BAILEY v. FRANCE (2021)

United States Court of Appeals, Fifth Circuit.

Shelby BAILEY, Plaintiff—Appellant, v. Kyle FRANCE, In His Official Capacity as Chief Executive of the Board of Commissioners of the Louisiana Stadium and Exposition District, Defendant—Appellee.

No. 20-30594

Decided: July 13, 2021

Before Owen, Chief Judge, and Smith and Graves, Circuit Judges.

Andrew D. Bizer, Garret Scott DeReus, Bizer & DeReus, L.L.C., New Orleans, LA, for Plaintiff - Appellant. H. Michael Bush, Esq., Attorney, Chaffe McCall, L.L.P., New Orleans, LA, for Defendant - Appellee.

This is an appeal of the district court's dismissal of Shelby Bailey's action under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 asserting that he was not provided program access for New Orleans Saints games at the Superdome. See 42 U.S.C. § 12101 et seq.; see also 29 U.S.C. § 794 et seq. This court has considered the appeal on the basis of the briefs, the record and the applicable authority. Having done so, the judgment is AFFIRMED, essentially for the reasons stated in the district court's very thorough, well-reasoned Findings of Fact, Conclusions of Law and Reasons for Judgment.

FOOTNOTES

FOOTNOTE.

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

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