69 Am. U. L. Rev. F. 1 (2019).

* Articles Editor, American University Law Review, Volume 69; J.D. Candidate, May 2020, American University Washington College of Law. Many thanks to my friends and family for their support, the AULR staff for their hard work, and my friends in the service industry for their encouragement and inspiration. Additionally, much gratitude to Professors Alvarez and Dinerstein for their time and suggestions. All work is a reflection of the author’s views alone.

Policies and legislation targeting plastic straws have grown significantly in the past years. These policies and laws curtail the automatic inclusion of plastic straws, set requirements for the material straws should be made from, and otherwise seek to curb the environmental impact of plastic by banning plastic straws in particular. While laudable in intent, these laws and policies frequently—though not always—ignore people with a wide range of disabilities for whom the lack of plastic straws poses a challenge. Further, the substitute of various other materials—such as paper, plastic, glass, and metal to name a few—can both pose a physical risk for disabled people and reduce the enjoyment of or otherwise eliminate the possibility of using many commonplace goods and services. This Comment analyzes various policies and laws at the state and local level in light of the Americans with Disabilities Act (ADA) and places these policies and laws on a spectrum—from those which minimally interfere with the enjoyment of a good or service and likely would not be violative of the ADA to those which provide a significant barrier to the use and enjoyment of goods and services provided by Title III public accommodations. It concludes with suggestions to companies and lawmakers considering these policies for how they can accomplish their goals of limiting plastic straw waste while being mindful of their customers and constituents who may need them.