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FLA. PARAPLEGIC, ASS'N v. MICCOSUKEE TRIBE OF FLORIDA

No. 97-5418.

166 F.3d 1126 (1999)

The FLORIDA PARAPLEGIC, ASSOCIATION, INC. and The Association for Disabled Americans, Inc., Plaintiffs-Appellees, v. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA d/b/a Miccosukee Indian Bingo and Gaming, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 3, 1999.

Attorney(s) appearing for the Case

Samuel B. Reiner, II, Sonia Escobio O'Donnell, Lehtinen, O'Donnell, Vargas & Reiner, Miami, FL, for Defendant-Appellant.

Gene Reibman, Ft. Lauderdale, FL, for Plaintiffs-Appellees.

Before TJOFLAT and EDMONDSON, Circuit Judges, and KRAVITCH, Senior Circuit Judge.

KRAVITCH, Senior Circuit Judge:

In this case of first impression, we must decide whether Title III of the Americans With Disabilities Act, 42 U.S.C. § 12181 et seq. ("Title III of the ADA" or "Title III") creates a private right of action against Indian tribes who allegedly have failed to comply with its requirements. Title III of the ADA prohibits discrimination against any individual "on the basis of disability in the full and equal enjoyment of the...

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