Mahala Ault v. Walt Disney World Co.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
DEC 14, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-15668
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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.
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Appeal from the United States District Court
for the Middle District of Florida
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(December 14, 2010)
Before WILSON, PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:

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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.
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