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FERGUSON v. CITY OF PHOENIX

No. 96-17350.

157 F.3d 668 (1998)

William D. FERGUSON; Elizabeth T. Ferguson; Bonnie P. Tucker; Jay T. Frankel; Barbara Jean Coffman, Plaintiffs-Appellants, v. CITY OF PHOENIX, a municipality; Lyle Rodabough; Jane Doe Rodabough, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 3, 1998.

Attorney(s) appearing for the Case

Stanley Ray Watts and Suzanne M. Dohrer, Dohrer & Watts, Phoenix, Arizona, for plaintiffs-appellants.

Eileen Joan Dennis and William R. Jones, Jr., Jones, Skelton & Hochuli, Phoenix, Arizona, for defendants-appellees.

Douglas L. Parker, Georgetown University Law Center, Washington, DC, for amicus California Coalition of Agencies Serving the Deaf and Hard of Hearing, Inc., and National Association of the Deaf.

Susan M. Freeman, Lewis & Roca, Phoenix, Arizona, for amicus National League of Cities, United States Conference of Mayors, League of Arizona Cities and Towns, and International Municipal Lawyers' Association.

Jessica Dunsay Silver, United States Department of Justice, and Gregory B. Friel, United States Department of Justice, Civil Rights Division, Washington, DC, for amicus United States of America.

Before: WOOD, RYMER, and TASHIMA, Circuit Judges.

Opinion by Judge WOOD; Dissent by Judge TASHIMA.

WOOD, Circuit Judge:

Plaintiffs, who are deaf or hearing impaired, in lieu of the common telephone must rely on telecommunications devices (TDDs). TDDs are considered standard communication equipment for those with a hearing disability in order to enable them to communicate by telephone, including making 9-1-1 emergency system calls. Three separate lawsuits, later consolidated, seeking declaratory, injunctive...

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