28 CFR Part 35 · Subpart F — Compliance Procedures
§ 35.178 State immunity
Last updated June 11, 2026
What 28 CFR §35.178 requires of state and local governments.
In Plain Language
States are not immune from Title II lawsuits under the Eleventh Amendment. Congress validly abrogated state sovereign immunity when it enacted Title II. This means that individuals can sue state government entities in federal court for Title II violations — states cannot claim immunity as a shield. The same remedies available against local governments are available against state governments.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.178
Verbatim from 28 CFR Part 35, current through June 9, 2026.
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.
What § 35.178 Means in Practice
- States are not immune from ADA lawsuits: the statute abrogates Eleventh Amendment immunity for violations
- Remedies against states are the same as against any other public or private entity
- Courts have upheld this abrogation most strongly where fundamental rights, like court access, are involved
- State agencies should not assume sovereign immunity will shield Title II claims
Common Questions
Can a state be sued in federal court for an ADA Title II violation?
Yes. The Supreme Court has confirmed that Congress validly abrogated state sovereign immunity for Title II claims, at least in core areas like court access.
Does this mean states face unlimited liability?
No. Remedies are defined by the ADA and federal courts. But immunity is not a defense.
Does § 35.178 apply to your entity?
You don’t need to fix everything today. You need to know what matters first. We’ll help you find it.
Prefer to talk it through? Call the Title II Line: (608) 960-8830