Calling all attorneys: Can you sue DOJ to enforce

Can the DOJ be sued to enforce the Americans with Disabilities Act in your city.


You don’t sue the DOJ to get them to enforce the ADA.

You file a complaint with the DOJ against the organization violating the ADA.

BTW, you cannot sue the federal government unless the federal government gives you permission to do so.

The ADA is quite complex and has a lot of loopholes for older structures and certain situations. Before you march on Washington what’s the specific scenario?

Nature of disability?

Age of building?

Zoning of structure?

etc. etc. and etc.

Responses you have gotten so far at the local level?

What part of the ADA specifically addresses your situation?

ADA home page

What did their hot line say?

City originally was in Total Access Program, settlement agreement should have been signed July 15. All buidings and services were covered. Had to threaten an injunction for a project to get response. City wants to put out a comment period before having City Council vote on it. WTF

Cite? I think you’ll find that people sue members and agencies of the federal government all the time, without permission. See the thousands of suits which have been filed against, for example, the various Attorneys General over the centuries.

What you may be thinking of is Eleventh Amendment jurisprudence, which (very broadly) bars suits against states. IANAL and I don’t understand the reasoning behind this interpretation of the Eleventh Amendment; maybe a lawyer will be along to explain.

I am wondering if, based on the very sketchy information provided by the OP, a writ of mandamus might eventually become a possibility.

IANAL I believe that the case that established that the Supreme Court interprets the Constitution (Marbury vs. Madison) was just that sort of action. I think that you can bring an action to force an official to carry out his official duties. As I recall, you bring an action against the Attorney General for a Writ of Mandamus.

Caution - be prepared to spend a lot of money, and remember that the DOJ might not be required by the law to do whatever it is that you claim they aren’t doing…