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DAUBERT v. LINDSAY UNIFIED SCHOOL DIST.

No. 12-16252.

760 F.3d 982 (2014)

Timothy S. DAUBERT, Plaintiff-Appellant, v. LINDSAY UNIFIED SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2014.

Attorney(s) appearing for the Case

Russell Handy (argued), Center for Disability Access, San Diego, CA, for Plaintiff-Appellant.

Michael J. Maurer (argued), McCormick Kabot Jenner & Lew, Visalia, CA, for Defendant-Appellee.

Before: M. MARGARET McKEOWN and MILAN D. SMITH, Jr., Circuit Judges, and SUSAN R. BOLTON, District Judge.

OPINION

M. SMITH, Circuit Judge:

In this appeal, we consider whether Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165 (ADA), requires a public entity to structurally alter public seating at a high school football field, where the seating was constructed prior to the ADA's enactment, and the school district provides program access to individuals who use wheelchairs. We conclude...

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