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Inverse Condemnation and Outdoor Amphitheater Noise

Inverse Condemnation and Outdoor Amphitheater Noise

Noise is a public health hazard, and amplified sound from outdoor amphitheaters has been a societal concern for decades. As my readers know, I believe in balancing rights; no one always wins or always loses. However, when the issues are polarizing it can be difficult...

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Court of Appeals rules ADA survives Loper Bright Scrutiny

Court of Appeals rules ADA survives Loper Bright Scrutiny

The recent change of administration at the White House has brought a lot of attention to regulations, interpretations and guidance from government agencies.  Recent court decisions confirm that congressionally mandated ADA regulations are well protected against...

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Hearing Health Foundation PSAs

Hearing Health Foundation PSAs

For over 65 years the Hearing Health Foundation has been raising awareness about, and funding research to prevent, hearing loss, tinnitus, hyperacusis and related conditions. The most common source of hearing conditions is exposure to loud sounds. Noise induced...

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Bashas’ is the Best

Bashas’ is the Best

Under the ADA disabled patrons are entitled to reasonable accommodations, and retail establishments are required to modify their policies and procedures so the disabled can participate in society. My legal colleague William Goren notes the ADA scheme, case law, common...

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How to Make an ADA Accommodation Request

How to Make an ADA Accommodation Request

The Neuroaudiology Lab at the University of Texas at Dallas does cutting edge hyperacusis research and provides resources to patients. Thanks to Dr. Kelly Jahn for suggesting a series of blawgs to help people with hearing conditions better understand their rights...

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Patterson v Six Flags Victory for Disability Access

Patterson v Six Flags Victory for Disability Access

This week’s blawg features the Patterson v. Six Flags court decision that confirms a disabled person’s right to reasonable accommodations and auxiliary aids to ensure effective communication. Judge Kimberly Mueller of U.S. District Court for the Eastern District of...

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What is an Acceptable Level of Fraud?

What is an Acceptable Level of Fraud?

President-Elect Trump announced the new Department of Government Efficiency (“DOGE”), headed by Elon Musk and Vivek Ramaswamy. Its mission is to give “advice and guidance” to the White House that “will help drive out massive waste and fraud that exists within the...

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ADA Accommodations for Employees but not Patrons?

ADA Accommodations for Employees but not Patrons?

The ADA requires businesses to make reasonable accommodations for the disabled. The requirements for private entity disabled employees are contained in Title I of the ADA, while the requirements for private entity disabled patrons are in Title III. Although there is a...

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The ADA after Loper Bright

The ADA after Loper Bright

One of the principles of democracy is distribution of power among the legislative, administrative and judicial branches of government. Laws and regulations, no matter how carefully crafted, will have some ambiguities. Over the course of time the pendulum swings as to...

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Hyperacusis, Ableism and Rare Disorders

Hyperacusis, Ableism and Rare Disorders

Hyperacusis (sound sensitivity) is the opposite of hearing loss. For some, everyday sounds of low-to-moderate intensity are described as unbearably loud or painful, resulting in difficulty hearing, thinking, communicating and can lead to avoidance, depression and...

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Nuisance, Noise and Outdoor Amphitheater Permits

Nuisance, Noise and Outdoor Amphitheater Permits

Noise is a public health hazard, and amplified sound from outdoor amphitheaters has been a societal concern for decades. This blawg is part of the series on Outdoor Amphitheater Noise. The first article focused on Environmental Noise Policy and highlighted current...

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It’s Not The Same

It’s Not The Same

Our ideas evolve over time. Sometimes it’s a slow, gradual process as deep reflection and/or new evidence slowly tips the scales. Other times it hits you like a flash of lightning, and there’s a quantum change of view. My personal quantum shift story is on marriage...

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What is a safe sound level, and where can you find it?

What is a safe sound level, and where can you find it?

In a 2017 release the Centers for Disease Control (“CDC”) reported Noise Induced Hearing Loss (“NIHL”) is a significant health problem, affecting an estimated 20% of young adults aged 20-29 increasing to 25% among adults 50-59. Those numbers are growing every year....

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The Marriage of HATs and Silent Disco

The Marriage of HATs and Silent Disco

The gold standard of ADA policy is providing environments that allow the abled and disabled to be together at the same place and time. This can be a challenge at amplified events. Not only do public opinions on loudness vary, some hearing conditions like hearing loss...

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The Silent Connection between Public Health and Hyperacusis

The Silent Connection between Public Health and Hyperacusis

We all know loud sounds can cause physical hearing conditions such as deafness, hearing loss, and tinnitus (ringing in the ears). However, they also can cause Hyperacusis (sound sensitivity), which the opposite of hearing loss. When sound levels exceed the recommended...

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Outdoor Amphitheaters and Environmental Noise Policy

Outdoor Amphitheaters and Environmental Noise Policy

Updated October 1, 2024 There have been some recent high profile legal cases about environmental noise in relation to outdoor amphitheaters. It can be a complex and technical area that cannot be adequately covered in a few hundred words. This is the first of a planned...

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Rosa Parks (almost) Crushed My Hand

Rosa Parks (almost) Crushed My Hand

During my 30 years in the entertainment industry I pressed a lot of flesh. I’ve forgotten about a lot of them, but one still resonates deep in my soul. When I was at Talyor Hackford’s boutique film company he produced a small picture about the 1950s Montgomery Bus...

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False Hope or the Unfortunate Truth

False Hope or the Unfortunate Truth

Lawyers often have to explain to clients the risks of litigation: it is expensive, emotionally draining and time consuming, with no guarantees of success. But what about the risks before litigation is even commenced? I recently spoke with a person who is one of the...

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SLO Jazz is Ahead of the Curve

SLO Jazz is Ahead of the Curve

San Luis Obispo (“SLO” to the locals) is a small college town in Central California. In 1990 it earned a place in environmental history as the first city in the world to have a comprehensive public smoking ban. The 2015 SLO Jazz Festival did it again with the first...

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Ethics Made Easy –                       Do the Right Thing

Ethics Made Easy – Do the Right Thing

It is a privilege and honor to be a lawyer. We are given great power, and with that comes with great responsibility. We also have a duty to protect the integrity of the institution. California codifies those obligations in the Rules of Professional Conduct (“RPC”)....

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