Supreme Court Denies Cert in Frame v. City of Arlington

Back in September, the en banc Fifth Circuit (in Frame v. City of Arlington, a case I argued when I was at DOJ), ruled 8-7 that newly built or altered public sidewalks are covered by Title II of the ADA, and that the statute of limitations on such a Title II violation does not begin to run until the plaintiff knows or should know that s/he is being denied the benefits of those sidewalks.  Although the Fifth Circuit's ruling on ADA coverage was in accord with the rulings of every other circuit to have decided the question, the City nonetheless filed a petition for certiorari in the Supreme Court.  Today, the Court denied that petition.