1. In an action against a State under the Rehabilitation Act of 1973 as amended, is the State immune from suit under the Eleventh Amendment when the cause of action is couched under the "standards" of the Americans with Disabilities Act pursuant to 29 U.S.C. §794(d)?

2. Did the defendant State of Wyoming waive its immunity defense by litigating the merits of the matter while failing to present evidence that it did not receive federal funds?

3. Is Eleventh Amendment Immunity a question of subject matter jurisdiction or is it an affirmative defense which may be waived?

Whether a state is immune from suit under the Eleventh Amendment in an action under the Rehabilitation Act when the cause of action is based on the standards of the Americans with Disabilities Act