Cite as: 541 U. S. 509 (2004)
Opinion of the Court
services, programs, and activities, which are the subject of
Title II; and public accommodations, which are covered by
Title III.
Title II, §§ 12131-12134, prohibits any public entity from
discriminating against "qualified" persons with disabilities in
the provision or operation of public services, programs, or
activities. The Act defines the term "public entity" to include state and local governments, as well as their agencies
and instrumentalities. § 12131(1). Persons with disabilities are "qualified" if they, "with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the
provision of auxiliary aids and services, mee[t] the essential
eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity." § 12131(2). Title II's enforcement provision incorporates by reference § 505 of the Rehabilitation Act of 1973, 92
Stat. 2982, as added, 29 U. S. C. § 794a, which authorizes private citizens to bring suits for money damages. 42 U. S. C.
§ 12133.
III
The Eleventh Amendment renders the States immune
from "any suit in law or equity, commenced or prosecuted ...
by Citizens of another State, or by Citizens or Subjects of
any Foreign State." Even though the Amendment "by its
terms . . . applies only to suits against a State by citizens
of another State," our cases have repeatedly held that this
immunity also applies to unconsented suits brought by a
State's own citizens. Garrett, 531 U. S., at 363; Kimel v.
Florida Bd. of Regents, 528 U. S. 62, 72-73 (2000). Our
cases have also held that Congress may abrogate the State's
Eleventh Amendment immunity. To determine whether it
has done so in any given case, we "must resolve two predicate questions: first, whether Congress unequivocally expressed its intent to abrogate that immunity; and second, if
it did, whether Congress acted pursuant to a valid grant of
constitutional authority." Id., at 73.