AMERICAN DIABETES ASS'N v. U.S. DEPT. OF ARMY

No. 18-15242.

938 F.3d 1147 (2019)

AMERICAN DIABETES ASSOCIATION, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF THE ARMY; Ryan D. McCarthy, Secretary of the Army, in his official capacity; United States Army Family and Morale, Welfare and Recreation Programs; United States Army Child, Youth and School Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2019.


Attorney(s) appearing for the Case

Stuart Seaborn (argued), Rebecca Williford , Jessica Agatstein , and Freya Pitts , Disability Rights Advocates, Berkeley, California, for Plaintiff-Appellant.

Edward Himmelfarb (argued) and Marleigh D. Dover , Appellate Staff; Alex G. Tse , Acting United States Attorney; Hashim M. Mooppan , Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Michael A. Greene , Richardson Wright LLP, Portland, Oregon; Gregory G. Paul , Morgan & Paul PLLC, Pittsburgh, Pennsylvania; John W. Griffin , Marek Griffin & Knaupp, Victoria, Texas; for Amicus Curiae Pediatric Diabetes Community.

Jocelyn Larkin , Lindsay Nako , and Daniel Nesbit , Impact Fund, Berkeley, California, for Amici Curiae Impact Fund, AARP, AARP Foundation, Animal Legal Defense Fund, Bay Area Legal Aid, Civil Rights Education and Enforcement Center, Law Foundation of Silicon Valley, Legal Aid Association of California, Legal Aid at Work, Legal Aid Foundation of Los Angeles, Legal Services for Prisoners with Children, National Women's Law Center, Public Interest Law Project, Southern Poverty Law Center, and Worksafe Inc.

Todd R. Geremia , Jones Day, New York, New York; Eli M. Temkin , Jones Day, Minneapolis, Minnesota; for Amici Curiae Disability Rights Organizations.

Before: Eugene E. Siler, Michael Daly Hawkins, and Jacqueline H. Nguyen, Circuit Judges.


OPINION

BACKGROUND

The American Diabetes Association (the "Association") is a nationwide nonprofit with a mission "to prevent and cure diabetes and to improve the lives of those affected by diabetes." In furtherance of its mission, the Association, inter...

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