U.S. Supreme Court Upholds ADA

The U.S. Supreme Court recently upheld the constitutionality of the Americans
with Disability Act (ADA). In Tennessee v. Lane, the Court held in a 5-4 ruling that States could be required to remove architectural and other barriers to accessibility in courthouses.

The case had been brought under Title II of the ADA, which requires that state services be provided in a way that does not discriminate against persons with disabilities. The Court held that access to the judicial process is a constitutional guarantee, and that Congress had enough evidence of discrimination against persons with disabilities to justify enactment of this portion of the ADA, and its waiver of the state's usual immunity from litigation.

The Supreme Court's decision is limited to the issue of accessibility to State judicial services and leaves open the question whether the mandates of the ADA regarding access to other types of State and local government services and facilities would be upheld by the court. However, there is some language in the decision suggesting that they would be in many cases.

The suit was brought by George Lane, a wheelchair user who challenged the inaccessibility of the Polk County, Tennessee courthouse.