Plaintiffs, the Florida Paraplegic Association, Inc. and the Association for Disabled Americans, Inc. ("the Associations"), filed this lawsuit against the defendant, the Miccosukee Indian Tribe ("the Miccosukee Tribe" or "the Tribe"), alleging that a restaurant and entertainment facility owned and operated by the Tribe fails to meet the ADA's requirement that places of public accommodation be accessible to the disabled. In their complaint, the Associations claim that, among other violations, the Tribe's facility does not comply with the ADA in the following respects: the handicapped parking is inadequate; the front door is too difficult to open; the wheelchair ramps have a slope that is too steep; and the bathrooms are not equipped properly for disabled individuals.1 The Associations requested injunctive relief to compel the Tribe to conform its facility to the ADA's requirements for public accommodations. The Tribe moved to dismiss the complaint, asserting that the doctrine of sovereign immunity protects it from suit under this statute.
The district court decided that the ADA is a statute of general applicability and noted that "there is a presumption that a general statute will apply to all persons including Indians and their property interests." 2 Although it recognized three exceptions to this rule, the district court nevertheless found that none of the exceptions was relevant to the present case. The district court therefore concluded that the Miccosukee Tribe was not immune from suit under Title III of the ADA and denied the Tribe's motion to dismiss. The Tribe appeals this ruling.
The district court decided that the ADA is a statute of general applicability and noted that "there is a presumption that a general statute will apply to all persons including Indians and their property interests." 2 Although it recognized three exceptions to this rule, the district court nevertheless found that none of the exceptions was relevant to the present case. The district court therefore concluded that the Miccosukee Tribe was not immune from suit under Title III of the ADA and denied the Tribe's motion to dismiss. The Tribe appeals this ruling.