KIROLA v. CITY AND COUNTY OF SAN FRANCISCO

No. 14-17521.

860 F.3d 1164 (2017)

Ivana KIROLA, On Behalf of Herself and The Certified Class of Similarly Situated Persons, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO; Gavin Newsom, in his official capacity as Mayor; Aaron Peskin, in his official capacity as President of the Board of Supervisors; Jake McGoldrick; Michela Alioto-Pier; Ed Jew; Chris Daly; Sean Elsbernd; Bevan Duffy; Tom Ammiano; Sophie Maxwell; Ross Mirkarimi; Gerardo Sandoval, in their official capacities as members of the Board of Supervisors, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2017.


Attorney(s) appearing for the Case

Guy B. Wallace (argued), Jennifer A. Uhrowczik , Sarah Colby , and Mark T. Johnson , Schneider Wallace Cottrell Konecky Wotkyns LLP, Emeryville, California; Monique Olivier , Duckworth Peters Lebowitz Olivier LLP, San Francisco, California; James C. Sturdevant , The Sturdevant Law Firm, San Francisco, California; Ray A. Wendell , Linda M. Dardarian , and Barry Goldstein , Goldstein Borgen Dardarian & Ho, Oakland, California; José R. Allen , Palo Alto, California; for Plaintiff-Appellant.

James M. Emery (argued) and Elaine M. O'Neil , Deputy City Attorneys; Ronald P. Flynn , Chief Deputy City Attorney; Dennis J. Herrera , City Attorney; Office of the City Attorney, San Francisco, California; for Defendants-Appellees.

Jinny Kim and Alexis Alvarez , The Legal Aid Society—Employment Law Center, San Francisco, California, for Amici Curiae The Legal Aid Society-Employment Law Center, AIDS Legal Referral Panel, American Association of People with Disabilities, API Legal Outreach, California Foundation for Independent Living Centers, Civil Rights Education and Enforcement Center, Disability Rights Advocates, Disability Rights California, Disability Rights Education and Defense Fund, Disability Rights Legal Center, The Impact Fund, Independent Living Resource Center San Francisco, National Disability Rights Network, San Francisco Senior and Disability Action, and Swords to Plowshares.

Marc J. Poster and Timothy T. Coates , Greines Martin Stein & Richland LLP, Los Angeles, California, for Amici Curiae League of California Cities, International Municipal Lawyers Association, and California State Association of Counties.

Before: Diarmuid F. O'Scannlain, Ronald M. Gould, and Milan D. Smith, Jr., Circuit Judges.


OPINION

Title II of the Americans with Disabilities Act provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such...

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