Abstract
In Cummings v. Premier Rehab Keller P.L.L.C, 142 S. Ct. 1562 (2022), the United States Supreme Court held that emotional distress damages are not available under Section 504 of the Rehabilitation Act (29 U.S.C. 794), a statute enacted pursuant to the spending clause of the United States Constitution. The Court left open the question of whether emotional distress damages are available under Title II of the Americans with Disabilities Act (42 U.S.C. 12135‐65).
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