Rehearing En Banc Denied in ADA v. FIU

The Eleventh Circuit yesterday denied rehearing en banc in Association for Disabled Americans v. Florida International University, a case I first noted here. The panel's opinion held that, as applied to public education, Title II of the ADA is valid legislation to enforce the Fourteenth Amendment. Since the panel's decision, the Fourth Circuit has issued an opinion agreeing, which I noted here.