Garrett v. University of Alabama at Birmingham Board of Trustees

I

I concur with my brethren that the decision below with respect to the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213, and Section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act), 29 U.S.C. § 794, must be reversed because this circuit’s prior decision in Kimel v. State of Florida Board of Regents, 139 F.3d 1426 (11th Cir.1998), is controlling.1

*1221II.

However, I respectfully dissent from the holding that the States’ Eleventh Amendment immunity was not validly abrogated by the provisions of the Family Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601-2654, which are at…