GEORGE v. BAY AREA RAPID TRANSIT

Nos. 07-15661, 07-15896.

577 F.3d 1005 (2009)

Sheron GEORGE; Sharricci Fourte-Dancy, Plaintiffs-Appellees, v. BAY AREA RAPID TRANSIT, Defendant-Appellant. Sheron George; Sharricci Fourte-Dancy, Plaintiffs-Appellees, United States of America, Appellant, v. Bay Area Rapid Transit, Defendant.

United States Court of Appeals, Ninth Circuit.

Submitted August 5, 2009.

Filed August 13, 2009.


Attorney(s) appearing for the Case

Patricia Barbosa, Law Offices of Paul L. Rein, Oakland, CA argued the cause for plaintiffs-appellees and filed a brief. Paul Rein and Julie Ostel, Law Offices of Paul L. Rein, Oakland, CA, and Bryce Anderson, Law Office of Bryce Anderson, Brentwood, CA were on the brief.

Joseph Hearst, Berkeley, CA argued the cause for Bay Area Rapid Transit and filed briefs. Clement Glynn and James Hanlon, Glynn & Finley LLP, Walnut Creek, CA were on the briefs.

Karl Gellert, U.S. Department of Justice, Washington, D.C., argued the cause for intervenor-appellant and filed the briefs.

Rena Comisac, Acting Assistant Attorney General, and Mark Gross were on the briefs.

James LaRusch, American Public Transportation Association, Washington, District of Columbia filed a brief on behalf of amici curiae American Public Transportation Association; Peninsula Corridor Joint Powers Board; San Mateo County District; Golden Gate Bridge, Highway and Transportation District; Central Contra Costa Transit Authority; Alameda-Contra Costa Transit District; Santa Cruz Metropolitan Transit District; and San Diego Metropolitan Transit System. With him on the brief were Madeline Chun, Hanson Bridgett Marcus Vlahos & Rudy, LLP, San Francisco, California; Kenneth Scheidig, Alameda-Contra Costa Transit District, Oakland, California; Margaret Gallagher, Santa Cruz Metropolitan Transit District, Santa Cruz, California; and Tiffany Lorenzen, San Diego Metropolitan Transit System, San Diego, California.

Tiffany Lorenzen, San Diego Metropolitan Transit System, San Diego, California, filed a brief on behalf of amicus curiae San Diego Metropolitan Transit System.

Before DIARMUID F. O'SCANNLAIN, RONALD M. GOULD and CARLOS T. BEA, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether sight-impaired transit riders can recover under the Americans with Disabilities Act where a public transit service system complies with existing federal design regulations for train station accessibility.

I

A

1

Sheron George had congenital cataracts. By 1998, her vision had become impaired to the point that she was declared legally blind.1 George valued...

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