§Why CasetextPricing

Ms. Wheelerchair California Pageant, Inc. et al v. Starline Tours of Hollywood, Inc.

MEMORANDUM in Support of MOTION for Summary Judgment 115

19 Cited authorities

  1. Lentini v. California Center for the Arts

    370 F.3d 837 (9th Cir. 2004)   Cited 398 times   2 Legal Analyses
    Holding that violating the ADA is a per se violation of the Unruh Act

  2. Spector v. Norwegian Cruise Line Ltd.

    545 U.S. 119 (2005)   Cited 124 times
    Cautioning against reliance on "broad or general language"

  3. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,455 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

  4. Section 12102 - Definition of disability

    42 U.S.C. § 12102   Cited 10,837 times   40 Legal Analyses
    Recognizing ADA claim where plaintiff is "regarded as" disabled

  5. Section 12131 - Definitions

    42 U.S.C. § 12131   Cited 5,156 times   1 Legal Analyses
    Defining discrimination to include the failure to provide "reasonable accommodations"

  6. Section 51 - Unruh Civil Rights Act

    Cal. Civ. Code § 51   Cited 4,699 times   35 Legal Analyses
    Incorporating ADA violations

  7. Section 12182 - Prohibition of discrimination by public accommodations

    42 U.S.C. § 12182   Cited 3,902 times   61 Legal Analyses
    Explaining that public accommodations cannot "directly or through contractual or other arrangements, utilize standards or criteria or methods of administration" that have the effect of discriminating on the basis of disability."

  8. Section 12181 - Definitions

    42 U.S.C. § 12181   Cited 3,470 times   27 Legal Analyses
    Including "grocery store" and "pharmac[ies]" whose operations "affect commerce" within the definition of "public accommodation"

  9. Section 54 - Right to full and free use of streets, highways, sidewalks, public building, other public places

    Cal. Civ. Code § 54   Cited 1,143 times   5 Legal Analyses
    Defining "disability" as an "impairment that substantially limits one or more of the major life activities of the individual"

  10. Section 12186 - Regulations

    42 U.S.C. § 12186   Cited 209 times
    Authorizing the Secretary of Transportation to issue regulations implementing the transportation-related provisions of Titles II and III

  11. Section 12184 - Prohibition of discrimination in specified public transportation services provided by private entities

    42 U.S.C. § 12184   Cited 67 times   1 Legal Analyses
    Stating that "[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce"

  12. Section 37.3 - Definitions

    49 C.F.R. § 37.3   Cited 46 times   1 Legal Analyses
    Defining public entity to include local government, any department, agency or instrumentality of local government, and any commuter authority

  13. Section 37.173 - Training requirements

    49 C.F.R. § 37.173   Cited 27 times
    Implementing the ADA

  14. Section 37.1 - Purpose

    49 C.F.R. § 37.1   Cited 9 times

    The purpose of this part is to implement the transportation and related provisions of titles II and III of the Americans with Disabilities Act of 1990. 49 C.F.R. §37.1

  15. Section 38.23 - Mobility aid accessibility

    49 C.F.R. § 38.23   Cited 6 times

    (a)General. All vehicles covered by this subpart shall provide a level-change mechanism or boarding device (e.g., lift or ramp) complying with paragraph (b) or (c) of this section and sufficient clearances to permit a wheelchair or other mobility aid user to reach a securement location. At least two securement locations and devices, complying with paragraph (d) of this section, shall be provided on vehicles in excess of 22 feet in length; at least one securement location and device, complying with

  16. Section 37.101 - Purchase or lease of vehicles by private entities not primarily engaged in the business of transporting people

    49 C.F.R. § 37.101   Cited 2 times

    (a)Application. This section applies to all purchases or leases of vehicles by private entities which are not primarily engaged in the business of transporting people, in which a solicitation for the vehicle is made after August 25, 1990. (b)Fixed Route System. Vehicle Capacity Over 16. If the entity operates a fixed route system and purchases or leases a vehicle with a seating capacity of over 16 passengers (including the driver) for use on the system, it shall ensure that the vehicle is readily

  17. Section 37.7 - Standards for accessible vehicles

    49 C.F.R. § 37.7   Cited 2 times

    (a) For purposes of this part, a vehicle shall be considered to be readily accessible to and usable by individuals with disabilities if it meets the requirements of this part and the standards set forth in part 38 of this title. (b) (1) For purposes of implementing the equivalent facilitation provision in §38.2 of this subtitle, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation: (i) A public or

  18. Section 37.105 - Equivalent service standard

    49 C.F.R. § 37.105   Cited 2 times

    For purposes of §§37.101 and 37.103 of this part, a fixed route system or demand responsive system, when viewed in its entirety, shall be deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics: (a) (1) Schedules/headways

  19. Section 1192.3 - Definitions

    36 C.F.R. § 1192.3

    Accessible means, with respect to vehicles covered by this part, compliance with the provisions of this part. Automated guideway transit (AGT) system means a fixed-guideway transportation system which operates with automated (driverless) individual vehicles or multi-car trains. Service may be on a fixed schedule or in response to a passenger-activated call button. Such systems using small, slow moving vehicles, often operated in airports and amusement parks, are sometimes called people movers. Bus