JWU Wk 3 Legal Environment Mr & Mrs Benjamin Hubbard Gas Station Case Study

Johnson & Wales University

Question Description

Can you help me understand this Law question?

Instructions: Give a full answer. Consider the facts, including what is given and what can be presumed from the facts. Then apply the rules to the facts. Submit your answer as an attached file. Please review the rubric (under the rubric section) before completing any assignment or short paper.

Mr. and Mrs. Benjamin Hubbard own a small gas station in central Missouri. In addition to gasoline, the small store attached provides restroom services, a small coffee shop, and an area with a limited selection of groceries and convenience items. They own just the one store and this is not a chain. The majority of their customers are central Missouri locals, but because the store is located on a main street, they do serve the occasional traveler from outside the area. Those patrons who stop for gasoline only, can either pay in cash inside the store, or use a credit card at the pump without the need to go inside.

The Hubbard's store does not comply with the Americans with Disabilities Act (ADA) (a federal statute) because the doors leading into and out of the premises are not wide enough to accommodate a wheel chair. Nor does the store entryway have an access ramp--only two steps leading into the main entrance and a back entrance, which leads to a basement storage area. It would cost the Hubbards in excess of $50,000 to widen the entry doors and add a ramp. Otherwise, the station complies with all state and local regulations.

The Hubbards do not believe the Americans with Disabilities Act applies to their establishment because it is just a little local gas station that provides a few sundries and a rest area for those who happen to stop for gas. Moreover, according to a family friend who reads legal fiction for a hobby, the gas station does not impact interstate commerce and therefore federal law does not apply.

Does the Commerce Clause from Article I give the federal government the authority to require the Hubbard's establishment to comply with the ADA, thus forcing them to add a ramp and widen the doors, or be otherwise subject to fines and/or jail? Why or why not?

Could any other branch of the federal government (Executive or Judicial) use any of their powers to require the establishment to comply with the ADA?

As a friendly reminder, please refer to the Assignment Rubrics in the course, under the Syllabus and Court Info section, for the grading of your written assignments in the course. It is also attached here for your reference.

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Final Answer

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The Americans with Disabilities Act (ADA) - Hubbard's Problem
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Prelude to the Law
The Americans with Disabilities Act is a federal civil law that protects persons living
with disabilities from any form of discrimination. Since the enactment of the Civil Rights Act of
1964, other laws that protect the civil rights of various groups of people would begin to take
form. The Civil Rights Act provides that no one shall be discriminated against based on race,
sex, religion, color, or national origin. The Americans with Disabilities Act (ADA) was signed
into law by President George H.W Bush in 1990 (“Information and Technical Assistance on the
Americans with Disabilities Act,” n.d.). It guarantees that people living with disabilities shall not
be discriminated against, and that they are entitled to the same opportunities as everyone else,
and that they have a right to engage in the contemporary matters of life (“Information and
Technical Assistance on the Americans with Disabilities Act,” n.d.). The Act would further be
amended in 2008 so that it is ...

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