Eighth Circuit Rules Congress Lacks Power to Prohibit Fee for Disabled Placards
On May 3, 2004, the Eighth Circuit ruled that the application of Title II of the ADA to the charging of fees for disabled placards was not authorized by the Commerce Clause. Klingler v. Dir., Dep?t of Revenue, No. 03-2345, 2004 LEXIS 8625 (8th Cir. May 3, 2004). The court gave an exceptionally narrow view of Congress? power to legislate under the Commerce Clause. Because a number of courts, including the Eighth Circuit, have held that the Fourteenth Amendment does not provide Congress with authority to enact Title II, advocates have argued that parts of the ADA are sustainable as a valid exercise of Congress? power to regulate commerce. If courts follow the reasoning of Klingler, it will be difficult to succeed with this argument.
