2025 Jacobus tenBroek Disability Law Symposium

Democracy, Justice, and the Rule of Law: Protecting Our Right to Live in the World
March 20 through March 21, 2025

Presentations, Transcripts, and Materials

Welcome, Introductions, and Opening Remarks

Mark Riccobono, President, National Federation of the Blind

Emerging Challenges to Disability Rights Laws after Loper Bright

Discussion around the impact of recent Supreme Court decisions such as Loper Bright/Relentless and Corner Post, as well as the broader attacks on the Rehabilitation Act and disability rights regulations that these cases precipitated. The panelists include disability law experts and experienced disability rights litigators.

Presenters: Megan Schuller, Legal Director, Bazelon Center for Mental Health Law, Claudia Center, Legal Director, Disability Rights Education and Defense Fund, Kathryn Rucker, Legal Director, Center for Public Representation, Amy Robertson, Disability Rights Attorney, Fox-Robertson, Robert D. Dinerstein, Professor Emeritus, American University: Washington College of Law

Emerging Challenges to Disability Rights Laws after Loper Bright (Continued)

Emerging Challenges to Disability Rights Continued (Transcript)

Transportation for People with Disabilities: Updates and Future Forecasts

This session will educate attendees on regulations, legislation, and cases from the past year and their impact on transportation accommodations for people with disabilities, examine how changes in transportation, including the latest technology, are affecting equitable access for people with disabilities, and provide insight on expected federal and legislative actions that will continue to impact transportation accommodations and equity, and how advancements and oversight of current and emerging modes of accessible transportation can promote greater community inclusion and enhance quality of life for people with disabilities.

Presenters:
Danica Gonzalves, Attorney, Paralyzed Veterans of America
Anthonya James, Attorney, Paralyzed Veterans of America

Radical Person-Centeredness: The Roles, Responsibilities, and Rights in Home and Community-Based Services and Programs

This session is designed to provide attendees with a comprehensive understanding of the roles, responsibilities, and legal rights embedded in the Medicaid eligibility and person-centered planning processes. While the training does not focus specifically on Medicaid’s Access Rule, it has critical implications for its implementation. The Access Rule emphasizes the importance of ensuring individuals have access to necessary Home and Community-Based Services to meet their needs.

Our session will address how robust person-centered planning practices and advocacy can support these goals, from navigating eligibility determinations to handling service denials and appeal processes. Attendees will leave with a better understanding of the roles involved in person-centered planning including the responsibilities of and opportunities for people with disabilities in directing their own outcomes, families, Direct Support Professionals, Coordinators of Community Services (CCS), providers, and government agencies. Legal advocates will gain a better understanding on how to successfully negotiate with government offices and appeal determinations.

Presenters:
Nick Burton, CEO of N. Burton Consulting
Lauren A. DiMartino, Attorney at Brown, Goldstein & Levy
James Orman, Program Coordinator, People On the Go Maryland
Tracy Butler, Director, People on the Go Maryland

Pump Up the Volume on Disability Rights: Latest Accessibility Developments from the Federal Communications Commission

Staff from the Federal Communications Commission ("FCC") will discuss recent actions by the FCC to enhance communications access for individuals with disabilities. Emphasis will be given to the new accessibility rules regarding video conferencing services (such as Zoom and Teams), Hearing Aid Compatibility requirements, and updated accessible communication options for incarcerated persons.

Presenters:
Will Schell, Deputy Chief, Disability Rights Office, Consumer and Governmental Affairs Bureau, Federal Communications Commission
Stephen Wang, Attorney Advisor, Disability Rights Office, Consumer and Governmental Affairs Bureau, Federal Communications Commission

Pump Up the Volume on Disability Rights (Transcript)

Successfully Litigating Effective Communication Claims to a Jury

In this new presentation, leading civil rights litigators Anthony May and Tim Elder compare and contrast two recent trial experiences advocating for effective communication under Title II to affirm their respective clients’ claims, dismantle opposing theories, and secure favorable damages and injunctive outcomes.

