In an Americans with Disabilities Act (ADA) action against a city for failure to accommodate Plaintiff’s disability, an injunction in favor of Plaintiff is vacated where 28 C.F.R. section 35.150(d) is not enforceable through a private right of action.

Read Lonberg v. Riverside, No. 06-55781

Appellate Information

Argued and Submitted February 2, 2009

Filed June 26, 2009

Judges

Opinion by Judge Callahan

Dissent by Judge Silverman

Counsel

For Appellant:

Gregory F. Hurley, Greenberg Traurig LLP, Costa Mesa, CA 

Stacey L. Herter, Greenberg Traurig LLP, Costa Mesa, CA 

For Appellee:

Terry J. Kilpatrick, San Luis Obispo, CA

Page Wellcome, Cardiff-by-the-Sea, CA

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