Justin,
I am not a lawyer, got this from a lawyer but am not sure if this analysis is correct:
Being unconstitutional under the 11th Amendment (which is what the Court found to be wrong with the ADEA and what the 8th Circuit found to be wrong with the ADA in Alsbrook) only means you can't get money damages. I think there would still be a good argument -- even now in the Eighth Circuit -- that you could get an injunction, that is, an order forcing the state to comply. What that means is that our brothers and sisters in Minn, Iowa, Mo., Ark, Neb and N&S Dak should still be able to sue to get an order forcing the installation of ramps, provision of services, etc. Just not money damages.
Could you illuminate me (and others on the list)? -- Marta