Miller v. the California

I. FACTS AND PROCEEDINGS BELOW

A. The Regulatory Scheme

1. The Americans With Disabilities Act

[1] Title III of the ADA prohibits discrimination against any individual “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advan- tages, or accommodations of any place of public accommoda- 10192 MILLER v. CALIFORNIA SPEEDWAY tion.” 42 U.S.C. § 12182(a). Discrimination includes “a failure to remove architectural barriers” or “where . . . removal of a barrier . . . is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods.” 42 U.S.C. § 12182(b)(2)(A)(iv), (v). The ADA further requires that newly constructed facilities be “readily accessi- ble to and usable by individuals with disabilities.” 42 U.S.C. § 12183(a)(1). The ADA directs the Attorney General to “issue regulations . . . that include standards applicable to facilities” covered by Title III and to provide “appropriate technical assistance manuals to individuals or entities with rights or duties” under Title III. 42 U.S.C. §§ 12186(b), 12206(c)(3).…