Legal Opinion
Keef v. STATE, DEPT. OF MOTOR VEHICLES
Nebraska Supreme Court
Decided June 16, 2006No. S-03-1306PublishedCited by 6 opinions
1Opinion of the CourtConnolly, J.
This appeal presents the question whether under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12134 (2000), Congress validly abrogated Nebraska’s sovereign immunity under the 11th Amendment. The specific issue is whether the State of Nebraska is immune from being sued for charging a $3 fee for handicapped parking placards. We determine that in the context of charging a fee for handicapped parking placards, Congress did not validly abrogate Nebraska’s immunity under the 11th Amendment.
BACKGROUND
The appellees, purchasers of handicapped parking placards, sued the…
2Cases cited19 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
- City of Boerne v. FloresSupreme Court of the United States · 1997
- Fitzpatrick v. BitzerSupreme Court of the United States · 1976
- Kimel v. Florida Board of RegentsSupreme Court of the United States · 2000
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3Cited by6 opinions
- Myers v. Nebraska Investment CouncilNebraska Supreme Court · 2006
- City of Omaha v. City of ElkhornNebraska Supreme Court · 2008
- State Ex Rel. Lemon v. GaleNebraska Supreme Court · 2006
- Charlotte Klingler v. Director, Department Of Revenue, State Of MissouriCourt of Appeals for the Eighth Circuit · 2006
- State Ex Rel. Johnson v. GaleNebraska Supreme Court · 2007
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