allege a state action toward the disabled to be irrational: "Moreover, the State need not articulate its reasoning at the moment a particular decision is made. Rather, the burden is upon the challenging party to negative "'any reasonably conceivable state of facts that could provide a rational basis for the classification.'" Heller, supra, at 320 (quoting FCC v. Beach Communications, Inc., 508 U.S. 307, 313 (1993))." The Supreme Court mentioned the government's argument that "the inquiry as to unconstitutional discrimination should extend not only to States themselves, but to units of local governments, such as cities and counties." It admitted that local governments "are 'state actors' for purposes of the Fourteenth Amendment" but added, "These entities are subject to private claims for damages under the ADA without Congress' ever having to rely on § 5 of the Fourteenth Amendment to render them so. It would make no sense to consider constitutional violations on their part, as well as by the States themselves, when only the States are the beneficiaries of the Eleventh Amendment." Also, "States are not required by the Fourteenth Amendment to make special accommodations for the disabled, so long as their actions towards such individuals are rational. They could quite hardheadedly – and perhaps hardheartedly – hold to job-qualification requirements which do not make allowance for the disabled. If special accommodations for the disabled are to be required, they have to come from positive law and not through the Equal Protection Clause." The ADA, by allowing states to be sued for damages by private plaintiffs for failing to provide reasonable accommodations provided significantly more Fourteenth Amendment protection for people with disabilities than was allowed by Boerne. That level of protection, the Supreme Court held, was not "congruent and proportional" to the wrong of discrimination against people with disabilities. The Supreme Court did not address the ability of the federal government to sue the states directly or the ability of Congress to subject local governments to private lawsuits, enforcing federal anti-discrimination laws enacted pursuant to Article I, for example. Thus, the ADA did not constitutionally abrogate the states' sovereign immunity. The decision's scope, however, should not be overstated. While it prevents states from being subject to money damages for violations of Title I of the ADA, states are still subject to prospective injunctive relief, under Ex parte Young (1908). Dissent The Court split 5–4, with Justice Stephen Breyer filing