1. Where Congress conditioned the Americans with Disabilities Act to the states ' receipt of funding under Title IV of the Social Security Act pursuant to 42 U.S.C. §608(d)(3) or other similar statutes and/or where the states have agreed to a "statement of assurances " with the federal government specifically enumerating the ADA in order to receive funding, must a Title II plaintiff demonstrate a 14th Amendment violation under U.S. v. Georgia to avoid dismissal when the state 's waiver of sovereign immunity is by voluntary agreement pursuant to Congress 's spending clause powers, and not pursuant to Congress 's §5 powers to abrogate sovereign immunity to enforce the 14th amendment as was analyzed in Georgia ?

2. Does Noerr-Pennington immunity apply to arbitrations conducted by private nongovernmental entities as the Ninth Circuit held here and in conflict (e.g. a split) with the Colorado Supreme Court and other federal courts which have held that arbitrations do not constitute a "petition to government " protected by the First Amendment and Noerr-Pennington?

3. Where a private organization which conducts arbitrations is also given authority by the state to select candidates for judicial appointment does arbitral immunity extend to non-arbitral related acts of giving racial preferences for positions as was held here and in contravention of Forrester v. White 484 U.S. 219 (1988)?

Where Congress conditioned the ADA to states' receipt of funding, must a Title II plaintiff demonstrate a 14th Amendment violation under U.S. v. Georgia to avoid dismissal when the state's waiver of sovereign immunity is by voluntary agreement pursuant to Congress's spending clause powers?