FOR IMMEDIATE RELEASE
July 12, 2024
Contact:
Tina Pinedo, DREDF Communications Director, media@dredf.org
BERKELEY, CA — On July 11, 2024, Disability Rights Education and Defense Fund (DREDF) filed a motion with the Ninth Circuit Court of Appeal seeking leave to participate as amicus curiae in Guthrey v. Alta California Regional Center, a case that will decide whether regional centers and their vendors are subject to the anti-discrimination provisions of the Americans with Disabilities Act (ADA).
DREDF’s proposed amicus brief—written with assistance from Amy Robertson of Fox and Robertson, PC and Deborah Gettleman of McGuinness Law Group, PC—was joined by eleven other disability and civil rights organizations.
Title III of the ADA governs private businesses and nonprofits such as the regional centers and vendors. It prohibits disability discrimination in both their physical premises and in the programs and services they offer.
In Guthrey, a woman with developmental disabilities and her mother/conservator sued Alta California Regional Center and two of its vendors alleging discrimination in violation of Title III of the ADA and other federal and state laws. The district court for the Eastern District of California dismissed the complaint, holding that regional centers and their vendors are not subject to Title III because their services are provided off-site, and not in their physical offices. The district court also held that because Guthrey could not establish her ADA claim, her other disability rights claims failed.
DREDF’s brief demonstrates that this is a misinterpretation of Title III; the statute does not require that covered services be provided on the physical premises of a covered business. The brief further argues that this misinterpretation radically limits the application and effectiveness of the ADA, contrary to the intent of Congress that it be a clear and comprehensive mandate for the elimination of disability discrimination.
DREDF’s brief also challenges the district court’s holding that a violation of the ADA is a prerequisite for claims under other disability rights laws. The brief concludes that the errors in the district court’s Order, if allowed to stand, will have a devastating impact on individuals with intellectual and developmental disabilities in California who rely on services and supports delivered by regional centers and their vendors in the field to ensure their full and equal access to and participation in the community.
“This district court’s Order sets a dangerous precedent,” said Michelle Uzeta, Deputy Legal Director at DREDF. “If not corrected, it will upend decades of disability rights litigation and render the promise of disability rights laws null.”
“The Ninth Circuit has clearly held that services provided by a physical place of public accommodation—such as the regional centers here—are covered even when they occur off-site or even on the internet,” said Amy Robertson of the Fox & Robertson firm. “We urge the court to take the opportunity to correct this misguided district court decision.”
“The lower court’s misinterpretation of the law strips regional center clients of their court-enforceable protections against discrimination,” said Deborah Gettleman of McGuinness Law Group. “The decision betrays California’s promise of equal access, full integration and empowerment for people with intellectual and developmental disabilities.”
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About Disability Rights Education and Defense Fund: Disability Rights Education and Defense Fund (DREDF) is a leading national civil rights law and policy center directed by individuals with disabilities and parents who have children with disabilities. Founded in 1979, DREDF works to advance the civil and human rights of people with disabilities through legal advocacy, training, education, and public policy and legislative development. Learn more at dredf.org.
About Fox & Robertson: Fox & Robertson is a law firm based in Denver, Colorado with a practice focused on impact disability rights litigation as well as individual advocacy and education. More information is available at www.foxrob.com.
About McGuinness Law Group: McGuinness Law Group is a nationally recognized law firm focused on advancing the rights of people with disabilities through strategic and cutting-edge litigation. More information at www.mcguinness-legal.com.