Presenters:
Tim Elder, Founding Attorney, TRE Legal
Anthony May, Partner, Brown, Goldstein, and Levy
Kayle Hill, Paralegal, Brown, Goldstein, and Levy

The Criminalization of Disability: Exploring Intersectionality and Justice

This presentation will address the urgent issue of criminalization faced by disabled individuals, particularly disabled people of color and those who are multiply marginalized. Participants will engage in a comprehensive exploration of how disability is criminalized, focusing on the intersection of disability and the criminal justice system, as well as interactions with institutional authorities such as benefits offices, housing authorities, and educational institutions.

Presenters: Jordyn Jensen, Executive Director, Northwestern Law Center for Racial and Disability Justice, Jamelia Morgan, Faculty Director, Northwestern Law Center for Racial and Disability Justice, Dr. Kate Caldwell, Director of Research & Policy, Northwestern Law Center for Racial and Disability Justice, Cory Bernstein, Attorney, National Disability Rights Network

The Criminalization of Disability: Exploring Intersectionality and Justice (Continued)

The Criminalization of Disability Continued (Transcript)

The Benefits and Risks of Litigating Olmstead ‘At Risk’ Claims

A discussion of the benefits and risks of litigating Olmstead “at risk” claims in light of recent challenges, including the impact of recent Supreme Court decisions like Loper Bright, and best practices for reframing how we bring claims that benefit people at serious risk of segregation.

Presenters:
Jennifer Mathis, Deputy Director, Bazelon Center for Mental Health Law
Kathryn Rucker, Legal Director, Center for Public Representation

Olmstead ‘At Risk’ Claims (Transcript)

The New Americans with Disabilities Act Title II Rule: Accessibility of State & Local Government Web Content and Mobile Apps

This workshop will help attendees get acquainted with the Department’s new rule so that they can understand the rule’s requirements, their rights, what they can expect after the compliance date, and what they can expect in the meantime.

Presenters:
Logan Gerrity, Attorney, U.S. Department of Justice, Civil Rights Division, Disability Rights Section
Abby Olson, Attorney, U.S. Department of Justice, Civil Rights Division, Disability Rights Section

Comparing the Tales of Two Corporate Accessibility Programs

Discussion on how two corporations of different sizes approach accessibility within their organization, including why we are passionate about accessibility at work, a description of each program and its relevant history, the pros and cons of each type of program, laws that impact digital accessibility in the corporate world, and creating an outline of an ideal accessibility program.

Presenters:
Morissa S. Fregeau, Corporate Counsel, Aflac
Sudha Rajan, Sr. Director, Accessibility Center of Excellence

Comparing the Tales of Two Corporate Accessibility Programs (Transcript)

Disability Grassroots Movement: Advancing Democracy, Justice, and the Rule of Law

Panelists will share their experiences in leading grassroots activism, discuss the impact of such activism including on policy and legislation, and provide strategies for building relationships and strong networks, mobilizing resources, getting people to the table, and giving them the tools to engage in our democracy.

Presenters:
Sarah Blahovec, Co-Founder, Co-Director & President, Disability Victory
Dom Kelly, Co-Founder, President & CEO, New Disabled South and New Disabled South Rising
Monica Wiley, Disability Rights Advocate, National Disability Rights Network

Using Disability Rights Law to Combat Discrimination Against People with Substance Use Disorder

This panel will focus on how the Americans with Disabilities Act, the Rehabilitation Act, and its state analogs can be used to combat discrimination against people with SUD, and fight back against policies rooted in stigma using novel litigation and policy approaches.

Presenters:
Joey Longley, ACLU Disability Rights Program
Suzula Bidon, Warner PLLC
Rebekah Joab, Legal Action Center

A Newer Post-Cummings World: Navigating Disability Rights and Damages

In this timely and critical workshop, we will explore the evolving landscape of disability rights litigation in light of the Cummings v. Premier Rehab decision and its profound implications for legal strategies moving forward. One focal point will be a more recent case, Cummings v. Neighborhood Assistance Corporation of America, where despite the plaintiff only recovering nominal damages, the court recognized the public benefit of the suit, stating that her case vindicated the civil rights of Deaf homebuyers using the NACA program.

