The Americans with Disabilities Act in Federal Court: Litigating against public entities

Abstract

This study represents the first systematic inquiry into the outcome of litigation against state and local public entities under Title II of the Americans with Disabilities Act (ADA) of 1990. Because Congress instituted a system of judicial review that established the courts as the final authority of rights and responsibilities under the Act, Title II litigation has a potentially significant impact on the disability policymaking of state and local governments in the United States. The analysis is based on all reported federal court rulings through June 2000 in which the court adjudicated a Title II claim against a public entity. The results show that plaintiffs are moderately successful in their suits against public entities, especially when compared to their record in litigating against private employers. However, the courts, particularly at the appellate level, still exercise restraint about interfering in the disability policies of subnational governments when implementing the ADA.