A California appeals court is teed up to decide whether plaintiffs suing Uber for a failure to extend its wheelchair accessible vehicle service to New Orleans have standing if they’ve never downloaded the app.

In a Zoom hearing Thursday, a panel for the U.S. Court of Appeals for the Ninth Circuit heard an appeal brought by Uber Technologies Inc. to reverse a district court order denying in part the company’s motion to compel arbitration in an Americans With Disabilities Act case that alleges Uber is discriminating against two New Orleans plaintiffs who use wheelchairs by not offering its wheelchair accessible vehicles service UberWAV to users in the city.