Enriching, Inc. v. City of Fountain Valley

Good Law
151 F. App'x 523
United States Court of Appeals for the Ninth CircuitOctober 4, 2005No. 03-57121; D.C. No. CV-02-00337-JVSCalifornia836 words

Opinion

Lead Opinion

MEMORANDUM **

Enriching, Inc. (“Enriching”) commenced this action against the City of Fountain Valley, California (the “City”), claiming that the City discriminated against it as a representative of its disabled clients in violation of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-165 . After a short trial, the jury returned a verdict in the City’s favor. We conclude that there is sufficient evidence to support the jury’s decision and that none of Enriching’s other grounds for appeal has merit.

On appeal from a jury verdict, our standard of review is whether the evidence is adequate to support the jury’s conclusion. Pavao v. Pagay, 307 F.3d 915, 918 (9th Cir.2002). Title II requires public entities to “make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability.” 28 C.F.R. § 35.130 (b)(7). 1 The ADA does not require a public entity to grant any accommodation requested by an applicant. It requires only that a proposed accommodation be reasonable. Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1089 (9th Cir.2002).

Enriching claims that the jury erroneously…

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