Simulation - Ada Mediation

Simulation: ADA Mediation

Factual Summary:

A Mr. Edward Burton, a second year college student at State College, has raised an issue of non-compliance with the Americans with Disabilities Act of 1990 (ADA) by the State college where he is a student. Specifically regarding the music building wherein his studies ultimately reside. Professor Emily Mitchum, of the State College's musical sciences department has been placed as representative for the college in this matter and is claiming undue hardship in response for the ADA non-compliance claim by Mr. Burton.

Mr. Burton must use a wheelchair for his mobility due to an auto accident five years prior making him disabled (Title I, Section 3(1a)), and the 200-year-old music building has no ramps for him to easily access the facility (Title I, Section 3 (2a)). Mr. Burton must rely upon friends or passers by to access the main floor of the building. Professor Mitchum is seeking an undue hardship (Title I, Section101 (10b,i-iii)) in the nature of cost for the accommodation of ramp(s) to be installed, and the inadequate financial resources for the ramp(s). Additionally Professor Mitchum is claiming Architecture and historical significance of the building is part of the college's allure and unique history (Title V, Section 504 (C, 1-3))

Legal Issue(s):

Does Mr. Burton have a legal standing for the claim that the music building is in non-compliance with ADA rules according to Titles, I and V of the Americans with Disabilities Act of 1990, irregardless of the music building 200year old historic relevance brought up by Professor Mitchum of the Music department. Additionally is there undue hardship based on the financial standing of college, and/or the historic nature of the building itself.

Legal Concept(s):

According to the ADA, Mr. Burton is classified as a disabled person due to his physical (Title I, Section 3(1a)) inability to stand or walk without the aid of either a wheelchair or other persons. The music building in question wherein his studies as per his degree in musical sciences, has no ramps or wheelchair accessible methods for him to access the main floor(s) of the music building. The State College claims undue hardship (Title I, Section101 (10b,i-iii)) based on severely limited financial resources, and they claim that the historic architectural integrity (Title V, Section 504 (C, 1-3)) of the building would be jeopardized to accommodate the ADA regulations for such access.

The college believes that to allow for full access to the building would cost as estimated $100,000 per ramp entrance, at 10 entrances to the building totaling over $1 million, which would not only hurt the budget for the department and college entirely, but would severely diminish the face value of the historic, 200 year old building. Mr. Burton's