Bingham

MEMORANDUM **

Defendant Oregon School Activities Association (“OSAA”) appeals the district court’s judgment in favor of Plaintiff Adam Bingham. Bingham is a learning-disabled student who was required to repeat his sophomore year of high school due to poor academic progress. The district court determined that OSAA violated Title II of the Americans with Disabilities Act when it refused to waive its Eight-Semester Rule and barred Bingham from participating in high school athletics during the 1998-99 academic year. The district court granted Bingham injunctive relief and awarded attorney fees and costs. We have appellate jurisdiction under 28 U.S.C. § 1291 . We conclude that Bingham’s request for injunctive relief has become moot and, therefore, we vacate the district court’s injunction, except for the award of attorney fees and costs. See Williams v. Alioto, 625 F.2d 845, 847-48 (9th Cir.1980) (party who “obtained the desired relief’ by obtaining preliminary injunction in civil rights action entitled to attorney fee award notwithstanding subsequent dismissal of appeal as moot and vacatur of injunction).

The district court’s injunction included two components: (1) OSAA was enjoined…