Levorsen v. Octapharma Plasma, Inc.

I respectfully dissent. The sole question on appeal is whether a plasma-donation center constitutes a “service establishment” within the meaning of 42 U.S.C. § 12181(7)(F). In contrast to the majority, I do not believe that such centers fall within the ambit of the term “service establishment.” Therefore, I would affirm the district court’s judgment.

I

A '

In 42 U.S.C. § 12181(7)(F), Congress identified a category of “private entities [that] are considered public accommodations” — i.e., service establishments — under Title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§…