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KARCZEWSKI v. DCH MISSION VALLEY LLC

No. 15-55633.

862 F.3d 1006 (2017)

John KARCZEWSKI, Plaintiff-Appellant, v. DCH MISSION VALLEY LLC, a California Limited Liability Company, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2017.

Attorney(s) appearing for the Case

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

Lann G. McIntyre (argued), Jonna D. Lothyan , Ryan P. Garchie , and Jeffry A. Miller , Lewis Brisbois Bisgaard & Smith LLP, San Diego, California, for Defendant-Appellee.

Felicia Ruth Reid (argued), Hirschfeld Kraemer LLP, San Francisco, California, for Amici Curiae National Automobile Dealers Association, California New Car Dealers Association, and National Mobility Equipment Dealers Association.

Christopher C. Wang and Sharon M. McGowan , Attorneys; Vanita Gupta , Principal Deputy Assistant Attorney General; Appellate Section, Civil Rights Division, United States Department of Justice, Washington, D.C.; for Amicus Curiae United States.

Concurrence by Judge Bybee, dubitante

OPINION

Plaintiff John Karczewski, who is paralyzed from the waist down, sought to test-drive one of the cars offered for sale by Defendant DCH Mission Valley LLC. He requested that Defendant temporarily install hand controls so that he could test-drive the car, but Defendant declined. Plaintiff then brought this...

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