Wisconsin Community Services, Inc. v. City of Milwaukee

One question on which the parties have disagreed is whether 28 C.F.R. § 35.130(b)(7), which was promulgated under Title II of the Americans with Disabilities Act, establishes an accommodation requirement in addition to the statutory rules that prohibit disparate treatment and limit disparate impact. The district judge said “yes,” the panel said “no,” and now the en banc court says “yes.” Having written the panel’s opinion saying “no,” see 413 F.3d 642, 646-47 (7th Cir.2005), I now join the en banc opinion saying “yes,” because further consideration has led me to conclude that the right…