We will discuss how the legal strategy in the case against NACA parallels pre-Cummings cases and provides a foundation for recovering injunctive relief and attorney’s fees, even when damages are nominal.

Presenters: Reyna Lubin, Eisenberg & Baum, LLP, Andrew Rozynski, Eisenberg & Baum, LLP

A Newer Post-Cummings World (Transcript)

The Role of the U.S. Access Board in Federal Accessibility Regulations

An explanation of the statutory authorities of the U.S. Access Board and the role of the agency in the development of enforceable federal accessibility standards, the rulemaking process, opportunities for public participation, and providing suggestions for drafting effective public comments. Presenters will also explain the agency’s enforcement activities under the ABA.

Presenters:
Frances Spiegel, Attorney, U.S. Access Board
Wendy Marshall, Attorney, U.S. Access Board

The Role of the U.S. Access Board (Transcript)

Equal Opportunity to Enjoy One’s Dwelling: FHA and HOA Accommodations Under the Law

Exploration of the legal rights afforded to individuals with disabilities regarding housing, the role of legal advocacy in securing rights for individuals with disabilities, and resources on how to advocate for inclusive practices for individuals with disabilities within their own communities.

This presentation will discuss recent cases involving issues involving access and accommodations at various points in the housing process. It will also address approaches taken to negotiate with property managers, landlords, and homeowners’ associations to secure accommodations with and without litigation.

Presenters:
Lauren A. DiMartino, Attorney, Brown, Goldstein, and Levy
Leslie Dickenson, Attorney, Disability Rights Maryland
Lila Miller, Attorney, Relman Colfax

Advancing Disability Rights through Impact Litigation: A Year-in-Review and a Look at the Road Ahead

Attorneys from Disability Rights Advocates, a national non-profit legal center that specializes in impact litigation, will share their expertise to explore the role of impact litigation in the disability rights movement, highlight the major milestones in disability rights impact litigation that occurred in the last year, providing an in-depth discussion of legal developments, successes, and challenges, and discuss anticipated developments in the disability rights legal landscape and ways to zealously protect and advance the rights of the disability community.

Presenters: Rebecca Williford, DRA, President & CEO, Rachel Weisberg, DRA, Supervising Attorney, Thomas Zito, DRA, Supervising Attorney

Leveraging Research for Impact in Litigation and Advocacy

This workshop aims to equip disability law practitioners with practical strategies for leveraging research data to enhance litigation, administrative advocacy, and legislative efforts. The workshop will explore how different types of research data can be used to impact legal and policy advocacy, such as strengthening class action discrimination claims, identifying intersectional attributes, and bolstering legislative advocacy, provide an overview of research data sources relevant to disability rights and justice, including the Disability Statistics Compendium, Census Bureau disability data, American Foundation for the Blind reports, and more, and discuss examples of data-supported advocacy, such as DREDF’s work to ensure wheelchair coverage under California health insurance plans, as well as challenges, such as how disability data gaps affected pandemic advocacy, and AI biases.

Presenters: Stephanie Enyart, American Foundation for the Blind, Mehgan Sidhu, University of Pennsylvania, Silvia Yee, Disability Rights Education and Defense Fund

Professionals Not Police: Challenging the Dangerous and Unnecessary Use of Law Enforcement Responders to Mental Health Crises

This session will explore the need for urgent action to transform mental health response, the legal theories that can challenge a law enforcement response, and the role of litigation in an overall strategy of advocacy and social change to transform mental health crisis response.

Presenters: Jennifer Mathis, Deputy Director, Bazelon Center for Mental Health Law, Brian Dimmick, Senior Staff Attorney, Disability Rights Program, American Civil Liberties Union, Michael Perloff, Staff Attorney, ACLU of the District of Columbia, Carlean Ponder, Attorney, Criminal Justice and Disability Rights Advocate