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ANGEL v. KENTUCKY

No. 00-6135.

314 F.3d 262 (2002)

Joyce K. ANGEL, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Commonwealth of KENTUCKY; Kentucky Transportation Cabinet; James C. Codell III, in his official capacity as Secretary of Transportation; Division of Vehicle Registration; Ed Logsdon, in his official capacity as commissioner of Vehicle Registration, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 23, 2002.

Attorney(s) appearing for the Case

Michael G. Brautigam (argued and briefed), Gene Mesh & Associates, Cincinnati, OH, for Plaintiff-Appellant.

Vanessa Lynn Armstrong, D. Brent Irvin (argued and briefed), Office of the Attorney General, Frankfort, KY, for Defendants-Appellees.

Before MERRITT and GILMAN, Circuit Judges; TARNOW, District Judge.

OPINION

GILMAN, Circuit Judge.

Joyce K. Angel filed suit on behalf of herself and all others similarly situated, challenging the fee charged by the Commonwealth of Kentucky for the use of a parking placard available to disabled persons. Angel claims that these fees are "illegal surcharges" under Title II of the Americans with Disabilities Act (ADA). Kentucky, on the other hand, argues that the nominal fee is actually a tax, which divests the federal courts...

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