The Scope of Statutory Permissiveness: Private Actions to Enforce Self-Evaluation and Transition Plans under Title II of the Americans with Disabilities Act

Toby Tyler, a former police officer disabled in the line of duty, was convinced that his hometown's attempts to comply with the Americans with Disabilities Act' (ADA) were palpably inadequate. The city claimed it was financially incapable of modifying its sidewalks and curbs in a timely manner, and it resisted Tyler's repeated requests for other facilitative adaptations. Although Tyler desired to be active in civic affairs, the city permitted its advisory committees to convene in a restaurant lacking handicap-accessible restrooms, and the City Commission refused to generate audio copies of important documents debated in its biweekly meetings. Tyler enjoyed watching tennis and baseball, and yet the city delayed constructing the handicap ramps necessary to provide egress from certain recreational viewing areas. After frequent but ultimately ineffective attempts to convince the city to comply voluntarily with the ADA, Tyler brought suit for injunctive relief. However, rather than premising liability solely on violations of the ADA itself, Tyler also included a more adventitious claim: that the city had failed to formulate an adequate transition plan and selfevaluation plan required by Title II's implementing regulations, which