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MILLER v. CALIFORNIA SPEEDWAY CORP.

No. 06-56468.

536 F.3d 1020 (2008)

Robert MILLER, Plaintiff-Appellant, v. The CALIFORNIA SPEEDWAY CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2008.

Attorney(s) appearing for the Case

Mark D. Potter and Russell C. Handy, Center for Disability Access, LLP, San Marcos, CA, for the plaintiff-appellant.

John S. Lowenthal and Bryan R. Reid, Lewis Brisbois Bisgaard & Smith, LLP, San Bernardino, CA, for the defendant-appellee.

Karen L. Stevens, United States Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for the Amicus United States.

Carolyn R. Young, Chapman University School of Law, Orange, CA; Paula D. Pearlman, Disability Rights Legal Center, Los Angeles, CA, for the Amicus San Diego Polio Survivors.

Before: WILLIAM C. CANBY, JR. and JAY S. BYBEE, Circuit Judges, and ROGER HUNT, District Judge.

BYBEE, Circuit Judge:

Appellant Robert Miller is a big fan of NASCAR, attending from three to six events a year at the California Speedway in Fontana. He also happens to be a quadriplegic who uses an electric wheelchair. When the fans immediately in front of Miller stand during the most exciting parts of the race, they block his view of the action.

Appellee California Speedway Corporation ("Speedway") opened the California Speedway in 1997. The track and stadium...

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