March 25, 2009: Appeals Court Bybee concurrence

The concurrence makes it clear that SB 1369 successfully eliminated any statutory claim that the machines are legal, leaving just the ADA issue. It also vacates the preliminary injunction and tells the district judge to use a different standard for determining whether the plaintiffs would suffer irreparable harm if the machines are removed and whether they would prevail on the ADA issue at trial. The concurrence by Justice Bybee sends a pretty strong message to the district court judge that the ADA claim is bogus.

Click here to get the file