First Circuit Holds ADA is Proper Section 5 Legislation as Applied to Education
I'm about to leave for a little mini-vacation, but I had to post on a decision the First Circuit issued today. In Toledo v. Sanchez-Rivera, the court held that "Title II [of the ADA], as it applies to the class of cases implicating the right of access to public education, constitutes a valid exercise of Congress' § 5 authority to enforce the guarantees of the Fourteenth Amendment. Accordingly, state sovereign immunity is not a defense to this action, and we affirm the district court's decision to reinstate Toledo's Title II claims." The case was brought by a student at the University of Puerto Rico. The First Circuit thus joins the Fourth and Eleventh Circuits in upholding Title II as valid Section 5 legislation in the education context.