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Legal Miscellany

By "Milbarge" and "Fitz-Hume"

1. I wrote here recently about the Sirius-XM satellite radio merger. See also here for more background. But way back here, I wrote about another proposed merger, this one between grocery chains Whole Foods and Wild Oats. Basically, I analogized these two specialty stores to the satellite radio companies, and figured that if these two organic stores could merge and not threaten the greater grocery market, the satellite radio outfits could merge and not cause a blip in the larger music entertainment industry. Anyway, in my original post, I noted that a federal judge had refused the Federal Trade Commission's attempt to block the merger. Well, a couple of weeks ago, the D.C. Circuit reversed that judgment, and sent the case back to the district court. The merger isn't totally kaput (in fact, much of it has already happened), but it's an interesting development in light of the recent approval of the radio merger by the DOJ and FCC. Lots of info about the appeals court decision is available via How Appealing here and here.

2. Going even farther back in time, way back here some four-and-a-half years ago, I wrote about lawsuits seeking to apply the Americans with Disabilities Act to stadium-style movie theaters. Very briefly, the issue (which has divided the courts of appeals) is whether the ADA requires theaters to provide only unobstructed sight lines for wheelchair-bound patrons, or if it requires the theaters to provide seats comparable to those higher up in the "stadium." (Go to the linked post for more background; see also this follow-up with more thoughts.)

Again via the indispensable How Appealing, I see that the Ninth Circuit decided a related case, Miller v. California Speedway Corporation. This one involves the ADA's application to racetracks. A NASCAR fan who is confined to a wheelchair wanted to watch the races, but his view was obstructed by the fans who stood up during the exciting parts of the race. He sought an order applying the ADA to the track in such a way as to require a sight-line for him comparable to standing fans. The Ninth Circuit allowed the suit to proceed. (The movie theater cases were cited in the opinion.)

These suits, at bottom, are about accommodations in public places for those in wheelchairs, and could potentially affect lots of venues. But the legal questions turn on the interpretation of the ADA, the Department of Justice's regulations implementing the Act, and its Manual providing guidance for understanding the regulations, along with the deference courts will give to the Executive agency's interpretations. Basically, an Administrative Law orgy. Don't be surprised to see the Supreme Court take this case, if not during the next term then once the district court reaches a final decision.

Full post as published by Begging the Question on August 11, 2008 (boomark / email).