The ADA and the 11th Amendment

[JKSCHW at aol.com]

A slightly encouraging woird, Chuck. The age discrimination law still applies 
to private individuals and enterprises, even after Kimel, and so will the ADA 
after the S.Ct does a  Kimel on it and says you can't sue the states for 
disability discrimination. The 11A/14A argument they are using now is based 
on STATE sovereign immunity.

--Justin Schwartz, Esq.

n a message dated 00-01-22 12:02:01 EST, you write:

<< 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. >>