David Canupp submits amici curiae brief to U.S. Supreme Court
On behalf of the City of Huntsville and the International Municipal Lawyers Association, David Canupp has written and submitted an amici curiae brief to the United States Supreme Court.
The case involves a lawsuit filed by users of motorized wheelchairs in Arlington, Texas. The plaintiffs maintained that the City of Arlington failed to make recently built and altered sidewalks readily accessible to them and therefore violated Title II of the Americans with Disabilities Act (ADA). The plaintiffs maintain that sidewalks, curbs, and parking lots are services under the ADA. The defendant—and the amici curiae brief—maintain that they are not services under the ADA.
The U.S. Fifth Circuit of Appeals ruled in favor of the plaintiffs. The defendants have filed a petition with the U.S. Supreme Court for a writ of certiorari. If the writ is granted, the defendants will then be able to argue their case before the U.S. Supreme Court; if the writ is denied, the decision of the Fifth Circuit will be affirmed.
See also Frame v. City of Arlington, 657 F.3d 215 (5th Cir. 2011).
