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AMERICAN COUNCIL OF THE BLIND v. PAULSON

No. 07-5063.

525 F.3d 1256 (2008)

The AMERICAN COUNCIL OF THE BLIND, et al., Appellees v. Henry M. PAULSON, Jr., Secretary of the Treasury, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 2008.

Attorney(s) appearing for the Case

Jonathan F. Cohn, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Marleigh D. Dover, and Charles W. Scarborough, Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Scott C. LaBarre argued the cause for amicus curiae National Federation of the Blind in support of appellant. With him on the brief was Joseph B. Espo.

Jonathan T. Howe and C. Michael Deese were on the brief for amicus curiae National Automatic Merchandising Association.

Jeffrey A. Lovitky argued the cause and filed the brief for appellee.

Harold Hongju Koh and David N. Rosen were on the brief for amici curiae Perkins School for the Blind, et al. in support of appellee.

Dissenting opinion by Circuit Judge RANDOLPH.

ROGERS, Circuit Judge:

The Secretary of the Treasury appeals the declaratory judgment that the Treasury Department's failure to design and issue paper currency that is readily distinguishable to the visually impaired violates section 504 of the Rehabilitation Act, 29 U.S.C. § 794. The Secretary contends that various coping mechanisms that enable the visually impaired to use U.S. currency, as well as the availability...

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