The California State Bar has been recommended to respond to an Americans with Disabilities Act (ADA) suit alleging retaliation against a disabled veteran. The case emerged after the veteran sought an investigation by the Department of Justice (DOJ), following the Bar’s initial refusal to provide him with an adjustment.
As per federal magistrate Judge Jeremy D. Peterson, given that states cannot claim sovereign immunity from ADA complaints emanating from the deprivation of public services, Terrence Brewer’s accusations are adequate enough to put forward a retaliation complaint on this standing. However, Judge Peterson clarified that the State of California has not agreed to face state-law charges or torts in federal court, hence these claims are barred by the Eleventh Amendment.
This case underscores the ongoing dialogues surrounding accessibility and fair treatment of persons with disabilities in different societal domains, including professional licensure. While it puts a spotlight on the big-picture issue of disability rights in the United States, the case will also have implications for the protocols and decisions of Bodies like the California State Bar.
It must be noted, however, that the quote mentioned, “The Bar should wait until …“, apprehends potential development. Further information is needed to understand how the Bar will respond, and how it may change its practices in wake of the ruling.
The case will undoubtedly be watched closely by legal professionals worldwide, especially those involved in activities and decisions related to professional licensure, disability rights, and federal law. To stay informed about further developments, log in to your Bloomberg Law account or consider subscribing if you don’t yet have an account.