Edward Burton And State College Arbitration

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Edward Burton and State college Arbitration

Factual Summary:

A second-year student at State College, Edward Burton is wheel chair bound. The case is about him and his disability, He is majoring in music and the music building has no ramps and just stairs. Multiple times have a student had to carry Edward to class, and it’s a real inconvenience for him. Being a state college the school should be able to accommodate handicapped students, but the school says the music building has been there for over 200 years and is significantly important to the school. To make any changes to upgrades to the building it would lose the historic look and really wouldn’t be historic anymore. The other issue the state school has is that the costs of the ramps and other modifications to make the building ADA compliant would cost them $1 million.

Issue:

Edward Burton and the State college both have asked for an arbitration meeting. This meeting will be used to make a decision without going to court. Whether the State college should accommodate Edward per his request of ramps and other renovations to comply by the ADA or let the music building sit the way it is like the state college wants it.

Legal Concepts:

Under title 2 of the ADA it covers “public entities”. Which means any “..State or local government and any of its departments, agencies, or other instrumentalities.” According to Title 2 in the ADA a disability “Has a physical or mental impairment that substantially limits a "major life activity" Which Edward has, he cant walk for long without loosing his balance, and since he’s in a school where he must walk to class, he needs his wheel chair.

“Public entities must ensure that newly constructed buildings and facilities are free of architectural and communication barriers that restrict access or use by individuals with disabilities. ”When a public entity undertakes alterations to an existing building, it must also ensure that the altered portions are accessible.”
After reading this, the ADA clearly states what must be done for Edward.

Analysis/Conclusion:

The state school is challenging Edward Burton’s civil rights by not building him the appropriate ramps and other modifications to the building. The music major should be able to get to the appropriate building without relying on other
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