Daubert v. Lindsay Unified School District

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 PROCEDURAL BACKGROUND

Lindsay, California is a small town located in the Visalia-Porterville Metropolitan area. The town has a total area of 2.6 miles and a population of under 12,000. Approximately 1,100 students attend Lindsay High School.

Lindsay High School has a football field that is typical of those found at many small high schools. It consists of a turf field surrounded by a chain link fence. Beyond the fence lies a single set of metal bleachers on the south side of the field. The bleachers are small, spanning from one thirty-yard line to the other, and they are surrounded by pavement on all sides. The…