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10 Ind. J.L. & Soc. Equal. 1 (2022)

handle is hein.journals/injlaseq10 and id is 1 raw text is: Last in Line: Vaccine Scarcity and the Americans with Disabilities Act Jessica R. Gunder* The distribution of the COVID-19 vaccine was not perfect, and in some states, it was so inequitable that those most in need of vaccination were sent to the end of the vaccination line. Over the initial months of the vaccine rollout, demand for COVID-19 vaccines exceeded supply. Although the CDC issued data-based guidance for how to prioritize access to the vaccines, it was nonbinding, and many states set different priorities. This Article is the first to study the different prioritizations set by the states. It contends that some states may have violated the Americans with Disabilities Act by deprioritizing individuals with health conditions that make them more likely to experience severe disease or death from COVID-19. This Article proposes several remedies, including simply making adoption of the CDC's prioritization schedule mandatory upon jurisdictions receiving vaccine allocations from the federal government. The Article's call for reform remains urgent. It is critical that vaccine distribution inequities be cured by the time booster shots become available to protect Americans, including those with disabilities, from future COVID-19 variants. * Assistant Clinical Professor of Law, University of Idaho College of Law. I previously served as the Civil Rights Coordinator at the U.S. Attorney's Office for the District of Idaho, where I was responsible for investigating and pursuing violations of the Americans with Disabilities Act. I am grateful for the valuable feedback I received at the AALS Disability Rights Section's WIP session and the Sirico Scholars Program and would like to thank Katharine Macfarlane and my colleagues at the University of Idaho for their numerous insights and unwavering encouragement. Finally, Lauren Ballenger provided excellent research assistance.

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