Christopher BACON; D.B., the infant who sues by and through his mother and next friend Vicki Beatty; Vicki Beatty; Citizens for Full Access in Richmond, Plaintiffs-Appellees,
v.
CITY OF RICHMOND, VIRGINIA; L. Douglas Wilder, Jr., in his official capacity as Mayor of Richmond, Virginia; City Council of Richmond, Virginia, Defendants-Appellants,
School Board of the City of Richmond, Virginia, Defendant-Amicus Curiae.
Virginia Municipal League; Local Government Attorneys of Virginia, Incorporated, Amici Supporting Appellants,
Virginia Office for Protection and Advocacy, Commonwealth of Virginia; Paralyzed Veterans of America, Amici Supporting Appellees.
Christopher Bacon; D.B., the infant who sues by and through his mother and next friend Vicki Beatty; Vicki Beatty; Citizens for Full Access in Richmond, Plaintiffs-Appellants,
v.
City of Richmond, Virginia; L. Douglas Wilder, Jr., in his official capacity as Mayor of Richmond, Virginia; City Council of Richmond, Virginia, Defendants-Appellees,
School Board of the City of Richmond, Virginia, Defendant-Amicus Curiae.
Virginia Office for Protection and Advocacy, Commonwealth of Virginia; Paralyzed Veterans of America, Amici Supporting Appellants,
Virginia Municipal League; Local Government Attorneys of Virginia, Incorporated, Amici Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued November 29, 2006.
Decided January 23, 2007.
Attorney(s) appearing for the Case
ARGUED: David J. Freedman, Assistant City Attorney, City Attorney's Office for the City of Richmond, Richmond, Virginia, for Appellants/Cross-Appellees. Joseph J. Mueller, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Boston, Massachusetts, for Appellees/Cross-Appellants. ON BRIEF: Beverly Agee Burton, Senior Assistant City Attorney, City Attorney's Office for the City of Richmond, Richmond, Virginia, for Appellants/Cross-Appellees. David D. Hopper, Cook, Heyward, Lee, Hopper & Feehan, P.C., Richmond, Virginia; Cynthia D. Vreeland, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Boston, Massachusetts; Christopher Davies, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Washington, D.C., for Appellees/Cross-Appellants. William D. Bayliss, Edward J. Dillon, Williams Mullen, P.C., Richmond, Virginia, for Amicus Curiae School Board of the City of Richmond, Virginia. William S. Mailander, Michael P. Horan, Paralyzed Veterans of America, Washington, D.C., for Amicus Curiae Paralyzed Veterans of America. Julie C. Kegley, Steven M. Traubert, Commonwealth of Virginia, Virginia Office for Protection and Advocacy, Richmond, Virginia, for Amicus Curiae The Commonwealth of Virginia, Virginia Office for Protection and Advocacy. L. Lee Byrd, Sharon E. Pandak, Jeffrey H. Geiger, Sands, Anderson, Marks & Miller, P.C., for Amici Curiae Virginia Municipal League and Local Government Attorneys of Virginia, Inc.
Before WILKINSON and DUNCAN, Circuit Judges, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Reversed by published opinion. Judge WILKINSON wrote the opinion, in which Judge DUNCAN and Judge GOODWIN joined.
OPINION
WILKINSON, Circuit Judge.
In this case we are asked to decide whether a city may be required to fund a federal court order mandating the system-wide retrofitting of city schools, under Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-34 (2000), without any determination that the city discriminated...
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