[blindlaw] FW: Eleventh Circuit Title Two Decision: American Association of People with Disabilities v. Harris

Nightingale, Noel Noel.Nightingale at ed.gov
Fri May 14 20:50:19 UTC 2010



From: CMPDL's Disability Discussion Docket (3D) [mailto:CMPDL-3D at MAIL.ABANET.ORG] On Behalf Of Lissner, Scott
Sent: Friday, May 14, 2010 11:12 AM
To: CMPDL-3D at MAIL.ABANET.ORG
Subject: Eleventh Circuit Title Two Decision: American Association of People with Disabilities v. Harris

Your are invited to participate in Ohio's ADA Report Card<http://www.adareportcard.org/>


In American Association of People with Disabilities v. Harris<http://www.ca11.uscourts.gov/opinions/ops/200715004.pdf> the Eleventh Circuit dismissed a lawsuit challenging Florida's Duval County's lack of voting machines for disabled individuals.  Relying on Alexander v. Sandoval (532 US 275, 121 S. Ct. 1511) the Eleventh Circuit concluded that there was not private right to sue under Title II of the ADA  extending the reasoning in Sandoval beyond legislation rooted in the Spending Clause and to the Fourteenth Amendment legislation.



For more read "Federal Appeals Court Decision Undercuts Effectiveness of ADA<http://www.acslaw.org/node/16112>" in  The American Constitution Society for Law and Policy Blog By Michael R. Masinter<http://nsulaw.nova.edu/faculty/profiles/index.cfm?ID=78>, Professor of Law, Shepard Broad Law Center, Nova Southeastern University.







L. Scott Lissner, University ADA Coordinator, Office Of The Provost, The Ohio State University
  Associate, John Glenn School of Public Affairs
  Lecturer, Knowlton School of Architecture, Moritz College of Law & Disability Studies
  Chair, Public Policy & Government Relations Committee, Association on Higher Education And Disability
  Chair, ADA-OHIO Board
  Member,  Ohio Governor's Council For People With Disabilities
  Member, Columbus Advisory Council on Disability Issues & Board of ADA-OHIO











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