United States DC Circuit

Declaratory judgment against the Secretary of the Treasury holding that the Treasury Department's failure to design and issue paper currency that is readily distinguishable to the visually impaired violates section 504 of the Rehabilitation Act is affirmed and the case remanded to address a request for injunctive relief where: 1) plaintiff demonstrated both the denial of meaningful access and the availability of facially reasonable accommodations that are feasible and efficacious; 2) the Secretary failed to demonstrate that implementation of accommodations suggested by plaintiff involve an undue burden.

Appellate Information

• Argued 11/19/2007
• Decided 05/20/2008
• Published 05/20/2008

Judges

• Before:  RANDOLPH, ROGERS and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jonathan F. Cohn, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellant.   With him on the briefs were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Marleigh D. Dover, and Charles W. Scarborough, Attorneys.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance., Scott C. LaBarre argued the cause for amicus curiae National Federation of the Blind in support of appellant.   With him on the brief was Joseph B. Espo., Jonathan T. Howe and C. Michael Deese were on the brief for amicus curiae National Automatic Merchandising Association.


• For Appellees:
  
• Jeffrey A. Lovitky argued the cause and filed the brief for appellee., Harold Hongju Koh and David N. Rosen were on the brief for amici curiae Perkins School for the Blind, et al. in support of appellee.