Disabled Rights Action Committee v. Fremont Street Experience Limited Liability Co.

ORDER

The memorandum disposition filed May 20, 2002, is withdrawn and is replaced by a memorandum disposition filed contemporaneously with this order.

*102 The panel has voted to deny the petition for panel rehearing, and Judges Hawkins and Silverman have voted to deny the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing is denied and the petition for rehearing en banc is rejected.

MEMORANDUM ***

A group of plaintiffs led by the Disabled Rights Action Committee appeals the grant of summary judgment in favor of the Fremont Street Experience Limited Liability Company (“FSELLC”). The appellants sought to enjoin the FSELLC from violating Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12181 , et seq. Because the parties are familiar with the facts, we will not recite them in detail except as necessary. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The appellants contend that the FSELLC violates Title III of the ADA by failing to exercise due care to ensure…