Cite as: 541 U. S. 509 (2004)
Opinion of the Court
validly subject the States to private suits for money damages
for failing to provide reasonable access to hockey rinks,
or even to voting booths, but whether Congress had the
power under § 5 to enforce the constitutional right of access
to the courts. Because we find that Title II unquestionably is valid §5 legislation as it applies to the class of cases
implicating the accessibility of judicial services, we need go
no further. See United States v. Raines, 362 U. S. 17, 26
(1960). 19
Congress' chosen remedy for the pattern of exclusion and
discrimination described above, Title II's requirement of program accessibility, is congruent and proportional to its object
of enforcing the right of access to the courts. The unequal
treatment of disabled persons in the administration of judicial services has a long history, and has persisted despite
several legislative efforts to remedy the problem of disability
discrimination. Faced with considerable evidence of the
shortcomings of previous legislative responses, Congress
was justified in concluding that this "difficult and intractable
proble[m]" warranted "added prophylactic measures in response." Hibbs, 538 U. S., at 737 (internal quotation marks
omitted).
The remedy Congress chose is nevertheless a limited one.
Recognizing that failure to accommodate persons with disabilities will often have the same practical effect as outright
exclusion, Congress required the States to take reasonable
measures to remove architectural and other barriers to accessibility. 42 U. S. C. § 12131(2). But Title II does not require States to employ any and all means to make judicial
19
In Raines, a State subject to suit under the Civil Rights Act of 1957
contended that the law exceeded Congress' power to enforce the Fifteenth
Amendment because it prohibited "any person," and not just state actors,
from interfering with voting rights. We rejected that argument, concluding that "if the complaint here called for an application of the statute
clearly constitutional under the Fifteenth Amendment, that should have
been an end to the question of constitutionality." 362 U. S., at 24-25.