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Federal Court Responses to State and Local Claims of "Undue Burden" in Complying with The Americans with Disabilities Act
Authors:Jones   Augustus J.   Jr.
Abstract:Are federal courts sympathetic to local and state officials'cost concerns, particularly when it comes to meeting the requirementsof the Americans with Disabilities Act? This is the fundamentalquery taken up by this analysis. After examining twenty-eightfederal ADA cases where state and local officials have goneto court claiming that complying with this civil rights measurewould be unduly burdensome, this study comes up with mixed findings.In some cases, the courts have been sensitive to cost concernsbut, in others, they have not. Despite these inconclusive findings,this study does cast some light on what state and local officialsmust do if they expect federal courts to be sensitive to theirconcerns.
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