutory Right-of-Access Provisions

[A] Air Carrier Access Act

[B] Emergency Medical Treatment and Active Labor Act

[C] Hill-Burton Act

§ 4.05 Constitutional Claims

§ 4.06 State Law Disability Discrimination

[A] California

[B] District of Columbia

[C] Hawaii

[D] Illinois

[E] Maine

[F] Minnesota

[G] New York

[H] Ohio