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 cer-
tain 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) (brack-
ets, 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
10          A SOCIETY WITHOUT A NAME v. VIRGINIA
violation." Id. at 1167 (internal quotation marks omitted). But
continual unlawful acts are distinguishable from the continu-
ing ill effects of an original violation because the latter do not
constitute a continuing violation. Id. at 1166.

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