FEDERAL-COURT RESPONSES TO STATE AND LOCAL CLAIMS OF UNDUE BURDEN IN COMPLYING WITH THE AMERICANS-WITH-DISABILITIES-ACT

Authors
Citation
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
Citations number
23
Categorie Soggetti
Political Science
Journal title
ISSN journal
00485950
Volume
25
Issue
3
Year of publication
1995
Pages
41 - 54
Database
ISI
SICI code
0048-5950(1995)25:3<41:FRTSAL>2.0.ZU;2-B
Abstract
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.