United States Ninth Circuit

In an action under the Americans with Disabilities Act (ADA) seeking to require AMC to provide "full and equal enjoyment" to disabled moviegoers in ninety-six stadium-style multiplexes located across the nation, a remedial order issued against AMC is vacated and remanded for further proceedings where: 1) the injunction violates due process because it requires modifications to multiplexes that were designed or built before the government gave fair notice of its interpretation of the applicable regulation; and 2) the district court abused its discretion in neglecting comity concerns when issuing a nationwide injunction that included the Fifth Circuit.

Appellate Information

• Argued 11/07/2007
• Decided 12/05/2008
• Published 12/05/2008

Judges

• Before:  KIM McLANE WARDLAW, CARLOS T. BEA, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Laura M. Franze (argued) and M. Brett Burns, Hunton & Williams LLP, Los Angeles, CA and San Francisco, CA, and Edward P. Lazarus and Michael C. Small, Akin Gump Strauss Hauer & Feld LLP, Los Angeles, CA, for the defendants-appellants., Gregory B. Friel (argued), Wan J. Kim, and Jessica Dunsay Silver, Department of Justice, Washington, D.C., for the plaintiff-appellee.