[DOWNLOAD] "Neinast v. State of Texas" by Fifth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Neinast v. State of Texas
- Author : Fifth Circuit U.S. Court of Appeals
- Release Date : January 26, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Today we review a challenge under the Americans with Disabilities Act ("ADA") to Texass fee for handicapped parking placards in light of jurisdictional and immunity defenses by the State. Texas asserts that Nell Neinast cannot bring this suit in federal court because the placard charge is a tax, barring our review under the Tax Injunction Act, 28 U.S.C. § 1341, and because the ADA regulation at issue does not validly abrogate Texass immunity from suit under the Eleventh Amendment. We hold that the charge is a fee unaffected by the Tax Injunction Act. We also conclude that because an administrative creature of Congress may not have greater power than the Congress to abrogate the states immunity, a challenged regulation must be proportionate and congruent to the constitutional wrongs identified by the agencys enabling statute. Finding that the regulation does not do so, we hold that Neinasts suit is barred by the Eleventh Amendment.