Boose v. Tri-County Metro. Transp. Dist. of Oregon, No. 08-35878

In an action alleging that the Americans with Disabilities Act required public transit systems to make certain modifications to their programs for disabled riders, summary judgment for defendants is affirmed where: 1) if the Attorney General was not permitted to make rules about scheduling paratransit trips by vehicle type, then neither could he make rules that effectively required paratransit systems to schedule trips by vehicle type; and 2) the Department of Transportation's public transportation regulations did not adopt and incorporate the Department of Justice's regulations wholesale.

Read Boose v. Tri-County Metro. Transp. Dist. of Oregon, No. 08-35878

Appellate Information

Argued and Submitted October 8, 2009

Filed November 23, 2009

Judges

Opinion by Judge O'Scannlain

Counsel

For Appellant:

Karen Berkowitz, Spencer M. Neal and Ellen Gradison, Oregon Law Center, Portland, OR

For Appellee:

Keith M. Garza and Kimberly Sewell, Oak Grove, OR