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KLINGLER v. DIRECTOR, DEPT. OF REV., STATE OF MO.

No. 03-2345.

433 F.3d 1078 (2006)

Charlotte KLINGLER; Charles Wehner; Shelia Brashear, Appellees, v. DIRECTOR, DEPARTMENT OF REVENUE, STATE OF MISSOURI, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 17, 2006.

Attorney(s) appearing for the Case

Michael Pritchett, argued, Asst. Atty. Gen., Jefferson City, MO, for appellant.

Stephen R. Senn, argued, Lakeland, FL (Robert G. Fegers, Winter Haven, FL, on the brief), for appellee.

Before WOLLMAN, ARNOLD, and MELLOY, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is our third pass at this case, which requires us to decide whether the State of Missouri violated the American with Disabilities Act (ADA) by charging an annual fee for the use of windshield placards that allow disabled people to park in reserved spaces. The plaintiffs, disabled persons who have purchased the placards, claim that the fee is a discriminatory surcharge prohibited by the ADA and its regulations. In our first...

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