Attorneys for a disabled man who sued the Utah Department of Transportation for not installing curb ramps outside his Layton home have asked a federal judge to reconsider his decision to dismiss part of the lawsuit.
In a motion filed Tuesday, Disability Law Center attorney John Pace charges that U.S. District Judge Dee Benson's decision is contrary to precedent from the 10th Circuit Court of Appeals.
Ronald Decker sued UDOT and its former executive director, Thomas Warne, for alleged violations of the Americans with Disabilities Act.
But Benson's Nov. 1 ruling that determined the ADA applies only to public entities and may not be enforced against individuals in their official capacities is incorrect, Pace argues.
The motion asks Benson to reinstate Decker's ADA claims.