St. John's Law Review

Critical Point In The Disabilities Movement: How Will Tennessee v. Lane Affect Claims Brought Under Title II Of The Americans With Disabilities Act?

By: Peter J. Molesso

Congress sought to safeguard the rights of disabled individuals with the Americans with Disabilities Act of 1990 (“ADA”).  One of the Act’s major goals was to ensure that persons with disabilities received equal access to public services and programs.  This right was codified in Title II of the ADA.  A recent Supreme Court decision, however, seems to pave the way for the Court to hold in future decisions that Congress overstepped its bounds by creating a general right to sue States under Title II.  In Tennessee v. Lane, the Court found that Title II claims for money damages were not barred by the Eleventh Amendment’s state immunity doctrine.  The Court limited its holding, however, to apply only to instances where persons with disabilities are denied access to the courts.  The Supreme Court declined to address whether all claims brought under Title II would survive state immunity challenges.  The Court’s narrow holding is significant because in Board of Trustees of the University of Alabama v. Garrett, decided a few years prior to Lane, it held that claims for money damages brought under Title I, which addresses employment discrimination, were barred by the Eleventh Amendment.  Analyzed within the context of Garrett, it appears that the Court’s holding in Lane severely limits the rights of persons with disabilities.  After Lane, it seems as if the only claims based on Title II’s remedial provisions that can withstand a state immunity challenge are those that simultaneously allege a violation of a fundamental right, and thus trigger strict scrutiny review.