The Eleventh Circuit Court of Appeals just issued an important decision in United States v. Florida, confirming that the Attorney General is authorized to bring independent lawsuits to enforce Title II of the Americans with Disabilities Act. A district court in Florida had concluded that the language of Title II did not allow the Attorney General to bring cases on behalf of the United States against state or local governments. In a carefully reasoned and detailed analysis of the history of the ADA’s enforcement provisions, the three judge appeals panel reversed the lower court. One judge dissented. It is likely that the decision will be appealed, either to the full appeals court to the Supreme Court. CPR assisted on two amicus briefs filed on behalf of former members of Congress and by numerous disability rights organizations that discussed the importance of federal enforcement of the ADA.
You can read the full decision here.
Amicus Briefs