Friday, December 31, 2004

ADA v. Family Farms?

See this article (and this one) on a new lawsuit challenging Nebraska's "anti-corporate farming law." (The law, which was adopted as an amdendment to the Nebraska Constitution, is reprinted here.) The principal claim is that the law violates the dormant Commerce Clause (the Eighth Circuit recently invalidated a similar South Dakota law on that ground), but there is also an ADA claim. One of the provisions of the law requires that, for a farm to be exempt from the general prohibition on corporate ownership, at least one member of the family who owns the farm must "resid[e] on or [be] actively engaged in the day to day labor and management of the farm or ranch." Plaintiffs, who include two farmers with physical disabilities, challenge that aspect of the law as violating the ADA. FWIW, I'd want to see a lot more about the operation of this law before I thought the ADA claim was plausible.


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