BOOSE v. TRI-COUNTY METRO. TRANSP. DIST. OF OREGON

No. 08-35878.

587 F.3d 997 (2009)

Barbara BOOSE, Plaintiff-Appellant, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 23, 2009.


Attorney(s) appearing for the Case

Karen Berkowitz, Oregon Law Center, Portland, OR, argued the cause for appellant Barbara Boose and filed briefs; Spencer M. Neal, Oregon Law Center, Portland, OR, and Ellen Gradison, Oregon Law Center, Corvallis, OR, were also on the briefs.

Keith M. Garza, Oak Grove, OR, argued the cause for appellee TriMet and filed a brief; Kimberly Sewell, Portland, OR, was also on the brief.

Susan E. Nash, Wesley T. Shih, Avi Braz, and Adam R. Lawton, Munger, Tolles & Olson LLP, Los Angeles, CA; and Paula Perlman, Deborah Dorfman, and Shawna Parks, Los Angeles, CA, submitted a brief in support of the appellant on behalf of amici curiae Disability Rights Legal Center, Disability Rights California, the California Foundation for Independent Living Centers, the Disability Rights Education and Defense Fund, Inc., Disability Rights Washington, and Disability Rights Oregon.

Tiffany Lorenzen, San Diego, CA, submitted a brief in support of the appellee on behalf of amicus curiae San Diego Metropolitan Transit System.

James LaRusch, Washington, DC; Kenneth Scheidig, Oakland, CA; George Sparks, Sacramento, CA; Madeline Chun, Hanson Bridgett Marcus Vlahos & Rudy, LLP, San Francisco, CA; Gregory Smith, Muncie Public Transportation Corp., Muncie, IN; Tiffany Lorenzen, San Diego, CA; Ben C. Fetherston, Jr., Fetherston Edmonds LLP, Salem, OR; Jenifer Ross-Amato, Denver, CO; and Kevin Desmond, Seattle, WA, submitted a brief in support of the appellee on behalf of amici curiae American Public Transportation Association, AlamedaContra Costa Transit District, CalACT, San Mateo County Transit District, Golden Gate Bridge, Highway and Transportation District, Central Contra Costa Transit Authority, Muncie Indiana Transit System, San Diego Metropolitan Transit System, Salem Area Mass Transit District, Regional Transportation District-Denver, and King County Department of Transportation.

Before: DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and RONALD M. WHYTE, District Judge.


O'SCANNLAIN, Circuit Judge:

We are called upon to decide whether the Americans with Disabilities Act requires public transit systems to make certain modifications to their programs for disabled riders.

I

A

Tri-County Metropolitan Transportation District of Oregon ("TriMet") is a public entity providing mass transportation services in Multnomah, Washington, and Clackamas Counties (generally, the Portland, Oregon metropolitan area). Pursuant...

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