The applications of the ADA to both juvenile justice systems and their facilities and the
incarceration of disabled individuals may prove to be very successful. What this means is the
litigators and their use of this policy, and Section 504 of the Rehabilitation Act, could grant
accommodations and recognition of discriminatory policies and actions that were previously
unsuccessful. However, the successfulness of these attempts would still be at the mercy of the
courts and their rulings. The courts shape the legal and legal policy revolving around the ADA
and its involvement with the criminal justice system. In turn, this would shape social views of
Americans, both towards the criminal justice system and their understanding of individuals who
have disabilities. Furthermore, the undefined applications of these policies provide inconsistent
and unfair treatment of youth and adults with disabilities who are involved in the criminal justice

system. If the courts ruled in favor of these suits, we might see such a change take place,
similarly to the desegregation cases in
Brown v. Board of Education.
But this would all depend
on how these rising cases play out in the foreseeable future.
While there are many instances where there is no Supreme Court decision, there have
been issues concerning ADA policy that had essentially flipped. First of all, Title I of the ADA
protects individuals with disabilities from discrimination from their employers, while Title II
protects them from the state and local government or any other public entity (Brooks, 2019). At
first, the courts’ rulings held that Title II could be used as protection against employment
discrimination. The courts held that Title II could be applied just as Section 504 of the
Rehabilitation Act (Brooks, 2019). The Eleventh Circuit reached this conclusion in
Bledsoe v.
Palm Beach County Soil and Water Conservation District
(Brooks, 2019). The Attorney
General’s opinions on the matter (which are considered by the court in high regard) corresponded
with that of the Eleventh Circuit’s decision in
Bledsoe
, holding the stance that Title II is
applicable (Brooks, 2019).
This instance provides contextual evidence on what the courts undergo in a Circuit split,
and how they need to be resolved. This was a divisive issue, that is still controversial. Brooks
makes the argument that the decision was wrongfully made, and that the decision completely
disregards the Attorney General’s opinion. However, it was at least resolved, and gives a uniform
application of the ADA policy regarding employment discrimination. Still, it is evident that the
decisions of the Supreme Court on these issues effect how scholars and other individuals look at
the courts and their decision-making. Whether that view be in contentment or disagreement with
their decision.

Initially, the litigation revolving around the ADA was troublesome. The courts were
frequently dismissive of cases, regarding individuals as not possessing a disability, thus
drastically reducing and limiting who was protected under the legislation (Porter, 2019).


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- Fall '19
- Supreme Court of the United States, Brown v. Board of Education, Americans with Disabilities Act of 1990