Cite as: 541 U. S. 509 (2004)
Opinion of the Court
With respect to the particular services at issue in this case,
Congress learned that many individuals, in many States
across the country, were being excluded from courthouses
and court proceedings by reason of their disabilities. A report before Congress showed that some 76% of public services and programs housed in state-owned buildings were inaccessible to and unusable by persons with disabilities, even
taking into account the possibility that the services and programs might be restructured or relocated to other parts of
the buildings. U. S. Commission on Civil Rights, Accommodating the Spectrum of Individual Abilities 39 (1983). Congress itself heard testimony from persons with disabilities
who described the physical inaccessibility of local courthouses. Oversight Hearing on H. R. 4498 before the House
Subcommittee on Select Education of the Committee on Education and Labor, 100th Cong., 2d Sess., 40-41, 48 (1988).
And its appointed task force heard numerous examples of
the exclusion of persons with disabilities from state judicial
services and programs, including exclusion of persons with
visual impairments and hearing impairments from jury service, failure of state and local governments to provide interpretive services for the hearing impaired, failure to permit
the testimony of adults with developmental disabilities in
abuse cases, and failure to make courtrooms accessible to
witnesses with physical disabilities. Government's Lodging
in Garrett, 0. T. 2000, No. 99-1240. See also Task Force on
the Rights and Empowerment of Americans with Disabilities, From ADA to Empowerment (Oct. 12, 1990).16
16 THE CHIEF JUSTICE dismisses as "irrelevant" the portions of this evi-
dence that concern the conduct of nonstate governments. Post, at 542543 (dissenting opinion). This argument rests on the mistaken premise
that a valid exercise of Congress' § 5 power must always be predicated
solely on evidence of constitutional violations by the States themselves.
To operate on that premise in this case would be particularly inappropriate
because this case concerns the provision of judicial services, an area in
which local governments are typically treated as "arm[s] of the State" for
Eleventh Amendment purposes, Mt. Healthy City Bd. of Ed. v. Doyle, 429