032345P.pdf   07/07/2006  Charlotte Klingler  v.  MO Dept. of Revenue
   U.S. Court of Appeals Case No:  03-2345
   Western District of Missouri   
   [PUBLISHED] [Arnold, Author, with Wollman and Melloy, Circuit Judges]
   Civil case - Americans with Disabilities Act. Plaintiffs' claims
   concerning Missouri's $2.00 charge for a handicapped parking placard
   did not seriously implicate fundamental rights, such as access to the
   courts or the right to vote; the fee, while a violation of the regulations
   implementing the ADA, is not unconstitutional, as the state can
   reasonably collect the fee to pay for the cost of the placard program, to
   discourage frivolous applications and to control fraudulent use of
   disabled parking spaces; in deciding whether Congress validly abrogated
   Missouri's sovereign immunity with respect to the claims plaintiffs
   present, the court would consider Title II of the ADA and not just the
   regulations implementing it; Title II did not validly abrogate Missouri's
   sovereign immunity in the context of these challenges to its surcharge on
   parking placards; the court's holding today only prevents the plaintiffs
   from recovering the $2.00 annual fee they paid since 1990 because as to
   the category of claims involving rational discrimination based on
   disability, Title II of the ADA is not an appropriate exercise of
   Congress's power under Section 5 of the Fourteenth Amendment.
  
032345P.pdf   01/17/2006  Charlotte Klingler  v.  MO Dept. of Revenue
   U.S. Court of Appeals Case No:  03-2345
   Western District of Missouri   
   [PUBLISHED] [Arnold, Author, with Wollman and Melloy, Circuit Judges]
   Civil Case - Americans with Disability Act. On remand from the
   Supreme Court of the United States for further consideration in light of
   Tennessee v. Lane, 541 U.S. 509 (2004) and Gonzalez v. Raich, 125
   S.Ct. 2899 (2005)(mem.). The State of Missouri's collection of an annual
   fee for parking placards issued to disabled drivers is a discriminatory
   surcharge and violates regulations issued pursuant to Title II of the Act.
  
032345P.pdf   05/03/2004  Charlotte Klingler  v.  MO Dept. of Revenue
   U.S. Court of Appeals Case No:  03-2345
   Western District of Missouri   
   Civil case - Americans With Disabilities Act. Application of Title II of 
   the Americans With Disabilities Act to prohibit the Director of the 
   Missouri Department of Revenue from collecting a $2.00 fee from 
   persons obtaining handicapped parking placards is an unconstitutional 
   exercise of Congress's commerce clause power, and the district court 
   erred in enjoining the Director from collecting the fee. Dissent by Judge 
   Richard S. Arnold. 
   [PUBLISHED] [M. Arnold, Author]