Whether a public entity may avoid liability under Title II of the Americans with Disabilities Act by providing alternate accessible accommodations without being required to demonstrate such accommodations are effective to afford meaningful access in an existing court facility

QUESTIONS PRESENTED This case presents a split between the circuits and conflict with this Court’s decision in Tennessee v. Lane, 541 U.S. 509 (2004), as to the fundamental right of access to the courts by persons with disabilities, including petitioner who is a wheelchair-bound trial attorney. Here, petitioner was totally denied access to a court proceeding only reachable by a staircase and continues to be forced to conduct proceedings in the hallway. This case is of great National importance as any holding remedying petitioner’s wheelchair access to the courthouse will serve to assist all others with disabilities and further promote the inclusion and integration of the disabled into society. The questions presented are: 1. Whether a public entity may “avoid liability” under Title II of the Americans with Disabilities Act by providing “alternate accessible accommodations” without being required to demonstrate such accommodations are “effective” to afford meaningful access in an existing court facility, as mandated by Lane? 2. Whether a circuit court may accept and rely upon facts and statements raised for the first time on appeal and in opposition to a motion for an injunction pending appeal in considering the merits of an appeal of the denial of a motion for a preliminary injunction, where such facts and statements were not li QUESTIONS PRESENTED — Continued presented to the district court as it denied the underlying motion before receiving opposition and without finding any facts as required by Federal Rule of Civil Procedure 52(a)(2), or whether the circuit court should have remanded the matter for fair compliance with the fact finding mandate of Rule 52(a), as required by this Court’s decision in Mayo v. Lakeland Highlands Canning Co., 309 U.S. 310 (1949), and its progeny?