Tatum, Ganden, and the earlier Bowers case, which applied the ADA to the NCAA. Martin I, 204 F.3d at 998. And the decisions in Bowers, Cole, and Pryor — each of which applied the ADA to the NCAA — had not yet been decided. These intervening developments in the law warrant this Court’s reconsideration of its prior holding. In its briefing and accompanying exhibits, Defendant NCAA in the instant case seeks to absolve itself from liability under Title III based on the argument that it does not constitute a public accommodation. The parties do not dispute two elements of Title III liability: that the operation of football stadiums affects commerce or that the NCAA is a private entity. See Nat’l Collegiate Athletic Ass’n v. Tarkanian, 488 U.S. 179, 195, 109 S.Ct. 454, 102 L.Ed.2d 469 (1988) (<HOLDING>). Instead, the NCAA asserts that its member
holding state university is not a person under  1983 holding that there is no private right of action against a state governmental entity for violations of the texas constitution holding that ncaa is private entity even in situations where state university delegates certain authority to it holding that the fact that the city had delegated its municipal engineering functions to a private entity was dispositive in establishing that documents generated by the private entity were public records holding that the university of maryland law school was a state agency