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ZEI v. MD. TRANSIT ADMINISTRATION

No. 62, Sept. Term, 2012.

71 A.3d 1 (2013)

433 Md. 254

Anthony ZEI v. MARYLAND TRANSIT ADMINISTRATION.

Court of Appeals of Maryland.

As Modified on Denial of Reconsideration August 16, 2013.

Attorney(s) appearing for the Case

Paul F. Evelius, (Wright, Constable & Skeen, LLP, Baltimore, MD), on brief, for Petitioner.

John B. Howard, Jr., Deputy Attorney General, (Douglas F. Gansler, Attorney General of Maryland, Jennifer L. Katz, Assistant Attorney General, and Steven M. Sullivan, Assistant Attorney General, Baltimore, MD), on brief, for Respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and McDONALD, JJ.

ADKINS, J.

In this case, we are asked to determine whether the State of Maryland complied with the Americans with Disabilities Act ("ADA") when it adopted and applied a federally-created safety regulation governing the physical qualifications of drivers of commercial motor vehicles. Specifically, the United States Department of Transportation ("DOT") has determined that an individual is not qualified to drive a commercial motor vehicle if that individual currently...

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