Eddie I. Sierra v. City of Hallandale Beach, Florida
Opinion
This case asks us to decide 1) whether the Twenty-First Century Communications and Video Accessibility Act of 2010 creates an administrative exhaustion requirement that must be satisfied as a prerequisite to bringing certain claims under § 505 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 and 2) whether-if exhaustion is not required-abstention is nonetheless warranted under the primary-jurisdiction doctrine. After reviewing the statutes, their histories, and relevant caselaw, we answer both questions in the negative.
I.
Plaintiff Eddie Sierra is deaf. He filed this suit against the City of Hallandale
*1346
Beach, Florida ("City"), alleging violations of § 505 of the Rehabilitation Act of 1973 ("Rehabilitation Act"),
Sierra's Complaint focuses on video content stored on four webpages that he alleges belong to City or for which City is otherwise responsible. These webpages are 1) www.hallandalebeachfl.gov, 2) www.hallandalebeach360.net, 3) Facebook, and 4) a webpage entitled "Hallandale Beach Tour Book." With the exception of Facebook, he appends to his Complaint at Exhibit A various screenshots of each of these four webpages.
Sierra alleges that none of the four webpages provided closed captioning and that both the Rehabilitation Act and ADA require that captioning. He seeks damages as well as injunctive and declaratory relief to guarantee hard-of-hearing individuals like himself "equal, effective[,] and timely access" to City's publicly available online video content.
City responded by moving to dismiss Sierra's complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction. It argued that the Twenty-First Century Communications and Video Accessibility Act of 2010 ("CVAA") presents a jurisdictional hurdle to suits like Sierra's. 1 In its view, before Sierra could file a suit in district court, he was first required to lodge a complaint with the Federal Communications Commission ("FCC"). Only if the FCC then failed to take action on that complaint, City argued, could Sierra sue under the Rehabilitation Act and ADA.
The District Court granted City's Motion to Dismiss, holding that the CVAA does indeed pose an exhaustion requirement and finding that the videos of City's meetings stored at www.hallandalebeachfl.gov fall within the CVAA's purview. 2 As to the remaining three webpages referenced in Sierra's Complaint, the Court found "no affirmative indication, whatsoever, that any of the videos or websites listed in Exhibit A are government websites run by Defendant."
The District Court dismissed Sierra's Complaint without prejudice and advised *1347 him that he was free to file suit again after he files a complaint with the FCC under the CVAA and after the FCC completes its review process.
II.
We now address the two issues on appeal: whether the CVAA poses a jurisdictional bar to Sierra's claims and whether abstention under the primary-jurisdiction doctrine is otherwise warranted. We review
de novo
a district court's grant of a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1).
See
Barbour v. Haley
,
A.
Congress passed the CVAA in 2010 to expand the protections offered to persons with disabilities. The legislative history reveals Congress' concern that the "extraordinary benefits" of technologies like smart phones, GPS, and video conferencing-"technologies that Americans rely on daily"-"are often still not accessible to individuals with disabilities." H.R. Rep. No. 111-563, at 19 (2010). To solve that problem, the CVAA directed the FCC to undertake, among other things, rulemaking requiring the "provision of closed captioning on video programming delivered using Internet protocol that was published or exhibited on television with captions after the effective date of such regulations."
The CVAA left intact two other statutory provisions relevant to this appeal, both carried over from the Telecommunications Act of 1996. (Recall that the Telecommunications Act of 1996 and the CVAA each amended their parent statute, the Communications Act of 1934.)
