United States Court of Appeals For the Second Circuit

August Term 2023

Argued: December 12, 2023 Decided: June 10, 2024

No. 22-2629

TRAVIS WOODS,

Plaintiff-Appellant,

v.

CENTRO OF ONEIDA, INC., CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY,

Defendants-Appellees,

CITY OF UTICA,

Defendant. ∗

Appeal from the United States District Court for the Northern District of New York No. 20-cv-539, Frederick J. Scullin, Jr., Judge.

Before: CALABRESI, SULLIVAN, and PÉREZ, Circuit Judges.

∗ The Clerk of Court is respectfully directed to amend the official case caption as set forth above. Plaintiff Travis Woods appeals from a judgment dismissing his claims for damages and injunctive relief under the Americans with Disabilities Act (the “ADA”) and the Rehabilitation Act against the Central New York Regional Transportation Authority and its subsidiary Centro of Oneida, Inc. (collectively, “Centro”), which together run the public bus service in Oneida County. Woods, who is paralyzed from the waist down, argues that the district court (Scullin, Jr., J.) erred in granting summary judgment to Centro on his claims that Centro discriminated against him in violation of Title II of the ADA and the Rehabilitation Act by failing to provide wheelchair-accessible bus stops. Specifically, Woods contends that the district court failed to address his alteration claim under 42 U.S.C. § 12147 and his program-access claim under 42 U.S.C. § 12148. Woods further asserts that Centro violated 49 C.F.R. § 37.5(i)(3) by not providing reasonable accommodations to him. We disagree. Woods’s section 12147 claim fails as a matter of law because he has not alleged that the altered portions of Centro’s bus stops were inaccessible. Woods’s section 12148 claim fails because no reasonable factfinder could conclude that Centro’s bus service was not readily accessible to individuals with disabilities. Finally, Woods’s section 37.5(i)(3) claim fails because Woods has not established that any modifications to Centro’s policies, practices, or procedures were necessary to avoid discrimination or to provide program access. We therefore AFFIRM the judgment of the district court.

AFFIRMED.

ANDREW D. BIZER (Garret S. DeReus, on the brief), Bizer & DeReus, LLC, New Orleans, LA, for Plaintiff-Appellant.

W. BRADLEY HUNT (Christian P. Jones, on the brief), Mackenzie Hughes LLP, Syracuse, NY, for Defendants-Appellees. RICHARD J. SULLIVAN, Circuit Judge:

Plaintiff Travis Woods appeals from a judgment dismissing his claims for damages and injunctive relief under the Americans with Disabilities Act (the “ADA”) and the Rehabilitation Act against the Central New York Regional

2 Transportation Authority and its subsidiary Centro of Oneida, Inc. (collectively, “Centro”), which together run the public bus service in Oneida County. Woods, who is paralyzed from the waist down, argues that the district court (Scullin, Jr., J.) erred in granting summary judgment to Centro on his claims that Centro discriminated against him in violation of Title II of the ADA and the Rehabilitation Act by failing to provide wheelchair-a