Instructions: Give a full answer. Consider the facts, including what is given and what can be presumed from the facts. Then apply the rules to the facts. Submit your answer as an attached file. Please review the rubric (under the rubric section) before completing any assignment or short paper.

Tiffany opens up a restaurant that is located away from highways, does not advertise, and virtually all of the restaurant’s customers are people from the neighborhood. Tiffany’s restaurant does not comply with the Americans with Disabilities Act (ADA) (a federal statute) because the doors leading into and out of the restaurant are not big enough to fit a wheelchair through. Tiffany knows her doors do not comply with the ADA but it would cost her in excess of $50,000 to fix the problem. Furthermore, she does notbelieve her restaurant impacts interstate commerce. Therefore, she does not believe she falls under the ADA. However, Tiffany’s restaurant does comply with all State regulations.

Could the federal government use the Commerce Clause from Article I to apply the ADA to Tiffany’s restaurant and force her to widen her doors or be subject to fines and/or jail? Why or why not?

Could any other branch of the federal government (Executive or Judicial) use any of their powers to attempt to regulate Tiffany’s restaurant?

As a friendly reminder, please refer to the Assignment Rubrics in the course, under the Syllabus and Court Info section, for the grading of your written assignments in the course. It is also attached here for your reference.

ASSIGNMENT RUBRIC

This rubric is used to grade the 3 assignments (each worth 100 points)

Answer (45 Points)

• Did the student address all the points of the assignment
• Was the student’s position correct
• Did the student fully explain the position taken
• Was the student clear on what his/her position was
• Did the student support the position taken with law
• Did the student use the correct law to support his/her position
• Did the student fully explain the position taken

Legal Support (45 Points)

Spelling/Grammar (10 Points each)

Late Work – minus 50% of points earned

• if you would have earned a 90 on the work, the grade posted will be a 45

There is an example short paper question and submission below.

EXAMPLE

Assignment: A limiting statute requires that a hotel post the necessary notice in the registration area, in the hotel lobby, and in the Guest rooms. If a hotel posts the notice in the registration area and in Guest rooms but fails to post in the lobby, will the hotel be entitled to limited liability? Why or why not?

Answer:

In this example, the hotel would not be entitled to limited liability.It would forfeit its ability to be protected by the limited liability statute, and be held fully accountable under absolute liability as imposed by common law.Failure to follow the law precisely will result in full liability.Because the hotel failed to post the sign in the lobby (as required by the limited liability statute), the hotel would be fully liable for any valuables stolen.It is not adequate to post in two of the three locations required by law, it is only adequate when you post in all off the locations, and place them in a conspicuous place where guests can easily read them.It is also necessary to post the warnings in foreign languages if it is reasonable to suspect that someone who speaks another language may use the premise.They would also have to be sure that they state the amount of liability they have in all three places.