• The first is a savings clause that preserves all rights of action outside of the Communications Act itself. See47 U.S.C. § 152 note (Applicability of Consent Decrees and Other Law) ("This Act and the amendments made by this Act shall not be construed to modify, impair, or supersede Federal, State, or local law unless expressly so provided in such Act or amendments."). 4
• The second is a provision that both provides the FCC with exclusive jurisdiction over complaints filed under47 U.S.C. § 613 and expresses that § 613 creates no new causes of action. See47 U.S.C. § 613 (j) ("Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section or any regulation thereunder. The Commission shall have exclusive jurisdiction with respect to any complaint under this section."). The FCC's regulations, moreover, provide a procedure whereby a person can bring a complaint against an entity in violation of the closed-captioning requirements. See46 C.F.R. § 79.4 (e).
*1348 B.
We begin our discussion of the District Court's jurisdiction with an unremarkable proposition: the lower federal courts are creatures of Congress, which may thus limit their jurisdiction as it sees fit.
See
U.S. Const. art. III, § 1. Once Congress has granted jurisdiction, however, federal courts have a "virtually unflagging obligation ... to exercise the jurisdiction given them."
Colo. River Water Conservation Dist. v. United States
,
Because Sierra has pled federal causes of action, the District Court had jurisdiction under
1.
First, City argues that the CVAA bars Sierra's claims "because the CVAA grants the FCC exclusive jurisdiction over closed captioning complaints." Fair enough. But Sierra has not brought a complaint under
City's misunderstanding stems from its overbroad reading of the statute. It argues that the CVAA grants the FCC "exclusive jurisdiction over
issues
concerning closed captioning of videos streamed
*1349
on the internet." Congress was not so imprecise. Instead, Congress granted the FCC "exclusive jurisdiction with respect to any complaint
under this section
."
The Ninth Circuit has reached the same conclusion that we reach today-that the FCC's exclusive jurisdiction over complaints brought under the CVAA bears in no way on complaints brought under other statutes.
7
See
Greater L.A. Agency on Deafness, Inc. v. Cable News Network, Inc.
(
GLAAD
),
City attempts to distinguish
GLAAD
on two grounds. It correctly observes that
GLAAD
involved a claim under state law-not federal law. But this distinction is without a difference: the savings provision treats all law equally.
See
Despite the CVAA's plain text, despite the savings provision, despite the legislative history indicating Congress' intent to broaden (not narrow) relief, and despite the caselaw to the contrary, City offers three district-court cases in support of its position:
Sierra v. Sch. Bd.
, No. 16-CV-63021,
Zulauf
concluded that
The conclusion fails to recognize that not everyone has the option to sue under the Rehabilitation Act and ADA. The former, for example, requires a defendant that is a recipient of federal funding.
See
Johnson
, which also concluded that
2.
Second, City argues that the District Court should have abstained under the primary-jurisdiction doctrine. We disagree.
Unlike when a court lacks subject-matter jurisdiction, the primary-jurisdiction doctrine applies when a court maintains jurisdiction over a matter but nonetheless abstains for prudential reasons.
See
Mercury Motor Exp., Inc. v. Brinke
,
*1351
In deciding whether abstention under the primary-jurisdiction doctrine is appropriate, we consider two factors: the "expertise of the agency deferred to" and the "need for a uniform interpretation of a statute or regulation."
For reasons described below, the primary-jurisdiction doctrine does not apply to this case.
a.
To begin with, the FCC itself has indicated that a plaintiff is not required to exhaust remedies under the CVAA to sue under other federal statutes. When issuing regulations in 1997-in the wake of the Telecommunications Act of 1996-the FCC recognized that the statute operated parallel to other federal statutes on the same subject:
We note that entities that qualify for an exemption under Section 713 may be obligated under other federal statutes, such as the ADA, to make their services and programs ... accessible to an individual with a disability upon request. We do not intend our rules to preclude or supersede the operation of any other federal laws that may require an entity exempt from Section 713 to make its video programming services accessible to people with disabilities.
Closed Captioning and Video Description of Video Programming, Report to Congress,
The FCC reaffirmed this belief once again in a case involving the
plaintiff in this suit
. In
Sierra
, discussed above and which the District Court below relied upon, the court, like the Court here, directed Sierra to exhaust his remedies before the FCC.
