ADA Withstands 11th Amendment Challenge
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Autio v. AFSCME, Local 3139
The Americans with Disabilities Act does not violate the Eleventh Amendment. Unlike the Religious Freedom Restoration Act, it is "plainly adapted" as a remedial measure even if it prohibits conduct that may or may not be unconstitutional. Its remedies are not so sweeping that they exceed the harm they were created to redress. Congress in Cleburne recognized that legislation providing special treatment for the disabled serves equal protection and that such decisions are peculiarly the legislature's province. See: Autio v. AFSCME, Local 3139, 140 F.3d 802 (8th Cir. 1998).