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A resolution authorizing the Metropolitan Department of Law to compromise and settle the Americans with Disabilities Act claim of Jane Doe against the Metropolitan Government of Nashville and Davidson County, by adopting an accommodation policy for board and commission members and paying $500.00 to Ms. Doe out of the Judgments and Losses Fund.
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WHEREAS, Jane Doe is a member of the Metropolitan Public Arts Committee (Committee) and is an individual with a disability within the meaning of the Americans with Disabilities Act (ADA); and,
WHEREAS, the Department of Justice, on behalf of Ms. Doe, alleges that the Committee failed to provide reasonable accommodation to Ms. Doe, who is unable to attend Committee meetings in person because of the complications caused by her disability; and,
WHEREAS, the Tennessee Open Meetings law, Tenn. Code Ann. ?? 8-44-101, et seq., does not provide for remote participation in the meetings of a local government committee, and a court could find that holding public meetings with all committee members participating in person is a fundamental aspect of Tennessee's Open Records Law and that failing to do so voids the committee's action; and,
WHEREAS, in Palmer v. Michigan, No. 1:22-cv-90, 2022 WL 908966, at *1 (W.D. Mich. Mar. 29, 2022), a U.S. district court held that the Michigan Open Records Act must yield to the ADA and that refusing to provide reasonable modifications that would permit the complainant to fully participate (i.e., vote, make motions, second motions, and count towards a quorum) in committee meetings by virtual/electronic attendance violates the ADA; and,
WHEREAS, the parties wish to avoid litigation; and,
WHEREAS, the Metropolitan Department of Law recommends that where an individual's disability prevents that person from attending meetings of a local government board, commission, or other body in person, the Metropolitan Government should permit such individuals to fully participate virtually; and,
WHEREA...
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