A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)

Citation: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Parent Document: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-08-24
Original Source: https://www.courtlistener.com/opinion/612506/a-society-without-a-name-v-commo... ↗

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ASWAN attempts to avoid this result by claiming that certain acts of the defendants constituted a continuing violation of the ADA. “In general, to establish a continuing violation[,] the plaintiff must establish that the unconstitutional or illegal act was a fixed and continuing practice.” Nat’l Adver. Co. v. City of Raleigh, 947 F.2d 1158, 1166 (4th Cir.1991) (brackets, ellipses, and internal quotation marks omitted). In other words, if the plaintiff can show that the illegal act did not occur just once, but rather “in a series of separate acts[,] and if the same alleged violation was committed at the time of each act, then the limitations period begins anew with each violation.” Id. at 1167 (internal quotation marks omitted). But continual unlawful acts are distinguishable from the continuing ill effects of an original violation because the latter do not constitute a continuing violation. Id. at 1166.

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