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KEIRNAN v. UTAH TRANSIT AUTHORITY

No. 02-4098.

339 F.3d 1217 (2003)

Paula KEIRNAN, individually and on behalf of a class of similarly situated individuals, Plaintiff-Appellant, v. UTAH TRANSIT AUTHORITY, a Utah DBA and special transportation district; John M. Inglish, UTA Executive Director; Orrin T. Colby, Jr.; William R. Williams; Necia Christensen; Terry Diehl; Biao Chang; Walter D. Talbot; Monta Rae Jeppson; John B. Updike; Howard Rigtrup; Steven K. Randall; Robert W. Davis; D. Brent Hales, Members, UTA Board of Trustees, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 12, 2003.

Attorney(s) appearing for the Case

John Pace (Robert B. Denton and Sonia K. Sweeney with him on the briefs) of Disability Law Center, Salt Lake City, UT, for Plaintiff-Appellant.

Scott A. Hagen (James S. Jardine, Robert O. Rice, and D. Zachary Wiseman with him on the brief) of Ray, Quinney & Nebeker, Salt Lake City, UT, for Defendants-Appellees.

Before HARTZ and McKAY, Circuit Judges, and BRORBY, Senior Circuit Judge.

McKAY, Circuit Judge.

Appellant Keirnan has been an unconditionally eligible paratransit rider pursuant to Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131, et seq.,1 for the past four years. She has been riding Utah Transit Authority (UTA) paratransit for these past four years without incident. Appellant uses an electric wheelchair which weighs 612 pounds when occupied and is longer than forty-eight inches...

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