v. JOHN KITZHABER, in his official capacity as the Governor of Oregon, et al., Defendants. The United States of America respectfully moves to intervene as a plaintiff in this action pursuant to Federal Rule of Civil Procedure 24(a)(2) and 24(b). In support of this motion, the United States avers as follows: Pursuant to Local Rule 7-1(a)(1), the United States conferred in good faith with counsel for the parties, but was unable to resolve the dispute with Defendants regarding this Motion. The United States has a significant, protectable interest in the subject matter of the action because it involves claims asserted under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of The United States (“ADA”) 1973 (“Section 504”). Department of Justice is the agency with primary regulatory and enforcement responsibilities under Title II of the ADA, 42 U.S.C. §§ 12131-12134, and thus plays a unique role in enforcing and interpreting the statute and its implementing regulations on behalf of the broad public interest. It also has a significant interest in enforcing 527 U.S. 581 (1999), in Olmstead v. L.C., which the Supreme Court held that unnecessary segregation of individuals with disabilities violates the ADA and Section 504. Disposition of the action without the United its States’ participation may impede enforcement and regulatory interests. The outcome of this case implicates concerns stare decisis that warrant the United intervention. States’
v. JOHN KITZHABER, in his official capacity as the Governor of Oregon, et al., Defendants. The United States of America respectfully moves to intervene as a plaintiff in this action pursuant to Federal Rule of Civil Procedure 24(a)(2) and 24(b). In support of this motion, the United States avers as follows: Pursuant to Local Rule 7-1(a)(1), the United States conferred in good faith with counsel for the parties, but was unable to resolve the dispute with Defendants regarding this Motion. The United States has a significant, protectable interest in the subject matter of the action because it involves claims asserted under Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (“Section 504”). The United States Department of Justice is the agency with primary regulatory and enforcement responsibilities under Title II of the ADA, 42 U.S.C. §§ 12131-12134, and thus plays a unique role in enforcing and interpreting the statute and its implementing regulations on behalf of the broad public interest. It also has a significant interest in enforcing Olmstead v. L.C., 527 U.S. 581 (1999), in which the Supreme Court held that unnecessary segregation of individuals with disabilities violates the ADA and Section 504. Disposition of the action without the United States’ participation may impede its enforcement and regulatory interests. The outcome of this case implicates stare decisis concerns that warrant the United States’ intervention.