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CIVIL RIGHTS EDUC. v. HOSPITALITY PROPERTIES

No. 16-16269.

867 F.3d 1093 (2017)

CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER, on behalf of itself; Ann Cupolo-Freeman; Ruthee Goldkorn; Julie Reiskin, on behalf of themselves and a proposed class of similarly situated persons defined below, Plaintiffs-Appellants, v. HOSPITALITY PROPERTIES TRUST, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2017.

Attorney(s) appearing for the Case

Timothy P. Fox (argued), Civil Rights Education and Enforcement Center, Denver, Colorado; Bill Lann Lee , Civil Rights Education and Enforcement Center, Berkeley, California; Julia Campins , Campins Benham-Baker LLP, Lafayette, California; Julie Wilensky , Disability Rights California, Oakland, California; for Plaintiffs-Appellants.

David Raizman (argued), Christopher F. Wong , and Kathleen J. Choi , Ogletree Deakins Nash Smoak & Stewart P.C., Los Angeles, California, for Defendant-Appellee.

Lindsay Nako , Jocelyn D. Larkin , and Lynnette Miner , Impact Fund, Berkeley, California, for Amici Curiae Impact Fund, Disability Rights Advocates, Disability Rights Education & Defense Fund, Disability Rights Legal Center, Disability Rights Oregon, Disability Rights Washington, Equal Rights Advocates, Legal Aid Association of California, Legal Aid Society — Employment Law Center, National Association of the Deaf, National Disability Rights Network, and National Federation of the Blind.

Partial Concurrence and Partial Dissent by Judge Morris

OPINION

This case presents two questions of constitutional standing to assert claims under Title III of the Americans with Disabilities Act ("ADA"), and the question of whether those claims are maintainable as a class action. We must decide (1) whether a plaintiff may rely on the "deterrent effect doctrine" to establish...

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