Aj. Jones, FEDERAL-COURT RESPONSES TO STATE AND LOCAL CLAIMS OF UNDUE BURDEN IN COMPLYING WITH THE AMERICANS-WITH-DISABILITIES-ACT, Publius, 25(3), 1995, pp. 41-54
Are federal courts sympathetic to local and state officials' cost conc
erns, particularly when it comes to meeting the requirements of the Am
ericans with Disabilities Act? This is the fundamental query taken rep
by this analysis. After examining twenty-eight federal ADA cases wher
e state and local officials have gone to court claiming that complying
with this civil rights measure would be unduly burdensome, this study
comes up with mixed findings. In some cases, the courts have been sen
sitive to cost concerns but, in others, they have not. Despite these i
nconclusive findings, this study does cast some light on what state an
d local officials must do if they expect federal courts to be sensitiv
e to their concerns.