Legal
Popular Questions
The American Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.
The Fair Housing Act prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives federal financial assistance, and state and local government housing. Owners of housing facilities are required to make reasonable exceptions in their policies for tenants with disabilities (for example, a "no pets" policy for persons who use service animals). Landlords must also allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces (though landlords are not required to pay for the changes). The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units.
The Air Carrier Access Act prohibits discrimination in air transportation by domestic and foreign air carriers against qualified individuals with physical or mental impairments. It applies only to air carriers that provide regularly scheduled services for hire to the public. Requirements address a wide range of issues, including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities.Civil Rights of Institutionalized Persons Act
The Individuals with Disabilities Education Act (IDEA) governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities. The law requires public schools to make available to all eligible children with disabilities a “free appropriate public education” in the least restrictive environment appropriate to their individual needs. IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP's) for each child.
The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in employment practices of federal contractors. It also requires the federal government to make sure that electronic and technology information is accessible to people with disabilities. A new section of the Rehabilitation Act requires medical diagnostic equipment to be accessible to people with disabilities.
The Architectural Barriers Act (ABA) requires that buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal agency, comply with Federal standards for physical accessibility. ABA requirements are limited to architectural standards in new and altered buildings and in newly leased facilities. They do not address the activities conducted in those buildings and facilities.
For more information about your rights refer to the Department of Justice's Guide to Disability Rights Laws.
If you believe you have been discriminated against because you experience a disabilty contact the League of Human Dignity.
Legal Aid of Nebraska: If you have been denied government benefits, or if you have had your benefit reduced or terminated, we may be able to help. Call Legal Aid if you don’t understand the reason for the action or if you believe the action was wrong. They may be able to assist you in filing an administrative appeal.
Legal Assistance for People with Developemental Disabilties (LAPDD): 1-844-535-3533
Legal Aid Statewide Accessline: 1-877-250-2016
If you are not able to afford a lawyer or need to ask a legal question, there are several low or no-cost options available:
Access to Justice (A2J) Centers are self-help centers in Lancaster and Douglas Counties where low-income people can access legal resources including computers, forms, and self-help clinics. Learn more about Access to Justice or call 888-991-9921.
A Self Help Center is a free, walk-in legal information and resource center for low-income persons representing themselves in court. There are Self Help Centers in courthouses in several counties: Buffalo, Douglas, Hall, Lancaster, Madison and Scotts Bluff. A Self Help Center can provide legal information and resources to help you resolve a legal problem on your own. Find Self Help Center locations and times.
Legal Aid of Nebraska can assist civil legal cases involving: domestic violence, divorce, bankruptcy, landlord/tenant issues, social security and tax issues. To see if you qualify for Legal Aid of Nebraska’s services by calling the AccessLine ®:
- (402) 348-1060 AccessLine ® if you live in the Douglas Co. area
- (877) 250-2016 AccessLine® if you live outside the Douglas Co. area
- (800) 527-7249 Elder AccessLine ® if you are 60 and over
- (800) 729-9908 Native American AccessLine ® if you are Native American
- You can also apply online
Law School Legal Clinics: A limited number of civil cases are accepted and clients are represented by students under the supervision of Law School faculty. Legal services are limited to civil matters such as: child support/custody, divorce, wills/trusts, landlord/tenant issues, name changes, etc.
- Contact the University of Nebraska College of Law Legal Clinic or call 402-472-3271
- For Douglas County residents, contact Creighton University School of Law Legal Clinic or call 402-280-3068
NE Free Legal Answers is a free, online legal advice clinic where qualifying low-income Nebraskans can ask a volunteer lawyer a question about a civil (non-criminal) legal problem. To qualify, you must be at least 18, reside in Nebraska, you can't be incarcerated, and your household income and assets must meet poverty income guidelines. Visit NE Free Legal Answers for more information and to see if you qualify to use the service.
Limited Scope Representation by an Attorney: If you feel you can’t afford an attorney to handle your entire case, you may hire an attorney to work for you on a limited basis which can result in reduced legal costs. This means you and your lawyer decide on which tasks to split and ‘limit the scope’ of your lawyer’s work. Not all lawyers in Nebraska offer limited scope representation so you will have to ask before making an appointment. Information for people wanting limited legal assistance
In Nebraska the parents must either agree to joint custody or the court must find it is in the best interests of the child based on evidence presented at a hearing. Legal Aid of Nebraska and Children’s Justice Clinic provides assistance with child custody.
Guardianship proceedings begin with the filing of a petition in the county court in which the person alleged to be incapacitated lives. A petition may be filed by the person who allegedly is incapacitated or by anyone interested in the person’s welfare.
For further information regarding petitioning for Guardianship, you will need to contact an attorney or one of the following resources: