# Paralyzed Veterans of America v. Civil Aeronautics Board

> Court of Appeals for the D.C. Circuit · November 14, 1986 · 804 F.2d 1306

URL: https://www.frixlaw.com/law-library/cases/7851739

## Case

- **Full name:** PARALYZED VETERANS OF AMERICA, American Coalition of Citizens with Disabilities, American Council of the Blind v. CIVIL AERONAUTICS BOARD, Federal Aviation Administration, United States Department of Transportation, Regional Airline Association, Intervenor
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** November 14, 1986
- **Citations:** 804 F.2d 1306; 256 U.S. App. D.C. 277
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Mikva, Wald
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7851739

## Opinion text

PER CURIAM.
In Paralyzed Veterans of America v. Civil Aeronautics Board, 752 F.2d 694 (1985), this court held that § 504 of the Rehabilitation Act of 1973 applies to all commercial airlines, regardless of whether they receive direct federal subsidies. The court accordingly vacated the Civil Aeronautics Board’s (CAB’s) decision to apply its final rule implementing § 504 only to air carriers that receive subsidies under § 406(b) or § 419 of the Federal Aviation Act. In addition, this court remanded the rule to CAB’s successor agency, the Department of Transportation (DOT), with orders to redraft the rule to the extent necessary to apply it to all commercial air carriers.
In United States Department of Transportation v. Paralyzed Veterans of *278 America, — U.S. -, 106 S.Ct. 2705 , 91 L.Ed.2d 494 (1986), the Supreme Court reversed this court’s judgment, holding that § 504 applies only to those commercial airlines receiving direct federal subsidies under § 406(b) or § 419 of the Federal Aviation Act. In light of the Supreme Court’s holding, this court now dismisses the petitioners’ challenge to the agency’s rule. Any reservations this court previously expressed about the substance of the rule arose from this court’s belief that the rule properly applied to all commercial airlines. Given the Supreme Court’s decision concerning the application of the rule, the basis for these reservations has disappeared. Accordingly, the agency rule implementing § 504 of the Rehabilitation Act of 1973 is enforceable and the petition for review is dismissed.
It is so ordered.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7851739. Public record. Not legal advice.