Kinney v. Yerusalim’s Empirical Analysis
9 F.3d 1067 · 1993
Citation profile
14 federal appellate · 5 district · 3 state decisions
How this case has been cited
Cited by 51 later decisions — most recently July 2019 · most notably Innovative Health Systems Inc 1-3 v. City of White Plains Sj (1997), McNemar v. Disney Store, Inc. (1996)
14 federal appellate · 5 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 28 U.S.C. § 1343 · 29 U.S.C. § 794 · 42 U.S.C. § 12101 (§ 2 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12132 (§ 202 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12134 (§ 204 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Bates v. State Bar · Goodman v. Mead Johnson & Co. · Tigg Corp. v. Dow Corning Corp. · Disabled in Action of Pennsylvania v. Sykes
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he Department of Justice issued regulations maintaining the previously established distinction between existing facilities, which are covered by 28 C.F.R. 35.150 (1992), and new construction and alterations, which are covered by 28 C.F.R. 35.151 (1992). With limited exceptions, the regulations do not require public entities to retrofit existing facilities immediately and completely. Rather, a flexible concept of accessibility is employed, and entities are generally excused from making fundamental alterations to existing programs and bearing undue financial burdens. 28 C.F.R. 35.150(a) & (b) (1992). In contrast, the regulations concerning new construction and alterations are substantially more stringent. When a public entity independently decides to alter a facility, it "shall, to the maximum extent feasible, be altered in such a manner that the altered portion of the facility is readily accessible to and usable to individuals with disabilities." 28 C.F.R. 35.151(b)(1992). This obligation of accessibility for alterations does not allow for non-compliance based upon undue burden.”
4 later decisions quote this exact passage · from the majority“[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”
3 later decisions quote this exact passage · from the majority“Areas containing primary functions refer to those portions of a place of public accommodations where significant goods, services, facilities, privileges, advantages or accommodations are provided.”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.