The Americans with Disabilities Act (ADA) prohibits discrimination against disabled persons in employment, public services, and private entities operating public accommodations. Despite clear moral and social incentives for becoming disability-friendly outside of the legal mandate, many private entities have asserted that the ADA does not apply to them. In multiple cases, plasma donation centers, one particular type of entity, have strongly disputed whether they are subject to the ADA as public accommodations. The crux of these cases has hinged on whether plasma donation centers are “service establishments” under Title III of the ADA, and three such cases have reached the federal appellate court level, resulting in a circuit split. This Note contends that the Third and Tenth Circuits reached the correct conclusion, and, using contract law, methods of statutory interpretation, and public policy rationales, argues that plasma donation centers should be considered service establishments that are required to comply with the ADA.
Equal Access to Donate: Plasma Donation Centers and the ADA,
70 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol70/iss3/9