Question

In light of the explicit provisions of 31 USC 1351, it has been held that there is no private right of action for declaratory, mandatory, or injunctive relief under the ADA. What does this statement imply?

Answer 1

The statement suggests that individuals cannot use the ADA to privately seek formal judgments or force action regarding their rights; they are limited in how they can enforce compliance and redress violations under the ADA due to courts' interpretations of 31 USC 1351.

Step-by-step explanation:

The statement in question implies that under 31 USC 1351, and in the context of the Americans with Disabilities Act (ADA), individuals do not have a private right to seek declaratory, mandatory, or injunctive relief, meaning they cannot request a court to make a formal judgment on whether their rights under the ADA have been violated, nor can they compel a party to act or refrain from acting in a certain way. The ADA was enacted to prevent discrimination against individuals with disabilities in various aspects, including employment, accessibility, and public services. However, if the courts interpret the ADA such that it does not allow for private action for these types of relief, then individuals are limited in the means by which they can enforce their ADA rights. This understanding of the ADA has profound implications for how individuals with disabilities can ensure compliance with the law and seek redress for violations.