Bass

Bass v. County of Butte

Good Law
197 F. App'x 655
United States Court of Appeals for the Ninth CircuitAugust 15, 2006Nos. 04-16705, 04-17286California408 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiffs Allison Bass, Thomas Parks, and John Muldown filed disability-based employment discrimination claims against Defendant County of Butte alleging violations of federal and state laws. The district court granted summary judgment in favor of Defendant on all claims. On de *657 novo review, Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004), we affirm.

1. Plaintiffs brought claims of employment discrimination under California’s Unruh Civil Rights Act, Cal. Civ.Code § 51, and Disabled Persons Act, Cal. Civ.Code §§ 54, 54.1. We have addressed those claims in a separate published opinion, filed this date.

2. Plaintiffs also brought claims directly under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101-12213 . Defendant argued in support of summary judgment that Plaintiffs’ claims under the ADA were foreclosed because none of the Plaintiffs qualified for accommodations. We agree. To qualify for accommodation, a claimant must meet the statutory definition of “disabled” and be a “qualified individual] with a disability.” 42 U.S.C. §§ 12102 (2), 12111(8), 12112(b)(5)(A).

The ADA defines “disability,” in part, as “(A) a physical or mental…

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