State of the Union: Federal Policy Enforcement at the State and Local Levels

By Haley LaRose

Imagine this: A college student who uses a wheelchair is trying to attend a study group. The initial location is on the second floor of the library. However, when the student arrives at the library, the elevator is broken and there is no way up but the stairs. They text their study group about the situation, and they agree to relocate to the first floor. They spot a table at the end of the floor, but in order to get to the table, there is a small lip of three stairs the student cannot cross. They must either ask someone to help lift their wheelchair over these steps, or be limited to one section of the library. The student and their study group eventually find an open table accessible without stairs or a broken elevator. When the student goes up to the table, they find that their wheelchair will not fit under it. What was supposed to be a helpful study session has turned into a struggle for accessibility. 

Unfortunately, this situation is the reality for many students and individuals with disabilities across the country. While there are multiple federal initiatives to prevent this type of discrimination, the enforcement provisions are often limited. Those that do exist are complex processes due to the historic debates over federal versus state power. This opens a path for businesses or universities to find loopholes to avoid complying with these measures. The only way to fight these are often a complaints process or lawsuits, which are both long and arduous processes. Federal policy has few provisions for state and local enforcements of disability policy, often leaving it on the individual to fight this.

Significant Federal Policy

Before examining how federal policies are enforced, it is important to understand what the major federal policies regarding disability rights are. Many of these policies include provisions for enforcement, although they are often light and hard to understand. The most widely known is the ADA, or Americans with Disabilities Act. The ADA is a wide reaching law, prohibiting disability discrimination in “employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications [and] the United States Congress” [1]. There are five titles to the ADA, each discussing the rights disabled individuals have in certain areas of daily life. The ADA does not provide an exhaustive list of what they consider to be disabilities, but provides the definition as follows: “a physical or mental impairment that substantially limits one or more major life activities.” These protections also apply to individuals with a history or record of disabilities, or those who are perceived to have a disability by others [1].

Another critical federal policy is the Individuals with Disabilities Education Act, or IDEA. IDEA requires “public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.” [1] This act also provides for IEPs, or Individualized Education Programs developed for disabled children by a team of knowledgeable individuals. This often includes the parent(s), teacher, aide, or other qualified representatives [1].

While these are two of the more widely known federal policies working to remedy disability discrimination, there are a multitude of other acts working on more specific provisions. The Assistive Technology Act codifies the need for assistive technology for disabled individuals to exist as included and independent members of society [2]. The National Voter Registration Act requires all State-funded offices primarily working to provide services to disabled individuals to assist with the voting process as necessary [1]. The Telecommunications Act requires telecommunication manufacturers to ensure all equipment they produce is accessible for those with disabilities [1]. These are just a few examples of the many policies that have been passed and amended over the years.

Most of these acts have a title, line, or provision that outlines how State and local governments should comply. However, these provisions are often narrow and have little information on how to enforce compliance. There are also more general provisions for federal policy enforcement. However these may still vary case-by-case and can make it difficult for individuals to fight local and State non-compliance.

Federal Protections & Procedures

Most explicit enforcement of disability policy for State and local government violations comes from Title II of the ADA.  If there is a violation of disability inclusion in a State or locally funded program or service, a complaint must be filed with the United States Department of Justice Civil Rights Division within 180 days of the discrimination taking place [3]. If a complaint is transportation related under Title II, then it must instead be filed with the Federal Transit Administration within the same 180 day deadline [3]. Complaints are the main method of enforcement. Rather than checking individual compliance, the ADA assumes compliance until someone lets them know otherwise. 

Once a complaint is filed, there are a few different possible outcomes. Complaints may take up to three months for the necessary department to review due to the number of complaints received. Once reviewed, the complainant may be contacted for more information or an investigation may be started, leading to a settlement or lawsuit [4]. They may also be referred to the ADA mediation program that applies to certain sections of the ADA (namely, Titles II and III) [4]. In some cases, the complaint may not be mediated or investigated at the discretion of the reviewers [4]. Unfortunately, this can make ADA complaints a time-consuming and complex process that leads to laws in some situations going unenforced.

While most policy-related issues are handled through the ADA system, violations that are investigated elsewhere are handled in a similar manner. Most federal disability policy does not outline a method for checking compliance, but instead relies on a complaint system to remedy violations as they are observed. These complaints are difficult to make due to the complex nature of the federal government and the channels set up to remedy these issues. Further, complaints that are made are not always looked into due to limited resources at both the State and federal level [5]. Not only do the limited provision for each act make federal disability policy enforcement difficult, but more general historical debates also contribute to this struggle.

Weaknesses at the Federal Level

Federal policy enforcement at the State and local levels has been a long standing issue in the United States. Most of the debate around State versus Federal power stems from the Tenth Amendment, which reserves any powers not directly enumerated to the Federal government or prohibited by the Constitution to the States [6]. This is the basis of the “Anti-Comandeering Doctrine.” The Anti-Comandeering Doctrine has been shaped by the Tenth Amendment and the Supreme Court, coming to the conclusion that Congress cannot force State governments to carry out federal programs [6]. Based on this doctrine, the Tenth Amendment has been interpreted as reserving significant powers to the States. The Federal government, in other words, cannot force States to enforce federal laws against their will [7].

