Case Explained: Jennifer Audette; Robert Audette v. Lake of the Woods County; Lake of the Woods Board of Commissioners; James Nordlof

Court: United States Court of Appeals for the Eighth Circuit Filed: 2026-07-24 The eighth-circuit affirmed the district court’s grant of summary judgment in favor of Lake of the Woods County and its officials, holding that the county did not violate Title II of the Americans with Disabilities Act (ADA) by denying the Audettes’ after-the-fact conditional use permit application. The court applied the standard for failure-to-accommodate claims under 42 U.S.C. § 12132 and 28 C.F.R. § 35.130(b)(7)(i), determining that a public entity’s duty to accommodate arises only when it learns of the need for accommodation, and that the accommodation must be reasonable. The court reasoned that the Audettes failed to request a reasonable accommodation at the appropriate time because they constructed a concrete ramp without prior approval despite having knowledge of the permitting requirements and receiving specific instructions during a site visit. Because the Audettes did not seek permission for an alternative accommodation, such as the walkway allowed by county ordinance, before violating zoning laws, their subsequent request in the after-the-fact process—which sought to rescind disciplinary consequences rather than secure reasonable access—was not a valid accommodation request under the ADA. Additionally, the court rejected the Audettes’ disparate treatment claim, finding that board members’ comments during the permit hearing reflected concerns about the applicants’ failure to follow proper procedures and the environmental impact of their construction, rather than discriminatory animus toward Jennifer Audette’s disability. The practical consequence is that the county’s denial of the permit stands, and the Audettes remain subject to the restoration order requiring them to return their property to its original conditions. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.