Background
Two blind students sued a community college district under Title II of the Americans with Disabilities Act, alleging discrimination in their access to educational materials and accommodations. A jury found the district liable and awarded damages, but the district court later reduced the award to near zero, ruling that emotional distress damages were unavailable and that lost educational opportunities were not supported by the record.
The court’s reasoning
The court held that emotional distress damages are unavailable under Title II of the ADA because the statute incorporates the remedies of the Rehabilitation Act, which follows Spending Clause limitations established in Cummings v. Premier Rehab Keller. However, the court clarified that plaintiffs may still seek compensatory damages for lost educational opportunities. The panel found the jury’s award consistent with the evidence presented regarding the loss of meaningful educational participation and instructions that allowed compensation for any injury caused by the violations.
The dissent
What it means going forward
The decision clarifies that while emotional distress damages are barred in ADA Title II cases, plaintiffs can recover significant compensatory damages for lost educational opportunities if they present concrete evidence of the value of those lost opportunities.