Ada Title Iii: A Fragile Compromise

Abstract

ADA Title III protects individuals with disabilities from discrimination at places of public accommodation. Because the definition of "public accommodations" is broad, the title requires accessibility and nondiscrimination at entities that individuals visit on a frequent basis, as well as at entities that individuals visit to enhance the quality of their lives. The broad coverage came at a price - in return for a broad list of covered entities, civil rights advocates agreed to a limited set of remedies under ADA Title III. This article explores the legislative history underlying this compromise, and its implications for enforcement of the title. The author concludes that the current trend of under-enforcement of ADA Title III should cause us to consider enhancing remedies at the state and federal level.

JEL Classification: J7, K3, K4