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DISABLED RIGHTS ACTION COMM. v. LAS VEGAS EVENTS

No. 02-17163.

375 F.3d 861 (2004)

DISABLED RIGHTS ACTION COMMITTEE, Plaintiff-Appellant, v. LAS VEGAS EVENTS, INC.; University of Nevada, Las Vegas, Thomas and Mack Center; Professional Rodeo Cowboys Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 2004.

Attorney(s) appearing for the Case

Richard F. Armknecht, III, Armknecht & Cowdell, P.C., Lindon, UT, for the plaintiff-appellant.

Elayna J. Youchah, Schreck Brignone, Las Vegas, NV; Walter L. Ayers, University and Community College System of Nevada, Las Vegas, NV; and Elizabeth R. Brennan, Lionel Sawyer & Collins, Las Vegas, NV, for the defendants-appellees.

Before HAWKINS, PAEZ, and BERZON, Circuit Judges.

BERZON, Circuit Judge.

The central question in this Americans with Disabilities Act (ADA) suit is whether the two private entities that stage the National Finals Rodeo at a publicly-owned arena in Las Vegas "operate" the arena during the Rodeo, and so are responsible for assuring compliance with the ADA's public accommodation physical accessibility requirements. The district court thought not. Also at issue is whether the suit can proceed without the participation...

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