Texas Border Business - Advertisement -  AUSTIN – Texas Attorney General Ken Paxton today applauded a decision by the United States Supreme Court to dismiss a lawsuit (Ivy v. Morath) that sought to impose liability against the state of Texas for private actions, as opposed to actions of the state. In the lawsuit, five deaf individuals argued that private driver education schools in Texas failed to provide them with sign-language interpreters as required by the federal Americans with Disabilities Act, and that the state was liable for this failure because driver education is required to get a driver’s license before a certain age in Texas. The plaintiffs did not allege that the state failed to make an accommodation for their disability in deciding whether to issue a license. Instead, they alleged that federal law compelled the state to use its regulatory powers to ensure that private businesses are complying with their obligations under federal law. Last year, a federal appeals court agreed with Texas, holding that, although private driving schools have a duty under federal law to provide their students with reasonable accommodations, federal law does not require the state agency to enforce those private businesses’ compliance with their federal obligations. The appeals court noted that the plaintiffs’ view to the contrary presented serious concerns about allowing federal law to infringe on state sovereignty. - Advertisement -  The U.S. Supreme Court dismissed the case on Monday because the five plaintiffs either completed driver education courses or moved out of the state. |
