TENNESSEE v. LANE
Opinion of the Court
This pattern of disability discrimination persisted despite
several federal and state legislative efforts to address it. In
the deliberations that led up to the enactment of the ADA,
Congress identified important shortcomings in existing laws
that rendered them "inadequate to address the pervasive
problems of discrimination that people with disabilities are
facing." S. Rep. No. 101-116, at 18. See also H. R. Rep.
No. 101-485, pt. 2, at 47.15. It also uncovered further evidence of those shortcomings, in the form of hundreds of ex-
amples of unequal treatment of persons with disabilities by
States and their political subdivisions. See Garrett, 531
U. S., at 379 (BREYER, J., dissenting). See also id., at 391
(App. C to opinion of BREYER, J., dissenting). As the
Court's opinion in Garrettobserved, the "overwhelming majority" of these examples concerned discrimination in the
administration of public programs and services. Id., at
371, n. 7; Government's Lodging in Garrett, 0. T. 2000,
No. 99-1240 (available in Clerk of Court's case file).
672 (1992) (same); People v. Rivera, 125 Misc. 2d 516, 528, 480 N. Y. S. 2d
426, 434 (Sup. Ct. 1984) (same). See also, e. g., Layton v. Elder, 143 F. 3d
469, 470-472 (CA8 1998) (mobility-impaired litigant excluded from a
county quorum court session held on the second floor of an inaccessible
courthouse); Matthews v. Jefferson, 29 F. Supp. 2d 525, 533-534 (WD Ark.
1998) (wheelchair-bound litigant had to be carried to the second floor of an
inaccessible courthouse, from which he was unable to leave to use restroom
facilities or obtain a meal, and no arrangements were made to carry him
downstairs at the end of the day); Pomerantz v. County of Los Angeles,
674 F. 2d 1288, 1289 (CA9 1982) (blind persons categorically excluded from
jury service); Galloway v. Superior Court of District of Columbia, 816
F. Supp. 12 (DC 1993) (same); DeLong v. Brumbaugh, 703 F. Supp. 399,
405 (WD Pa. 1989) (deaf individual excluded from jury service); People v.
Green, 148 Misc. 2d 666, 669, 561 N. Y. S. 2d 130, 133 (Cty. Ct. 1990) (prosecutor exercised peremptory strike against prospective juror solely because
she was hearing impaired).
11For a comprehensive discussion of the shortcomings of state disability
discrimination statutes, see Colker & Milani, The Post-Garrett World:
Insufficient State Protection against Disability Discrimination, 53 Ala.
L. Rev. 1075 (2002).