Vanderbilt Journal of Entertainment & Technology Law

First Page



In Part I, the history of disability law in the United States will be discussed, following the decision of Brown v. Board of Education until the passage of the ADA. The purpose and contents of the ADA will, in pertinent part, then be discussed, as will the language of the Act that caused the circuits to split and the language of the Act as it now stands. The contents of the circuit court cases from the First, Fifth, Sixth, and Ninth Circuits will be analyzed, separating the circuits into majority (First, Sixth, and Ninth Circuits) and minority (Fifth Circuit) positions. In Part II the majority and minority positions, as well as the current language of ADA AG § 221.2.3, will be examined for problems, and the strengths of each view will be discussed. Finally, in Part III, a course of action will be suggested to the Access Board to remedy the problems that remain among the circuits despite the new language in the regulation.