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FORTYUNE v. CITY OF LOMITA

No. 12-56280.

766 F.3d 1098 (2014)

Robin FORTYUNE, Plaintiff-Appellee, v. CITY OF LOMITA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2014.

Attorney(s) appearing for the Case

Robert Brockman, Jr. (argued), Matthew Racine , and Lee H. Roistacher , Daley & Heft LLP, Solana Beach, CA, for Defendant-Appellant.

Maria Michelle Uzeta (argued), Russell C. Handy , and Mark D. Potter , Potter Handy LLP, San Diego, CA, for Plaintiff-Appellee.

Thomas E. Perez , Assistant Attorney General, Christopher Chen-Hsin Wang (argued), and Mark Lenard Gross , United States Department of Justice, Civil Division, Washington, D.C., for Amicus Curiae the United States.

Alison Daly Alpert , Best, Best & Kreiger, San Diego, CA, for Amicus Curiae League of California Cities.

Before: RICHARD A. PAEZ and JACQUELINE H. NGUYEN, Circuit Judges, and J. FREDERICK MOTZ, Senior District Judge.

OPINION

PAEZ, Circuit Judge:

In this case, we must decide whether Title II of the Americans with Disabilities Act ("ADA") requires local governments to provide accessible on-street parking in the absence of regulatory design specifications for on-street parking facilities. We hold that it does.

I. BACKGROUND

Robin Fortyune is a paraplegic who uses a wheelchair for mobility. He filed suit against the City of Lomita ("City") in state court...

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