ADA, Disability Rights, and Evolving Regulatory Federalism

Abstract

This article explores the evolution of regulatory federalism by examining the shifting basis of disability rights mandates from conditions-of-aid to federal preemption. It also examines the disability rights mandates placed on state and local governments by the Americans with Disabilities Act (ADA) and compares them with those provided in earlierfederal laws. The central thesis is that by adopting apreemptive approach, the U.S. Congress claimedfor itselfthe dominant role in creating and enforcing nondiscrimination mandates to protect the rights ofpeople with disabilities. While several organizing principles and implementation directives stipulated in ADA werefirst devised in earlierfederal laws and administrative regulations, their application through federal preemption strengthened the force and reach of disability rights protections. In the process, preemption substantially reduced the authority of state and local governments to create and implement their own disability rights measures.