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Lawrence v. Bushart8/5/2005
AFFIRMING, IN PART, AND REVERSING, IN PART, AND REMANDING
BEFORE: GUIDUGLI, McANULTY, AND MINTON, JUDGES.
This case involves a challenge to the validity of KRS 189.456, which requires Kentucky's county clerks to charge disabled persons an $8 fee to obtain an accessible parking placard. Susan Lawrence, David Allgood, and the Center for Accessible Living filed suit against selected county clerks and various state officials, alleging that the fee was invalid because it limited disabled persons' access to public facilities. The circuit court granted summary judgment in favor of the appellees, holding that because Congress "failed to abrogate the sovereign immunity of the various states" under Title II of the federal Americans with Disabilities Act, the claims were barred by the Tenth and Eleventh Amendments. We affirm the circuit court's reasoning, in part. But because we believe the court erred by denying appellant's request for relief from the county clerks, we reverse, in part, and remand.
I. FEES FOR HANDICAPPED ACCESSIBLE PARKING PLACARDS
The facts of this case are not in dispute. By statute, Kentucky provides for the issuance of specially designated handicapped license plates and removable handicapped accessible parking placards. The license plates are available to qualifying individuals at the same price as other license plates, but the state charges an $8 fee for the removable parking placards. The placards are valid for two years and may be renewed every two years thereafter for a total of six years.
The $8 fee is only charged upon the initial application. After that renewals cost $4, and lost or stolen placards may be replaced for $2. All 120 Kentucky county clerks are statutorily mandated to issue both the handicapped accessible license plates and the parking placards for a fee.
II. THE SUIT IN FRANKLIN CIRCUIT COURT
Susan Lawrence, who lives in Louisville, initiated this action in the Franklin Circuit Court. Although Lawrence is not herself disabled, her daughter, who died while this case was pending, was severely disabled. Lawrence was required to pay the placard fee for handicapped accessible parking when transporting her daughter.
Shortly after Lawrence filed suit, David Allgood, who also lives in Louisville, joined as a plaintiff. Allgood is confined to a wheelchair as a result of an accident. He holds a parking placard for which he was required to pay the $8 fee.
Also added to the initial complaint was the Center for Assisted Living (CAL). CAL is a nonprofit disability resource center located in Louisville. As a part of its services, CAL offers transportation for disabled persons; as such, it was also required to pay the $8 fee to obtain an accessible parking placard.
The complaint alleged that the fee charged under KRS 189.456 for the issuance of the parking placard constituted a surcharge in violation of Title II of the Americans with Disabilities Act (ADA), 28 C.F.R. 35.130(f), and the Kentucky Civil Rights Act. It sought injunctive and declaratory relief, as well as monetary damages.
The case was filed against the following state and county officials: Ed Logsdon (now William Bushart), in his capacity as Commissioner of the Department of Motor Vehicles (DMV); John Kennedy Hamilton (now Jonathan Miller), in his capacity as Kentucky State Treasurer; Ann B. Brown, in her capacity as Oldham County Clerk and as representative of the class of clerks of 112 Kentucky counties with populations of less than 70,000; Jack Snodgrass, in his capacity as Campbell County Clerk; J. Michael Libs, in his capacity as Daviess County Clerk; Donald W. Blevins, in
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