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CULVAHOUSE v. CITY OF LAPORTE

Cause No. 3:06-CV-313 RM.

679 F.Supp.2d 931 (2010)

Jon CULVAHOUSE, et al., Plaintiffs v. CITY OF LAPORTE, Indiana, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

December 22, 2009.

Attorney(s) appearing for the Case

Kenneth J. Falk, ACLU of Indiana, Indianapolis, IN, for Plaintiffs.

Mark L. Phillips, Michelle L. Shirk, Newby Lewis Kaminski & Jones LLP, Laporte, IN, for Defendant.

OPINION AND ORDER

ROBERT L. MILLER, JR., Chief Judge.

Both sides seek summary judgment on the issue of whether sidewalks in the City of LaPorte violate Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. In reliance on 42 U.S.C. § 12132, the plaintiffs say the City's sidewalks qualify as a "service, program, or activity" within the meaning of the ADA, so the City must make the sidewalks readily accessible to...

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