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KEEF v. STATE, DEPT. OF MOTOR VEHICLES

No. S-03-1306.

716 N.W.2d 58 (2006)

271 Neb. 738

Jim O. KEEF et al., on behalf of themselves and all others similarly situated, appellees v. STATE of Nebraska, DEPARTMENT OF MOTOR VEHICLES, appellant.

Supreme Court of Nebraska.

June 16, 2006.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and Lynn A. Melson for appellant.

David W. Rowe, of Kinsey, Ridenour, Becker & Kistler, Stephen R. Senn, of Peterson & Myers, P.A., and Robert G. Fegers, P.L., for appellees.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ., and HANNON, Judge, Retired.

CONNOLLY, J.

This appeal presents the question whether under title II of the Americans with Disabilities Act 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...

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