No. 24-5653

Aaron Abadi v. Marina District Development Company, LLC, dba Borgata Hotel Casino & Spa, et al.

Lower Court: Third Circuit
Docketed: 2024-09-27
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: americans-with-disabilities-act cdc-guidance covid-19 direct-threat disability-rights public-accommodations
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-11-08
Question Presented (AI Summary)

Can a public accommodation categorically rely on CDC guidance to label an individual with a disability who cannot wear a mask as a 'direct threat,' thereby denying access, without conducting the individualized assessment mandated by the ADA?

Question Presented (OCR Extract)

QUESTION PRESENTED In response to the COVID-19 pandemic, government agencies and : private corporations implemented mask mandates in public accommodations, following CDC guidance that exempts individuals with disabilities who cannot wear masks. Under the Americans with Disabilities Act (“ADA”), public accommodations are required to conduct individualized assessments to determine whether an individual poses a. "direct threat" to the health or safety of others. , Question: Can a public accommodation categorically rely on CDC guidance to label an individual with a disability who cannot wear a mask as a "direct threat," thereby denying access, without conducting the individualized assessment mandated by the ADA, even when the same guidance explicitly exempts such individuals from mask requirements? 2

Docket Entries

2024-11-12
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2024-10-24
DISTRIBUTED for Conference of 11/8/2024.
2024-10-21
Waiver of right of respondent Marina District Development Company, LLC, et al. to respond filed.
2024-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2024)

Attorneys

Aaron Abadi
Aaron Abadi — Petitioner
Marina District Development Company, LLC, et al.
Martin W. AronJackson Lewis LLP, Respondent