California Paralyzed Veterans Ass'n v. Federal Communications Commission

MEMORANDUM OF DECISION

The principal question before this court is whether section 503 of the Rehabilitation Act of 1973, 29 U.S.C. § 793 (1976), implied ly authorizes a private suit for damages in federal court. Additionally, the defendants have raised the issue of whether a complainant must exhaust administrative remedies before the Department of Labor prior to initiating a private action. In No. 79-644-WPG, defendant Columbia Broadcasting System also argues that the California Association of the Physically Handicapped (“CAPH”) lacks standing to sue. Finally, plaintiffs have asserted a right to attorneys fees based on their claims against the Federal Communications Commission under section 504 of the Rehabilitation Act of 1973.

For the reasons outlined below, this court finds that section 503 does create a private right of action; plaintiffs need not exhaust administrative remedies thereunder; plaintiff CAPH has standing to sue on behalf of its members; and plaintiffs are not entitled to an attorneys fee award against the FCC.

1. SECTION 503 OF THE REHABILITATION ACT OF 1973

Section 503 requires all federal contracts in excess of $2,500 for the procurement of personal…