Elizabeth KINNEY; Glenn Niman; Daniel C. Sullivan; Diane Fatula; Cassie James; Erik Von Schmetterling; John Gladstone; Tom Levine; Charles Homiller; Rona Schnall; Mary Barnes; Ann McLaughlin; Disabled in Action of Pennsylvania, individually and on behalf of all others similarly situated.
v.
Howard YERUSALIM, individually, and in his official capacity as Secretary of the Pennsylvania Department of Transportation; Alexander Hoskins, individually, and in his official capacity as Commissioner of the Philadelphia Streets Department, Alexander Hoskins, Commissioner of the Philadelphia Streets Department, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 22, 1993.
Decided November 23, 1993.
Attorney(s) appearing for the Case
Judith E. Harris, City Sol., Michael F. Eichert (argued), Office of City Sol., Philadelphia, PA, for appellant.
George R. Specter, Deputy Sol., Gretchen G. Donaldson, Associate Sol., Terri J. Imbarlina, Asst. City Sol., City of Pittsburgh, Dept. of Law, Pittsburgh, PA, for amicus-appellant City of Pittsburgh.
Stephen F. Gold (argued), Robin Resnick, Philadelphia, PA, for appellees.
Thomas K. Gilhool, Frank J. Laski, Public Interest Law Center of Philadelphia, Philadelphia, PA, for amicus-appellees United Cerebral Palsy Associations, Inc.; Adapt; Eastern Paralyzed Veterans of America; Tash: The Ass'n for Persons with Severe Handicaps; Pennsylvania Center for Individual Living.
James P. Turner, Acting Asst. Atty. Gen., Jessica Dunsay Silver, Marie K. McElderry (argued), U.S. Dept. of Justice, Civil Rights Div., Washington, DC, for amicus-appellee U.S. of America.
Before: STAPLETON, ROTH and LEWIS, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ROTH, Circuit Judge:
This appeal requires us to determine whether 28 C.F.R. 35.151(e)(1) (1992), issued by the Attorney General pursuant to Section 204 of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. § 12134 (Supp.1991), requires the City of Philadelphia (the "City") to install curb ramps1 at intersections when it resurfaces city streets. At issue is whether resurfacing constitutes an ...
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