A California appeals court ruled that litigants do not have to download the Uber app—and subsequently agree to the arbitration agreement within the terms of service—to have grounds to bring Americans With Disability Act claims against the ridesharing company.

In a 13-page opinion Monday, a panel for the U.S. Court of Appeals for the Ninth Circuit affirmed a district judge’s ruling that found two New Orleans residents who use wheelchairs established Article III standing to sue Uber for failing to offer its UberWAV service in the city, which allows users to hail a wheelchair-accessible vehicle (WAV).

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