Such is the case with Tennessee v Lane, a case in the Supreme Court that focused on the legality of Congress to enact laws such as the Americans with Disabilities Act under section V of the Fourteenth Amendment. The High Court ultimately found that Congress does have the power to enact a law which may run contrary to an individual state's sovereign immunity in cases that implicate access to the courts (Tennessee v Lane, 2004).
The suite was brought by plaintiffs who were disabled, lived in Tenessee, and claimed that they were unable to access the upper flowers of the state courthouses, thus denying them a public service under Title II of the ADA. The state of Tennessee argued that the 11th Amendment prohibited the suite. Congress, said Tennessee, could use its powers to remedy discrimuination that was blatant and purposeful, but not in general because of a state's sovereign immunity from being sued based on a previous case, Board of Trustees University of Alabama v Garnett. In this case the Court found that Title I of the ADA was unconstitutional because it allowed states to be sued by private citizens for monetary damages:
States are not required by the Fourteenth Amendment to make special accommodations for the disabled, so long as their actions towards such individuals are rational. They could quite hardheadedly -- and perhaps hardheartedly -- hold to job-qualification requirements which do not make allowance for the disabled. If special accommodations for the disabled are to be required, they have to come from positive law and not through the Equal Protection Clause (Board of Trustees of the University of Alabama v Garrett, 2001).
The essential issues for both cases are two: intent to sue and authority of the state. The ADA does not require anyone to make accommodations that are unreasonable or would indicate a financial hardship, but...
The plaintiffs were disabled Tennesseans who could not access the upper floors in state courthouses. They sued in Federal Court, arguing that since Tennessee was disallowing them public services for the reason that their disabilities, it was infringing Title II of the Americans with Disabilities Act (ADA). Tennessee argued that the Eleventh Amendment banned the suit, and filed a motion to dismiss the case. It relied chiefly on Board
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