WMATA Held Not Immune From Suit Under Sec. 504 of Rehabilitation Act

In Barbour v. WMATA, NO. 03-7044 (D.C. Cir. July 9, 2004), the Court held that WMATA is not protected by sovereign immunity from being sued in federal court under Sec. 504 of the Rehabilitation Act for discrimination based on disability. The Court held that WMATA has waived its immunity to such suits by taking federal transportation funds.

The opinion, and Judge Sentelle's dissent, delve into Constitutional issues involving the 11th Amendment and the Spending Clause.