Thomas

Hawaii appeals from the district court’s denial of its motion to dismiss Thomas’ Americans with Disabilities Act (ADA) claims on sovereign immunity grounds. The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1332(a)(3) and (4). We have jurisdiction to determine whether or not we have jurisdiction. Matsuk v. INS, 247 F.3d 999, 1000-01 (9th Cir.2001). If we have jurisdiction to reach the merits of this appeal, it will be pursuant to the collateral order doctrine outlined in Puerto Rico Aqueduct & Sewer Authority v. Metcalf & Eddy, Inc., 506 U.S. 139, 144-45 , 113 S.Ct. 684 , 121 L.Ed.2d 605 (1993).

I.

The history of this case is more thoroughly described in Thomas v. Nakatani, 128 F.Supp.2d 684 (D.Haw.2000). By way of summary, Sue Thomas, the Appellee, is deaf and relies upon the assistance of her guide dog, Amazing Grace, to accomplish a number of important life activities. On April 26, 1999, she arrived in Hawaii, with Amazing Grace, to give a motivational speech.

At that time, Hawaii quarantined all dogs entering the state for 120 days to “prevent the introduction of rabies [into Hawaii].” Haw. Admin. R. § 4-29-9(a). Upon arrival, Thomas and Amazing Grace…