A.R. ex rel. Root v. Dudek, 31 F. Supp. 3d 1363

DOJ filed a Title II ADA action against the State of Florida alleging unlawful segregation of nearly 200 disabled children in institutions.
DOJ contends Florida reduced private-duty nursing and community-based services for children with disabilities.
Children’s Case (A.R. et al. v. Dudek) was filed in 2012 alleging similar ADA violations and consolidated with the DOJ Action in 2013.
Disability Rights Florida sought to intervene but was denied after court found adequate representation by DOJ and existing plaintiffs.
Florida moved for judgment on the pleadings arguing DOJ lacks standing to sue under Title II; DOJ argued Title II incorporates enforcement remedies from Section 504 and Title VI.
The court denied Florida’s motion, holding DOJ’s interpretation of Title II as authorizing litigation is reasonable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does DOJ have standing to sue under Title II of the ADA?	DOJ argues Title II incorporates remedies allowing enforcement via litigation.	Florida contends there is no explicit congressional authorization for DOJ to sue under Title II.	DOJ standing is reasonable; motion denied.

City of Arlington, Texas v. FCC, 133 S. Ct. 1863 (U.S. 2013) (statutory ambiguity resolved by agency reasonable interpretation)
Smith v. The City of Philadelphia, 345 F. Supp. 2d 482 (E.D. Pa. 2004) (DOJ separate jurisdiction under Title II and §504/Title VI enforcement)
United States v. City and County of Denver, 927 F. Supp. 1396 (D. Colo. 1996) (DOJ authority to initiate Title II enforcement actions)
Cannon v. University of Chicago, 441 U.S. 677 (U.S. 1979) (enforcement mechanisms and private rights linked by statutory pattern)
Smith v. City of Philadelphia (alternate), 345 F. Supp. 2d 482 (E.D. Pa. 2004) (Title II enforcement aided by Section 504/Title VI framework)