The Commerce Claus: Mr and Mrs McAlaster (Case Study Sample)
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. Please follow the rubric and review the example before completing assignment.
Mr. and Mrs. Jacob McAlaster own a small variety store in central Wisconsin. It provides groceries, convenience items, and a limited selection of cards and gifts. They own just the one store and this is not a chain. The majority of their customers are central Wisconsin locals, but because the store is located on a main street, they do serve the occasional traveler from outside the area. The McAlasters' 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 accomodate a wheel chair. Nor does the store have an access ramp--only four steps leading into the main entrance and a back entrance, which leads to a basement storage area. It would cost the McAlasters in excess of $50,000 to widen the entry door and add a ramp. The store complies with all state and local regulations, however, it does not, as indicated, comply with the ADA. The McAlasters do not believe the ADA applies to their establishment because it is just a little local store. Moreover, according to a family friend who reads legal fiction for a hobby, the store 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 McAlaster's store to comply with the ADA, add a ramp and widen the doors, or be otherwise subject to fines and/or jail for failure to comply? Why or why not?
Could any other branch of the federal government (Executive or Judicial) use any of their powers to attempt to regulate the store?
Using the commerce clause which is under the United States Constitution the federal government can force the Mr and Mrs Jacob McAlaster to get a ramp and widen their doors. As under the United States American Disability Act (1990) there is a prohibition of any kind of discrimination on the states and federal level of people living with disabilities and it goes further to quote the public life of the disabled should be recognized in malls, hotels, motels, schools, parks and public places which are meant for the general public (Lerman and Sanderson 216). So yes, the Commerce Clause from article I does give the federal government authority to make Mr and Mrs McAlaster comply with all the rules of the American Disabilities Act. McAlaster shop is under the Commerce Clause, which makes it liable to the ADA. This is because Congress has been handled power by the Commerce Clause to govern businesses that are at the states within the US and other nations. Although it is in a local setting, the convenience store the Commerce Clause has given the right of application for ADA. The Supreme Court makes it clear that if the local business is in a position to cause an impact on interstate then it can be regu
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