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