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DARE v. CALIFORNIA

No. 97-56065.

191 F.3d 1167 (1999)

William Robert DARE; Gary Petillo, Plaintiffs-Appellees, v. State of CALIFORNIA; Dept. of Motor Vehicles, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1999.

Attorney(s) appearing for the Case

Angela Sierra, Deputy Attorney General, San Diego, California, for the defendants-appellants.

Andrew R. Hall, Elizabeth Staggs-Wilson, Davis, Wright & Tremaine, Los Angeles, California, for the plaintiffs-appellees.

Mary H. Williams, Assistant Attorney General, Salem, Oregon, for the amicus curiae.

Before: D.W. NELSON, FERNANDEZ, and W. FLETCHER, Circuit Judges.

Opinion by Judge D.W. NELSON; Dissent by Judge FERNANDEZ.

D.W. NELSON, Circuit Judge:

This case involves a challenge under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101, et seq. (West Supp.1999) ("ADA"), and its regulations to California's $6 biennial fee for disability parking placards. The State of California, Department of Motor Vehicles [hereinafter "California"], appeals the district court's grant of partial summary...

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