The ADA and the 11th Amendment

jf noonan jfn1 at
Thu Jan 20 09:15:07 PST 2000

Thanks for this post, I was quite distressed by the States Are Kings ruling of last week. I have a question though:

On Wed, 19 Jan 2000 JKSCHW at wrote:

> Next in line: the Americans with Disabilities Act or ADA.
> Like age, disability gets low scrutiny. If I were a lawyer
> for a state employer who was sued for disability
> discrimination, I would certainly argue that Kimel means
> that the state could not be sued in federal court. This
> would also apply to public accommodatiions, I would think:
> states cannot be required by Congress, a state's attorney
> will argue, to accommodate disabilities. that would be
> unconstitutional under Kimel.

Why would this apply to public accomodations? That is definitely nonobvious to this nonlawyer.


Joseph Noonan jfn1 at

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