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City of Arlington v. Frame

Certiorari Denied

Petition for certiorari denied on February 21, 2012.

Docket No.11-746
Op. Below5th Cir.

Issue

(1) Whether a city"s sidewalks, curb ramps, and parking lots " and, by logical extension, other forms of physical infrastructure owned by municipal or state governments " qualify as a "service," "program," or "activity" of a public entity within the meaning of Section 202 of the Americans With Disabilities Act (ADA) or Section 504 of the Rehabilitation Act; and (2) when does a cause of action under those provisions of the ADA and Rehabilitation Act accrue, where the plaintiff"s claims are based on a municipality"s failure to originally build or alter sidewalks or curb ramps so as to provide persons with disabilities with adequate access to a governmental "service," "program," or "activity"?

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