State: Florida

Filed: October 25, 2017

Court: U.S. Court of Appeals for the Eleventh Circuit

Overview: The brief argued that, in a case challenging the state of Florida’s practice of unnecessarily serving hundreds of children with disabilities and complex medical needs in institutional settings, the U.S. Attorney General has standing to sue under Title II of the ADA. The brief noted that all branches of government have recognized since the ADA’s enactment that the Attorney General has authority to bring an enforcement action and this authority has been used to achieve important victories for people with disabilities.

Excerpt: “For decades, courts have recognized the Attorney General’s authority to enforce Title II of the ADA…In light of the text and purpose of the ADA, the longstanding DOJ regulations establishing the enforcement procedures for Title II, and the unanimity of all other cases decided to the contrary, the District Court’s decision was clearly erroneous. If permitted to stand, this decision will undermine the significant role the Attorney General has traditionally played in the enforcement of the ADA. The enforcement authority of the Attorney General significantly benefits individuals with disabilities, both because of the broad standing the Attorney General has to pursue systemic relief and because of the financial barriers to private litigation. The District Court’s decision would impede the progress the country has made toward the goal of “assur[ing] equality of opportunity, full participation, independent living, and economic self-sufficiency” for individuals with disabilities…”

Case Documents

Amicus Brief: A.R. v. Secretary

Decision