United States Ninth Circuit
Fortyune v. City of Lomita, 12-56280
In this action alleging that defendant-city failed to provide accessible on-street diagonal stall parking in violation of the Americans with Disabilities Act (ADA) and California Disabled Persons Act, the district court's denial of defendant's motion to dismiss is affirmed, where the text of the ADA, the relevant implementing regulations, and the Department of Justice's (DOJ) interpretation of its own regulations all lead to the conclusion that public entities must ensure that all normal governmental functions are reasonably accessible to disabled persons, irrespective of whether the DOJ has adopted technical specifications for the particular types of facilities involved.
Appellate Information
- Decided 09/05/2014
- Published 09/05/2014
Judges
- Paez
Court
- United States Ninth Circuit