United States Ninth Circuit

In an action alleging that the Americans with Disabilities Act required public transit systems to make certain modifications to their programs for disabled riders, summary judgment for defendants is affirmed where: 1) if the Attorney General was not permitted to make rules about scheduling paratransit trips by vehicle type, then neither could he make rules that effectively required paratransit systems to schedule trips by vehicle type; and 2) the Department of Transportation's public transportation regulations did not adopt and incorporate the Department of Justice's regulations wholesale.

Appellate Information

• Argued 10/08/2009
• Decided 11/23/2009
• Published 11/23/2009

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and RONALD M. WHYTE, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karen Berkowitz, Oregon Law Center, Portland, OR, argued the cause for appellant Barbara Boose and filed briefs;  Spencer M. Neal, Oregon Law Center, Portland, OR, and Ellen Gradison, Oregon Law Center, Corvallis, OR, were also on the briefs., Susan E. Nash, Wesley T. Shih, Avi Braz, and Adam R. Lawton, Munger, Tolles & Olson LLP, Los Angeles, CA;  and Paula Perlman, Deborah Dorfman, and Shawna Parks, Los Angeles, CA, submitted a brief in support of the appellant on behalf of amici curiae Disability Rights Legal Center, Disability Rights California, the California Foundation for Independent Living Centers, the Disability Rights Education and Defense Fund, Inc., Disability Rights Washington, and Disability Rights Oregon.


• For Appellees:
  
• Keith M. Garza, Oak Grove, OR, argued the cause for appellee TriMet and filed a brief;  Kimberly Sewell, Portland, OR, was also on the brief., Tiffany Lorenzen, San Diego, CA, submitted a brief in support of the appellee on behalf of amicus curiae San Diego Metropolitan Transit System., James LaRusch, Washington, DC;  Kenneth Scheidig, Oakland, CA;  George Sparks, Sacramento, CA;  Madeline Chun, Hanson Bridgett Marcus Vlahos & Rudy, LLP, San Francisco, CA;  Gregory Smith, Muncie Public Transportation Corp., Muncie, IN;  Tiffany Lorenzen, San Diego, CA;  Ben C. Fetherston, Jr., Fetherston Edmonds LLP, Salem, OR;  Jenifer Ross-Amato, Denver, CO;  and Kevin Desmond, Seattle, WA, submitted a brief in support of the appellee on behalf of amici curiae American Public Transportation Association, AlamedaContra Costa Transit District, CalACT, San Mateo County Transit District, Golden Gate Bridge, Highway and Transportation District, Central Contra Costa Transit Authority, Muncie Indiana Transit System, San Diego Metropolitan Transit System, Salem Area MassTransit District, Regional Transportation District-Denver, and King County Department of Transportation.