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BARDEN v. CITY OF SACRAMENTO

No. 01-15744.

292 F.3d 1073 (2002)

Joan BARDEN; Susan Barnhill; Jeffrey Evans; Tony Martinez; Brenda Pickern; Jeff Thom; Suzanne Fitts Valters; Mitch Watkins, and all others similarly situated, Plaintiffs-Appellants, v. CITY OF SACRAMENTO; Mike Kashiwagi, Director of the Department of Public Works of the City of Sacramento, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 2002.

Attorney(s) appearing for the Case

Laurence W. Paradis, Melissa W. Kasnitz, Disability Rights Advocates, Oakland, CA, for the plaintiffs-appellants.

Gerald C. Hicks, Deputy City Attorney, Sacramento, CA, for the defendants-appellees.

Kevin Russell, Department of Justice, Washington, DC, for amicus curiae United States of America.

Gregory F. Hurley, Kutak Rock LLP, Newport Beach, CA, for amici curiae National League of Cities and 76 California cities.

Janice M. Kroll, Munger, Tolles & Olson LLP, Los Angeles, CA, for amicus curiae Western Law Center for Disability Rights.

Before HUG, CUDAHY, and TASHIMA, Circuit Judges.

OPINION

TASHIMA, Circuit Judge.

We must decide whether public sidewalks in the City of Sacramento are a service, program, or activity of the City within the meaning of Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132, or § 504 of the Rehabilitation Act, 29 U.S.C. § 794. We hold that they are and, accordingly, that the sidewalks are subject to program accessibility regulations promulgated in furtherance of these statutes...

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