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The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract

This comment discusses the potentially unethical and unlawful nature of hostile architecture. This comment posits that hostile architecture is inherently illegal by way of implicitly and overtly violating the Americans with Disabilities Act. This comment argues that hostile architecture violates the ADA because it potentially discriminates against people living with disabilities by hindering their ability to utilize both public and private facilities such as bus stops. This comment acknowledges that while hostile architecture is often used as a tool to discourage unhoused people from using such facilities, hostile architecture also potentially discriminates against people living with disabilities. This comment highlights that the potential discrimination against people living with disabilities also provides a solution for hostile architecture. The solution exists because people living with disabilities are a protected class and therefore such discrimination against this class of people could and should be considered unlawful.

Last Page

92

First Page

45

Volume Number

28

Issue Number

1

Publisher

St. Mary's University School of Law

Editor

Priscilla Okolie

ISSN

1537-405X

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