Can a Person Photograph Public Records?
Full Question:
Answer:
It will be a matter of subjective determination for the court to decide whether security concerns justify the burden to your access to public records, based on all the circumstances involved. The ADA prohibits private and state and local government agencies, as well as employment agencies and labor unions, from discriminating on the basis of disability.
The ADA requires entities to make reasonable accommodations to qualified persons with disabilities unless such accommodations would cause an undue hardship to the employer. A disabled person under the ADA is someone who is substantially limited in the ability to perform a major life activity or who has a record of such an impairment or who is regarded as having such an impairment. Courts look at mitigating measures in determining whether an individual is disabled. One type of reasonable accommodation is to modify the environment or the manner in which the job is performed to allow disabled individuals to perform the job's essential functions. Specific types of reasonable accommodations may include making an office wheelchair accessible; restructuring jobs; providing part-time or modified work schedules; modifying or purchasing special furniture or equipment; changing employment policies; providing readers or interpreters; and reassigning disabled individuals to vacant positions. A reasonable accommodation may also be to permit a disabled person to provide and use equipment, aids or services that entity is not obligated to provide, such as an employer allowing an individual who is blind to use a guide dog at work.
The ADA does not require that reasonable accommodations be made when the accommodations would cause entity an undue hardship. Undue hardship means significant difficulty or expense when compared with the employer's resources and circumstances. The entity’s financial capabilities are one factor in defining undue hardship, but undue hardship also occurs when the reasonable accommodation would be unduly extensive or disruptive or would fundamentally alter the nature or operation of the business. Courts determine on a case-by-case basis whether a reasonable accommodation would be an undue hardship for the entity.
For furthe discussion, please see:
http://edocket.access.gpo.gov/2010/2010-21821.htm
