The ADA and the 11th Amendment

Marta Russell ap888 at
Thu Jan 20 11:35:11 PST 2000

JKSCHW at wrote:

> Well, if it's a public accommodation provided by the state--such as a courthouse or a jail--how could you sue to enforce the ADA requirement that public accommodations have to accommodate PwD? The state would be immune from suit under the 11th amendment. I hasten to say that no court has held this, as far as I know. Yet. But you wait.
> --jks

As mentioned in my first post, the 8th Circuit Court of Appeals did rule Title II to be unconstitutional [Alsbrook v. City of Maumelle]. Section 504 of the Rehabilitation Act [Bradley v. Arkansas Department of Education] was also ruled unconstitutional.

Since July 23, 1999, citizens of Missouri, Iowa, Nebraska, North Dakota, South Dakota, Arkansas, and Minnesota have had no right to file lawsuits against state entities under Title II of the ADA.

Right now in the states covered in the 8th circuit do not have to put in curb cuts, buy lifts with buses, provide interpreters, make courtrooms accessible etc.

On February 11th they will be having a rally at the Arkansas state capitol --

DON'T TREAD ON THE ADA. Phil Stinebuck is coordinating the rally. His number is 501/623-7700

his e-mail is stinebuc at -- Marta

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