Daubert v. Lindsay Unified School District

OPINION

M. SMITH, Circuit Judge:

In this appeal, we consider whether Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165 (ADA), requires a public entity to structurally alter public seating at a high school football field, where the seating was constructed prior to the ADA’s enactment, and the school district provides program access to individuals who use wheelchairs. We conclude that Title II imposes no such burden, and we therefore affirm the district court’s grant of summary judgment to Defendant-Appellee Lindsay Unified School District (School District).

FACTUAL AND…