Greater Los Angeles Council on Deafness, Inc. v. Malcolm Baldrige, Secretary of the Department of Commerce

Plaintiffs/appellants The Greater Los Angeles Council on Deafness, Inc. (“GLAD”), Abraham and Sue Gottfried, and Marcella Meyer brought suit against the Department of Commerce (“Secretary” or “Department”). Plaintiffs alleged that the Department failed to act on an administrative complaint plaintiffs filed with the Department pursuant to regulations promulgated under the Rehabilitation Act, 29 U.S.C. § 794 . Plaintiffs also sought a declaratory judgment from the district court interpreting the Rehabilitation Act. The district court dismissed the case, holding that plaintiffs failed to state a claim upon which relief could be granted and that the court lacked subject-matter jurisdiction.

We reverse the district court with respect to the claim involving the Secretary’s failure to act on the administrative complaint and remand for further proceedings. We uphold the court’s refusal to issue a declaratory judgment.

I.

Four plaintiffs filed suit against the Department on March 17, 1986. Plaintiffs were GLAD, a nonprofit corporation devoted to furthering the interests of deaf and hearing-impaired individuals, acting on its own behalf and on behalf of its deaf and hearing-impaired…