In an action alleging that the Americans with Disabilities Act required public transit systems to make certain modifications to their programs for disabled riders, summary judgment for defendants is affirmed where: 1) if the Attorney General was not permitted to make rules about scheduling paratransit trips by vehicle type, then neither could he make rules that effectively required paratransit systems to schedule trips by vehicle type; and 2) the Department of Transportation's public transportation regulations did not adopt and incorporate the Department of Justice's regulations wholesale.
Argued and Submitted October 8, 2009
Filed November 23, 2009
Opinion by Judge O'Scannlain
Karen Berkowitz, Spencer M. Neal and Ellen Gradison, Oregon Law Center, Portland, OR