There are limits to the Anti-Comandeering Doctrine. When Federal and State laws conflict, the federal law is the one that comes out on top. Any federal law made pursuant to the Constitution is considered the “supreme law of the land” under the Supremacy Clause [7]. Preemptive laws also fall outside of the Anti-Comandeering Doctrine as they create a federal standard rather than enforcing participation in a federal program. States can pass further reaching laws that enhance this standard, however they cannot pass weaker laws in an attempt to avoid the standard [7]. States can also use conditional federal funding to force compliance with federal policy [7].

In terms of disability policy, State and local compliance depend on the nature of the policy. Policies that establish a national standard code, like the ADA, can be enforced at the State and local level [8]. States cannot attempt to pass weaker versions of federal disability policy to limit their reach, however they are welcome to pass laws that expand on said policy. When it comes to federal programs, such as Social Security, the federal government cannot force state disability offices to administer said programs [8]. These general rules can further confuse federal policy enforcement at the State and local levels, as many federal disability policies combine standards with programming [1]. When enforcement does occur, it is often through complaints outlined by each individual law. As such, it is often up to the individual affected to take their own private action.

Individual Action

As most federal disability policy enforcement is based on a complaints system, it is often up to individuals to take action when State and local governments violate these acts. As mentioned earlier, the first step is lodging a complaint with the appropriate governmental agency. Depending on the result, this may lead to a settlement, lawsuit, or mediation process [4]. However, not all complaints are guaranteed investigation due to the volume of claims the government receives. In some cases, one may be entitled to pursue a private lawsuit. For employment discrimination, the affected party must first file a complaint with the United States Equal Employment Opportunity Commission and wait until they receive a right to sue notice [4]. However, the ability to file a private lawsuit does not apply to all federal disability policy violations [3]. There may also be time limits in place or requirements before pursuing a lawsuit unique to each case. [3] It is recommended to consult with a law professional before taking further action.

In some cases, individuals affected may be able to file a citizen’s suit against the violator or the federal government. A citizen’s suit allows citizens to sue entities who violate a federal standard, so long as they can prove standing as outlined in Article III of the Constitution [9]. In larger issues, individuals may also be able to join a class action suit or directly sue the federal government for failing to enforce certain laws [10]. However, all of these actions vary depending on the law violated, so researching specific laws or discussing with an attorney is an essential first step.

Conclusion

While the battle for power between the federal and State governments has been an issue since the onset of the American Government, there are provisions in place to assist in the enforcement of federal disability policy at the State and local levels. The ADA serves as the most all-encompassing source of enforcement, providing individuals with the chance to file complaints and possible lawsuits. However, these outlets are often limited to a few outcomes and in some cases, may not lead to any investigation at all. Each law is unique, and while this article provides a helpful overview of the complex nature of federal policy enforcement, it is always best to consult a legal professional if a State or local government entity is violating a federal disability law.

Sources Used

[1] U.S. Department of Justice Civil Rights Division. (2020, February 28). Guide to disability rights laws. ADA.gov. https://www.ada.gov/resources/disability-rights-guide/

[2] The Assistive Technology Act Fact Sheet. (2021). The Research and Training Center on  Promoting Interventions for Community Living . https://rtcil.org/sites/rtcil/files/documents/ATA%20Fact%20Sheet%202.15.2021--Fixed.pdf

[3] Enforcing the Americans With Disabilities Act | ADA National Network. (2025). Adata.org. https://adata.org/factsheet/enforcing-the-ADA

[4] File a Complaint. (n.d.). ADA.gov. https://www.ada.gov/file-a-complaint/

[5] Traylor, V. (2025, June 25). Advocacy. Disabilityhelp.org. https://www.disabilityhelp.org/how-are-disability-protections-enforced-at-the-state-level/

[6] When Can States Enforce Federal Law? (2025, July 16). LegalClarity. https://legalclarity.org/when-can-states-enforce-federal-law/

[7] What Is the Anti-Commandeering Doctrine? (2025, July 23). LegalClarity. https://legalclarity.org/what-is-the-anti-commandeering-doctrine/

[8] Anti-commandeering Doctrine. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/constitution-conan/amendment-10/anti-commandeering-doctrine

[9] What Is a Citizen Suit and How Does It Work? (2026, May 14). LegalClarity. https://legalclarity.org/what-is-a-citizen-suit-and-how-does-it-work/

[10] Chapter 33. Conducting a Direct Action Campaign | Section 5. Seeking Enforcement of Existing Laws or Policies | Main Section | Community Tool Box. (2019). Ku.edu. https://ctb.ku.edu/en/table-of-contents/advocacy/direct-action/policy-enforcement/main