Opinion

Jotham Clement Johnson v. City of Saline

  • 151 F.3d 564
  • 8 Am. Disabilities Cas. (BNA) 629
  • 1998 U.S. App. LEXIS 18155
  • 1998 WL 442669
Court
Court of Appeals for the Sixth Circuit
Filed
Aug 6, 1998
Status
Published
Author
Moore
On the bench
Boggs, Norris, Moore
Cited by
119 cases

reasoning that the word “ ‘activities,’ on its face, suggests great breadth and offers little basis to exclude any actions of a public entity,” and thus holding that a contract to operate the city’s public access cable station was an activity within the meaning of Title II

How later courts described this case

  • reasoning that the word “ ‘activities,’ on its face, suggests great breadth and offers little basis to exclude any actions of a public entity,” and thus holding that a contract to operate the city’s public access cable station was an activity within the meaning of Title II
  • concluding that “services, programs, and activities include all government activities” and that “the phrase ‘services, programs, or activities’ encompasses virtually everything that a public entity does”
  • finding that “the phrase ‘services, programs, or activities’ encompasses virtually everything that a public entity does” and “include[s] all of the activities of a public entity.”
  • concluding that “services, programs, and activities include all government activities” and that the language “encompasses virtually everything that a public entity does”

Written by the judges who cited it.

The opinion

MOORE, Circuit Judge,

concurring in part.

I concur in the majority opinion with one exception. The last paragraph of part III A of the majority includes a sentence regarding the hypothetical intersection of lowest-bidder contracting requirements and reasonable accommodations for disabilities. This sentence does not pertain to any facts or legal issues presented in this appeal. This sentence is pure dictum; it is totally unnecessary and irrelevant to our disposition of this case. In other respects I concur with the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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