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Ada Tiffany Restaurant

Content type

User Generated

Subject

Law

School

Johnson & Wales University

Course

Law 2001

Type

Homework

Uploaded By

Znqvanovyn099

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Assignment: Tiffany opens up a restaurant that is located away from highways, does not

advertise, and virtually all of the restaurant's customers are people from the

neighborhood. Tiffany's restaurant does not comply with the Americans with Disabilities

Act (ADA) (a federal statute) because the doors leading into and out of the restaurant

are not big enough to fit a wheelchair through. Tiffany knows her doors do not comply

with the ADA but it would cost her in excess of $50,000 to fix the problem. Furthermore,

she does not believe her restaurant impacts interstate commerce. Therefore, she does

not believe she falls under the ADA. However, Tiffany's restaurant does comply with all

State regulations. Could the federal government use the Commerce Clause from Article

I, of the U.S. Constitution, to apply the ADA to Tiffany's restaurant and force her

to widen her doors or be 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

attempt to regulate Tiffany's restaurant?

Answer:

Under the U.S. constitution, both the national and individual state governments share certain

powers. Powers that are specifically delegated to the federal government by the constitution are

usually reserved for the state government. In this case, the federal government could use the

Commerce Clause from Article I of the U.S. constitution to apply the Americans with

Disabilities Act to Tiffany’s restaurant and force her to widen the doors. For instance, the

Commerce Clause gives Congress the power to regulate commerce not only in foreign nations

but for the US states (Frankfurter, 2018). Using the clause on Tiffany’s restaurant will mean that

the legislative power exercised has controversy regarding the balance of power between the

federal government and the states. The judicial branch will be useful in this case, as it will use its

powers to attempt to regulate Tiffany’s restaurant. The judicial branch interprets the meaning of

laws which would apply in Tiffany’s case (Carp, Manning, Holmes, & Stidham, 2019). The

judicial branch will allow Tiffany to understand the state regulations and the need to comply

with the ADA.

References

Frankfurter, F. (2018). The Commerce Clause Under Marshall, Taney, and Waite. UNC Press

Books.

Carp, R. A., Manning, K. L., Holmes, L. M., & Stidham, R. (2019). Judicial process in America.

Cq Press.

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Assignment: Tiffany opens up a restaurant that is located away from highways, does not advertise, and virtually all of the restaurant's customers are people from the neighborhood. Tiffany's restaurant does not comply with the Americans with Disabilities Act (ADA) (a federal statute) because the doors leading into and out of the restaurant are not big enough to fit a wheelchair through. Tiffany knows her doors do not comply with the ADA but it would cost her in excess of $50,000 to fix the problem. Furthermore, she does not believe her restaurant impacts interstate commerce. Therefore, she does not believe she falls under the ADA. However, Tiffany's restaurant does comply with all State regulations. Could the federal government use the Commerce Clause from Article I, of the U.S. Constitution, to apply the ADA to Tiffany's restaurant and force her to widen her doors or be subject to fines ...
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Tags: federal government US Constitution US Congress interstate commerce Americans with Disabilities Act