United States Ninth Circuit

In a discrimination action brought by a quadriplegic NASCAR fan under the Americans with Disabilities Act (ADA) involving claims that when fans immediately in front of plaintiff's wheelchair area stand during the most exciting parts of a race, they blocked his view of the action, summary judgment for defendant is reversed where a Department of Justice regulation requires lines of sight over standing spectators.

Appellate Information

• Argued 04/11/2008
• Decided 08/08/2008
• Published 08/08/2008

Judges

• BYBEE, Circuit Judge:, Before:  WILLIAM C. CANBY, JR. and JAY S. BYBEE, Circuit Judges, and ROGER HUNT, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark D. Potter and Russell C. Handy, Center for Disability Access, LLP, San Marcos, CA, for the plaintiff-appellant., Karen L. Stevens, United States Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for the Amicus United States., Carolyn R. Young, Chapman University School of Law, Orange, CA;  Paula D. Pearlman, Disability Rights Legal Center, Los Angeles, CA, for the Amicus San Diego Polio Survivors.


• For Appellees:
  
• John S. Lowenthal and Bryan R. Reid, Lewis Brisbois Bisgaard & Smith, LLP, San Bernardino, CA, for the defendant-appellee.