IVERSON v. CITY OF BOSTON

No. 05-2697.

452 F.3d 94 (2006)

G. David IVERSON and Access with Success, Inc., Plaintiffs, Appellants, v. CITY OF BOSTON, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 30, 2006.


Attorney(s) appearing for the Case

Nicholas S. Guerrera, with whom Shaheen Guerrera & O'Leary LLC was on brief, for appellants.

Kate Cook, Assistant Corporation Counsel, for appellee.

Before SELYA, LIPEZ and HOWARD, Circuit Judges.


SELYA, Circuit Judge.

This case requires us to decide whether the self-evaluation and transition plan regulations promulgated by the Attorney General under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12165, are enforceable through a private right of action. Two of our sister circuits have divided over the appropriate answer to this thorny question. Compare Ability Ctr. of Greater Toledo v. City of Sandusky,

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