DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
203728P.pdf 03/28/2022 Barry Segal v. Metropolitan Council
U.S. Court of Appeals Case No: 20-3728
U.S. District Court for the District of Minnesota
[PUBLISHED] [Erickson, Author, with Loken and Kelly, Circuit Judges]
Civil case - Americans with Disabilities Act. Plaintiff, who is blind and
deaf, filed at least 150 complaints that defendant's bus drivers failed to
properly stop at designated bus stops, and he brought this action under
the ADA, the Rehabilitation Act, and the Minnesota Human Rights Act for
denial of service; a violation of a Department of Transportation
regulation is not a per se violation of the ADA; however, the district
court erred in granting defendant's motion for summary judgment as the
record contained evidence sufficient to raise a genuine issue of material
fact as to whether defendant provided plaintiff meaningful access to bus
service; at trial the DOT regulations cited by plaintiff requiring drivers
to "stop and announce" and requiring defendant to provide training for
drivers are admissible as evidence that the jury may consider when
determining whether plaintiff met his burden of showing he was denied
meaningful access to the defendant's bus services.