(See related case: Siddiqi v. Regents of UC)
(Follow up: Research state lawsuit filed 1/18/02 filed against UC Berkeley & Davis (by Todd Schneider, Esq., SF Atty) alleging violation of ADA for failure to provide interpreters/services
Hearing-impaired students filed a class action against the University of California alleging discrimination under Section 504 and the ADA. The students alleged they had been denied full and equal access to programs, services and activities of the defendant and/or deterred from enrolling, claiming that: defendants provided services and accommodations that were not accurate and effective; failed to provide prompt accommodation and services, including delays of weeks or months; failed to participate in a good faith, interactive process; failed to provide accommodation and services for extra curricular activities which are provided to non-disabled students; failed to install effective back up plan to provide accommodation when captioners or interpreters suddenly become unavailable. Defendant moved to dismiss one student’s claim as untimely, claiming a one year general personal injury statute of limitations applied. The Court held that a three-year statute of limitations applied to California disability discrimination statutes. Although neither the ADA nor 504 contains its own statute of limitations, the state law most analogous to the ADA is the Unruh Act, which makes any violation of the ADA also a violation of the Unruh Act and under which the 9th Circuit indicated a three-year statute of limitations would apply to any claims made thereunder.