Background
Robert and Jennifer Audette built a twelve-foot-wide concrete ramp from their Minnesota lakefront property to the water without prior county approval. The County denied their after-the-fact application for a conditional use permit, citing violations of zoning ordinances and environmental laws. The Audettes sued, alleging the County discriminated against Jennifer Audette by failing to reasonably accommodate her multiple sclerosis under Title II of the Americans with Disabilities Act.
The court’s reasoning
The court found that the Audettes did not prove the County failed to offer reasonable accommodations because they never sought the County’s permitted walkway alternative before building the ramp. The court also held that the Audettes failed to show intentional discrimination, as board members’ comments about the delay in seeking permits did not demonstrate animus toward the disability.
Title II does not require a plaintiff to receive her preferred accommodation, but merely a reasonable one that provides meaningful access to the public entity.
What it means going forward
Public entities are not required to accommodate unauthorized construction projects, and landowners must follow proper permitting procedures before claiming disability accommodations.