This article hopes to encourage the use of the ADA as a mechanism to increase courtroom accessibility to people with disabilities. The article proceeds in the following manner. Initially, I outline the procedural history and design of the Act. Then, in Part III, I discuss how the ADA seeks to ensure the increased participation of persons with disabilities in courtroom practices and procedures. In Part IV, I discuss the Act's Title II, Public Services, which controls access to and accommodations by the state courts. Next, I trace the discrimination frequently faced by persons with disabilities, which is illustrated by a possible case history. I conclude by offering reasonable systemic courthouse accommodations as well as accommodations for individual courtroom procedures and practices to encourage the active participation of people with disabilities.
Keri K. Gould, And Equal Participation for All...The Americans with Disabilities Act in the Courtroom, 8 J.L. & Health 123 (1993-1994)