United States Ninth Circuit

In an action under the Americans with Disabilities Act against a public transit authority for failure to accommodate sight-impaired passengers, judgment for Plaintiffs is reversed, where the authority complied with Department of Transportation regulations, and had no obligations beyond doing so.

Appellate Information

• Decided 08/13/2009
• Published 08/13/2009

Judges

• O'SCANNLAIN, Circuit Judge:, Before DIARMUID F. O'SCANNLAIN, RONALD M. GOULD and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph Hearst, Berkeley, CA argued the cause for Bay Area Rapid Transit and filed briefs.  Clement Glynn and James Hanlon, Glynn & Finley LLP, Walnut Creek, CA were on the briefs., Karl Gellert, U.S. Department of Justice, Washington, D.C., argued the cause for intervenor-appellant and filed the briefs., Rena Comisac, Acting Assistant Attorney General, and Mark Gross were on the briefs., James LaRusch, American Public Transportation Association, Washington, District of Columbia filed a brief on behalf of amici curiae American Public Transportation Association; Peninsula Corridor Joint Powers Board; San Mateo County District; Golden Gate Bridge, Highway and Transportation District; Central Contra Costa Transit Authority;  Alameda-Contra Costa Transit District; Santa Cruz Metropolitan Transit District; and San Diego MetropolitanTransit System. With him on the brief were Madeline Chun, Hanson Bridgett Marcus Vlahos & Rudy, LLP, San Francisco, California; Kenneth Scheidig, Alameda-Contra Costa Transit District, Oakland, California; Margaret Gallagher, Santa Cruz Metropolitan Transit District, Santa Cruz, California; and Tiffany Lorenzen, San Diego MetropolitanTransit System, San Diego, California., Tiffany Lorenzen, San Diego MetropolitanTransit System, San Diego, California, filed a brief on behalf of amicus curiae San Diego Metropolitan Transit System.


• For Appellees:
  
• Patricia Barbosa, Law Offices of Paul L. Rein, Oakland, CA argued the cause for plaintiffs-appellees and filed a brief.  Paul Rein and Julie Ostel, Law Offices of Paul L. Rein, Oakland, CA, and Bryce Anderson, Law Office of Bryce Anderson, Brentwood, CA were on the brief.