Thursday, February 22, 2007

Florida Court of Appeal Lets Parking Placard Case Proceed

Yesterday, the Florida Third District Court of Appeal issued an opinion in Florida Dep't of Highway Safety v. Rendon. The case involved a challenge under ADA Title II to Florida's fee for handicapped parking placards. In an earlier opinion in the case, the court had dismissed the plaintiffs' damages claims on the ground that Title II did not validly abrogate state sovereign immunity. The U.S. Supreme Court granted, vacated, and remanded for further consideration in light of Tennessee v. Lane. In yesterday's opinion on remand from the Supreme Court, the court ruled that the state waived its sovereign immunity against the suit by providing a judicial procedure for obtaining tax refunds.



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