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Fortyune v. City of Lomita

United States Court of Appeals, Ninth Circuit

September 5, 2014

ROBIN FORTYUNE, Plaintiff-Appellee,
v.
CITY OF LOMITA, Defendant-Appellant

Argued and Submitted, Pasadena, California February 13, 2014

Page 1099

Appeal from the United States District Court for the Central District of California. D.C. No. 2:11-cv-06644-DDP-JCG. Dean D. Pregerson, District Judge, Presiding.

Americans with Disabilities Act

Affirming the district court's denial of a motion to dismiss, the panel held that Title II of the Americans with Disabilities Act requires local governments to provide accessible on-street parking in the absence of regulatory design specifications for on-street parking facilities.

The panel stated that the text of the ADA, the relevant implementing regulations, and the Department of Justice's interpretation of its own regulations all led it to conclude that public entities must ensure that all normal governmental functions are reasonably accessible to disabled persons, irrespective of whether the DOJ has adopted technical specifications for the particular types of facilities involved. The panel held that the plaintiff had stated claims under the ADA and the California Disabled Persons Act based on the defendant city's alleged failure to provide accessible on-street diagonal stall parking.

Robert Brockman, Jr. (argued), Matthew Racine, and Lee H. Roistacher, Daley & Heft LLP, Solana Beach, California, for Defendant-Appellant.

Maria Michelle Uzeta (argued), Russell C. Handy, and Mark D. Potter, Potter Handy LLP, San Diego, California, for Plaintiff-Appellee.

Thomas E. Perez, Assistant Attorney General, Christopher Chen-Hsin Wang (argued), and Mark Lenard Gross, United States Department of Justice, Civil Division, Washington, D.C., for Amicus Curiae the United States.

Alison Daly Alpert, Best, Best & Kreiger, San Diego, California, for Amicus Curiae League of California Cities.

Before: Richard A. Paez and Jacqueline H. Nguyen, Circuit Judges, and J. Frederick Motz, Senior District Judge.[*] Opinion by Judge Paez.

OPINION

Page 1100

PAEZ, Circuit Judge:

In this case, we must decide whether Title II of the Americans with Disabilities Act (" ADA" ) requires local governments to provide accessible on-street parking in the absence of regulatory design specifications for ...


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