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LINK, INC. v. CITY OF HAYS

No. 80,523.

266 Kan. 648 (1999)

972 P.2d 753

LINK, INC., LOU ANN KIBBEE, and BRIAN ATWELL, Appellees, v. CITY OF HAYS, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1999.

Attorney(s) appearing for the Case

John T. Bird, of Glassman, Bird & Braun, L.L.P., of Hays, argued the cause, and Todd R. Stramel, of the same firm, was with him on the briefs for appellant.

David P. Calvert, of David P. Calvert, P.A., of Wichita, argued the cause, and James L. Germer, of Kansas Advocacy and Protective Services, Inc., of Manhattan, was with him on the briefs for appellees.

Donald L. Moler, Jr., of Topeka, was on the brief for amicus curiae League of Kansas Municipalities.

Michael N. Flesher, of Hays, was on the brief for amicus curiae Kansas Association of Centers for Independent Living.

The opinion of the court delivered by

SIX, J.:

This is a first impression K.S.A. 58-1301 et seq., Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. (1994) mandamus action. Link, Inc., a center for independent living, and two wheelchair users (Link) sought a writ of mandamus directing the City of Hays (City) to enforce the ADA for existing Title III facilities (public accommodations and services operated by private entities). The...

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