ADA suits against states struck down- what's next?

[Marta Russell]

State disability laws can be used in state court.  So many
disabled activists are now clamoring to pass more stringent state
law, but of course, the reason we needed the ADA was to make the
states do something in the first place.  Now we are almost back
to square one -- with the exception of a few states like
California whose state law is stronger than the ADA.
marta

Justin Schwartz wrote:
> 
> No. The 11th amendment stuff just blocks lawsuits IN FEDERAL COURT. It's a
> jurisdictional issue, and the 11th amendment doesn't speak to the
> jurisdiction of the state courts. So the states can be sued under the ADA
> FOR DAMAGES in state court. --jks
> 
> >
> >It's legally fucked up but the ADA holds both unions and states liable, but
> >only the union can be sued.  As you note, this may become a lovely point of
> >leverage by state governments in a whole range of anti-discrimination areas
> >where unions share joint liability and now all legal vulnerability.
> >
> >-- Nathan Newman
> >
>