Proof of defense for ADA violations

The Nondiscrimination Defense was clearly rejected by the Court of Appeals. The Funding Defense and the Fundamental Alternation Defense were blurred into one, and were partially accepted. As the Court of Appeals viewed Georgia's position, its duty to provide community placement was "not absolute", and was subject to a undue expense analysis as part of the ADA's "fundamental alteration" defense. A remand was ordered for proof of this defense (the "ADA Defense").

in reference to:

"The Nondiscrimination Defense was clearly rejected by the Court of Appeals. The Funding Defense and the Fundamental Alternation Defense were blurred into one, and were partially accepted. As the Court of Appeals viewed Georgia's position, its duty to provide community placement was "not absolute", and was subject to a undue expense analysis as part of the ADA's "fundamental alteration" defense. A remand was ordered for proof of this defense (the "ADA Defense")."
- Bill Burke's Olmstead Presentation - VOR (view on Google Sidewiki)