Theriault v. Flynn

• Decision Date: 19 September 1998
• Docket Number: No. 98-1420,98-1420
• Citation: 162 F.3d 46
• Parties: 8 A.D. Cases 1582, 14 NDLR P 65 Dennis THERIAULT, Plaintiff, Appellant, v. Richard M. FLYNN, Commissioner, New Hampshire Department of Safety, Defendant, Appellee. . Heard
• Court: U.S. Court of Appeals — First Circuit

Page 46

162 F.3d 46

8 A.D. Cases 1582, 14 NDLR P 65

Dennis THERIAULT, Plaintiff, Appellant, v. Richard M. FLYNN, Commissioner, New Hampshire Department of

Safety, Defendant, Appellee.

No. 98-1420.

United States Court of Appeals, First Circuit.

Heard Sept. 19, 1998.

Decided Dec. 8, 1998.

Wiltrud R. Mott-Smith with whom Ronald K. Lospennato, was on brief, for appellant.

Martha A. Moore, Assistant Attorney General, with whom Philip T. McLaughlin, Attorney General, was on brief, for appellee.

Before LIPEZ, Circuit Judge, and COFFIN and CAMPBELL, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

Plaintiff-appellant Dennis Theriault claims that the Commissioner of the New Hampshire Department of Safety ("the Commissioner") violated the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, by requiring him to take a road test as a prerequisite to renewing his driver's license when such testing was not a mandatory part of the renewal procedure for all applicants. Theriault, who has cerebral palsy and uses a wheelchair, previously had obtained a license to operate a vehicle equipped with hand controls. He maintains that he was required to pass a new test solely because of his disability. The district court concluded that a licensing officer's decision to administer the road test, after observing Theriault's apparent inability to control his hand movements, did not constitute unlawful discrimination, and granted summary judgment for the Department. We affirm.

I. Background

Our review of a district court's grant of summary judgment is plenary, see American Airlines v. Cardoza-Rodriguez, 133 F.3d 111, 116 (1st Cir.1998), and we must consider the facts in the light most favorable to the opposing party, plaintiff Theriault. See id. Summary judgment is appropriate only if there is no genuine issue of material fact, allowing the court to conclude that the Commissioner is entitled to judgment as a matter of law. See id.; Fed.R.Civ.P. 56(c). We briefly outline the relevant facts with these standards in mind.

Theriault's cerebral palsy, among other symptoms, diminishes his ability to use his legs and causes involuntary hand movements. He uses a walker to travel short distances and a manual wheelchair or electric scooter for longer distances. He originally obtained a driver's license in 1987 after a road test in which he used a vehicle equipped with hand controls. Although road tests are not always part of the renewal process, ¹ Theriault was asked to take a road test again when he first renewed his license in 1991; he was told that the test was necessary at that time because his original license had not been properly coded for the use of special equipment. He successfully completed the test and was issued a license stamped with the letter "C," which indicated the use of hand controls. In February 1995, Theriault applied to renew his license for the second time, triggering the events underlying this case. Because his ability to write is extremely limited as a result of his cerebral palsy, Theriault's father completed the application form for him. After submitting the form, Theriault was asked to take a road test again. No explanation was given at that time for the testing. He again successfully completed the driving evaluation and was issued the renewal license.

Theriault subsequently filed this lawsuit and alleged that requiring a road test "solely on the basis of his obvious disability, and without any substantiated information that he posed a particular risk to public safety," constituted discrimination in violation of the ADA. ² In response, the Commissioner argued that the decision to require a road test did not reflect impermissible discrimination, but resulted instead from the licensing officer's judgment that Theriault's physical condition on the day he sought relicensing warranted assurance that he could safely drive a vehicle. In support of the decision to require the road test, the Commissioner relied upon a New Hampshire Department of Safety regulation stating that applicants under age 75 may be required to take road tests as part of the renewal process

if the director has any reason to believe the applicant may be a hazard to public safety if licensed to drive, such as but not limited to apparent psychological or physical impairment.

N.H.Code Admin. R. [Saf-C] 1003.27(b).

The district court concluded that the Commissioner did not discriminate against Theriault based on his disability and therefore did not violate the ADA in requiring Theriault to take a road test. The court explained its review of the undisputed facts as follows:

[I]t is evident that defendant required plaintiff to perform a road test, not simply because he finds himself among that group of persons who suffer from cerebral palsy, but based upon his own manifested symptoms and apparent inability to control his hand movements on the day he sought relicensing, and the fact that he operates his automobile with hand controls. That is to say, defendant asked plaintiff to demonstrate his ability to safely operate his motor vehicle because the physical manifestations of his disability (at least on the day in question) reasonably suggested to defendant that, despite his prior ability to drive safely, plaintiff may have no longer been able to do so.

