Water, Water Everywhere, but Not a Straw to Drink: How the Americans with Disabilities Act Serves as a Limitation on Plastic Straw Bans

Congress passed the Americans with Disabilities Act ("ADA") to ensure that individuals with disabilities have access to society. This revolutionary piece of legislation implemented standards for which places of public accommodation must conform their business practices to. As a result, places of public accommodation are required to provide auxiliary aids to individuals who request them. This Note will first examine the background that has led to plastic straws being banned or removed from places of public accommodation. This Note will then discuss the negative consequences that banning plastic straws has on individuals with disabilities. These consequences can lead to the defacto exclusion of individuals with disabilities from public life, which is what the Americans with Disabilities Act sought to prevent. To avoid exclusion, this Note argues that plastic straws are the only type of straw that can serve as an auxiliary aid. Therefore, in order to comply with the ADA places of public accommodation must provide plastic straws. This ensures that individuals with disabilities can fully and equally enjoy their beverages. Finally, this Note will examine the impact this classification has on current actions being taken and propose simple steps to ensure that companies and government actors do not subject themselves to litigation that they can easily avoid.