Ditching Your Duty: When Must Private Entities Comply with Federal Antidiscrimination Law?

Authors

Tara Knapp

Document Type

Supreme Court Commentaries

Publication Date

3-28-2017

Keywords

Americans with Disabilities Acts, statutory interpretation, dictionary meaning

Subject Category

Constitutional Law | Supreme Court of the United States

Abstract

This Commentary considers how the Fifth Circuit characterizes “services, programs, and activities” of public agencies in Ivy v. Williams, in the context of determining whether a private entity is subject to federal antidiscrimination law. “Services, programs, and activities” of public agencies must comply with Title II of the Americans with Disabilities Act, whether directly distributed by a public or a private entity. This Commentary argues private driving schools in Texas that distribute a driving course necessary to obtaining a drivers’ license are subject to Title II because the providing the course functionally constitutes a program of the Texas Education Agency, a public agency. Though this case was dismissed as moot by the Supreme Court on technical grounds, the issue remains poignant.

Recommended Citation

Tara Knapp, Ditching Your Duty: When Must Private Entities Comply with Federal Antidiscrimination Law?, 12 Duke Journal of Constitutional Law & Public Policy Sidebar 219-237 (2017)