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Law
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Essay
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English (U.S.)
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Tiffany's restaurant. The U.S. Law. Law Assignment

Essay Instructions:

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?

Essay Sample Content Preview:
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U.S. LAW
Whether the Federal Government could 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
Yes, although Tiffany’s restaurant complies with all the state regulations, she needs to work hard and ensure the business also complies with the Americans with Disabilities Act (ADA). Therefore, the federal government could use the commerce clause from article I, of the U.S. Constitution, to apply the ADA to Tiffany's restaurant. However, the government should not force Tiffany to widen her doors or subject her to fines and/or jail.
The government should not use force on Tiffany's business because ADA makes compliance for small businesses easy. According to Boyd, et al., the Americans with Disabilities Act understands that several small establishments are not able to make substantial changes to their structures. These changes to commercial places are the ones that would improve the ease of access to those who use wheelchairs and others who have disabilities. To reduce the expenses enhancing accessibility to the individuals with disabilities, ADA requirements for the current service businesses built earlier than 1993 are not as strict as for the firms built after 1993 (Boyd, et al.).
The Americans wit...
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