Nebraska Supreme Court: ADA Can't Abrogate Sovereign Immunity in Parking Placard Cases

Yesterday, the Nebraska Supreme Court issued its opinion in Keef v. State of Nebraska, Department of Motor Vehicles. The case, yet another in a long line of ADA Title II cases challenging a state's decision to charge a fee (here $3) for a handicapped parking placard. The court held that Title II does not validly abrogate state sovereign immunity as applied to such a case. Distinguishing Tennessee v. Lane and United States v. Georgia, the court concluded that the imposition of a $3 fee implicates no fundamental right and does not violate the Constitution.