Mahala Ault v. Walt Disney World Co.

Filing 920101214


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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 09-15668 ________________________ ELEVENTH CIRCUIT DEC 14, 2010 JOHN LEY CLERK D. C. Docket No. 07-01785 CV-ORL-31-KRS MAHALA AULT, STACIE RHEA, DAN WALLACE, on their own behalf and on behalf of all other similarly situated, Plaintiffs-Appellants JERRY MILLER, DISABILITY RIGHTS ADVOCATES FOR TECHNOLOGY, JERRY KERRY, et al Intervenor-Plaintiffs-Appellees, versus WALT DISNEY WORLD CO., Defendant-Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (December 14, 2010) Before WILSON, PRYOR and ANDERSON, Circuit Judges. PER CURIAM: After oral argument and careful consideration, we conclude for the reasons fully discussed at oral argument that the district court erred in concluding that the named plaintiffs lacked prudential standing. The interests sought to be protected by the named plaintiffs are arguably within the zone of interest protected by 42 U.S.C. 12182. Accordingly, we vacate the judgment of the district court and remand for further proceedings, including inter alia a determination as to whether the claims of the named plaintiffs are typical of the claims of the class and whether they are adequate representatives of the class. VACATED and REMANDED. 2

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