Title II of the ADA (Title II) frees plaintiffs from bearing the burden of the very difficult state of mind element of proof, wherein plaintiffs must prove that a defendant consciously deprived one or more victims of rights protected by the Constitution or other federal laws. Under Title II, the disparate impact standard looks purely to whether (1) a person is disabled, and (2) a covered governmental entity provides the entitled service, benefit, or program.
Article originally published on iknow.media
