Well, one difference that could be used to uphold the ADA is that the federal government has large blocks of funding for state programs aimed at the disabled. -- Nathan Newman --------
The problem with this approach is that key elements of ADA are applied to employment and public accommodation in the private sector where there is no direct federal funding. So that for example an apartment, a job, a restaurant, a mall, and a movie theater, all public facilities but most likely without direct federal subsidies will escape such a test.
This was the primary point of ADA, which was to extend the earlier 504 protections directed at federally funded programs and facilities, to the broaden scope from federal to include private, i.e all facilities.
Chuck Grimes