concurring.
I concur in the majority’s opinion because it is clear that Spades failed to show that the legitimate nondiscriminatory reason proffered by the city for his termination was pretextual. When this ease was argued, neither Sutton nor Murphy had yet been decided by the United States Supreme Court. These cases were not relied upon by the district court or by the parties on appeal. The issue of whether Spades was a “qualified individual with a disability,” according to the standards set forth in Sutton and Murphy, was not adequately briefed or argued. With regard to this controversial and evolving area of law, I would await a situation where resolution of the issue is necessary to the disposition of the case, and where the issue has been fully briefed. Accordingly, I would affirm the district court for the reasons it relied upon in its well-reasoned order granting summary judgment.