After an unsuccessful motion to alter judgment, Theriault appealed, claiming that the court improperly drew factual inferences favorable to the Commissioner and misapplied the ADA in concluding as a matter of law that the road testing did not constitute unlawful discrimination.

II. Discussion

The ADA is a federal civil rights statute designed to provide comprehensive protection for disabled individuals against discrimination based on their disabilities. See Arnold v. United Parcel Serv., 136 F.3d 854, 861 (1st Cir.1998); Jacques v. Clean-Up Group, Inc., 96 F.3d 506, 510 (1st Cir.1996); 42 U.S.C. § 12101(b)(1). Title II of the statute provides that no "qualified individual with a disability" shall, by reason of that disability, "be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity." 42 U.S.C. § 12132. The protection afforded by the ADA is characterized as a guarantee of "meaningful access" to government benefits and programs, see Alexander v. Choate, 469 U.S. 287, 301, 105 S.Ct. 712, 83 L.Ed.2d 661 (1985) ³; Wynne v. Tufts Univ. Sch. of Med., 932 F.2d 19, 24 (1st Cir.1991) (en banc ), which broadly means that public entities must take reasonable steps to ensure that individuals with disabilities can take advantage of such public undertakings.

This aspect of the ADA is not directly at issue here, as it cannot reasonably be argued that Theriault was denied "meaningful access" to a government benefit or program. New Hampshire does not foreclose individuals with cerebral palsy, or those who use wheelchairs, or even those whose hands uncontrollably shake, from driving, although their licenses may be restricted to operating vehicles with appropriate modifications. See N.H.Rev.Stat. Ann. §§ 263:6, 13. ⁴ Indeed, Theriault had been a licensed driver for eight years before the application process at issue, and his license was renewed, with minimal delay, following the challenged road test.

Theriault's claim centers instead on the method used to determine access to the government benefit, and his contention is that the extra eligibility requirement imposed upon him--the road test--constituted discrimination based on his disability. ⁵ Federal regulations explicitly forbid public entities from "administer[ing] a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability." See 28 C.F.R. § 35.130(b)(6). In the context of licensing or certification, a person is "qualified" and thus within the protected category if he or she can meet the "essential eligibility requirements" for receiving a license or certification, with accommodation made for the disability. See 42 U.S.C. § 12131(2); 28 C.F.R. pt. 35, app. A, at 472 (1997); Applicants v. Texas State Bd. of Law, 1994 WL 923404, at * 6 (W.D.Tex. Oct. 11, 1994).

In determining whether "essential eligibility requirements" are met, a public entity properly may consider whether an applicant with a disability poses a direct threat to the health and safety of others. See 28 C.F.R. pt. 35, app. A, at 472-73 (1997); id. at § 36.208(c). See also Bragdon v. Abbott, 524 U.S. 624, ----, 118 S.Ct. 2196, 2210, 141 L.Ed.2d 540 (1998) (involving Title III of the ADA) (noting the need to balance the interests of individuals with disabilities against legitimate concerns for public safety); School Board of Nassau County v. Arline, 480 U.S. 273, 287, 107 S.Ct. 1123, 94 L.Ed.2d 307 (1987) (involving the Rehabilitation Act) (relied on in Bragdon ). According to regulation, this judgment may not be based on generalizations or stereotypes about the effects of a particular disability, but must result from "an individualized assessment, based on reasonable judgment that relies on current medical evidence or on the best available objective evidence." 28 C.F.R. § 36.208(c); see Arline, 480 U.S. at 287, 107 S.Ct. 1123.

At this juncture, there is no dispute that Theriault, having demonstrated his ability to drive safely by means of the road test, meets the "essential eligibility requirements" for obtaining a New Hampshire driver's license. The issue is whether the Commissioner violated the ADA in making that determination by requiring Theriault to take the third road test. Theriault maintains that his condition had not changed, and perhaps even had improved, since he previously had renewed his license, and he emphasizes that he had never had an accident during his eight years of driving. In Theriault's view, therefore, his eligibility for a driver's license already had been established, and asking him to requalify with a road...