Sierra
,
Notwithstanding [the exemption], when it adopted the closed captioning mandates for television, the Commission made clear that entities that qualify for an exemption from the FCC's closed captioning requirements may be obligated under other federal statutes, such as the [ADA], to make their services and programs, including video programming services, accessible to individuals with disabilities.
Fed. Commc'ns Comm'n, Opinion Letter on FCC Complaint Ticket #1578109: Eddie Sierra (May 17, 2017).
Because the primary-jurisdiction doctrine is prudential, not jurisdictional, we see no reason why deference to an agency is appropriate when that agency itself feels that no deference is warranted. For thoroughness, however, we address the two factors-expertise and uniformity-to further explain why the primary-jurisdiction doctrine has no application here.
b.
First, the FCC has no expertise on the issue that would be before the District Court-which is whether the Rehabilitation Act and ADA recognize a cause of action for failure to provide closed captioning. Though the FCC undoubtedly has expertise on closed-captioning requirements, its charge under the CVAA bears not one iota on what constitutes a violation
*1352
under the Rehabilitation Act or ADA. Indeed, courts do not automatically grant primary jurisdiction to an agency in interpreting its
own
statute, let alone a statute over which they have no authority. In
FTC v. Verity Int'l, Ltd.
,
Second, this case presents no special need for uniformity apart from the general need for uniformity that the law requires. In the context of the primary-jurisdiction doctrine, uniformity takes on a narrow meaning. We have recognized, for example, the importance of uniformity "especially in cases involving reasonableness of tariffs or rates."
Brinke
,
Abilene Cotton
, in which the Supreme Court first explained the primary-jurisdiction doctrine, helps explain why uniformity takes on special significance in rate-setting cases. The issue in
Abilene Cotton
was who determines what constitutes "just and reasonable rates" for carriers to set: courts or the Interstate Commerce Commission ("ICC").
See
Abilene Cotton illustrates why uniformity is not required here. To be sure, courts may take different positions on whether Sierra's claims are cognizable under the Rehabilitation Act and ADA. But divergent interpretation would not defeat the two statutes themselves. Abilene Cotton presented a zero-sum game. If the rates were not uniform, one carrier could benefit at another's expense by gaining an edge in the marketplace. This case presents no such problem because one plaintiff benefiting from a more favorable interpretation of the Rehabilitation Act or ADA does not do so at some other plaintiff's expense.
Because this case begs questions of statutory interpretation in two statutes over which the FCC is not charged with enforcing *1353 and over which the FCC has no expertise, and because the FCC itself rejects primary jurisdiction, the District Court had no reason to invoke the doctrine.
C.
One additional matter deserves our attention: the District Court's determination that three of the four webpages do not belong to City.
Recall that Sierra alleges that four webpages, belonging to or over which City is responsible, violate the Rehabilitation Act and ADA. Those websites are 1) www.hallandalebeachfl.gov, 2) www.hallandalebeach360.net, 3) Facebook, and 4) a webpage entitled "Hallandale Beach Tour Book." When addressing the three webpages other than www.hallandalebeachfl.gov, the District Court appeared to treat City's 12(b)(1) motion as a 12(b)(6) motion.
See
Sierra v. City of Hallandale Beach
, No. 17-24045-CIV,
III.
Because we determine that Plaintiff properly invoked the District Court's jurisdiction, we vacate the Court's grant of City's Motion to Dismiss for Lack of Subject-Matter Jurisdiction and remand for further proceedings not inconsistent with this opinion.
SO ORDERED.
A bit of housekeeping on terminology is in order. The core issue in this case is whether
The CVAA directed the FCC to issue new closed-captioning regulations for content delivered over the internet. § 202, 124 Stat. at 2770-71. The 1996 Act, however, inserted what City contends is the exhaustion requirement. § 255, 110 Stat. at 76. Because the parties refer to this requirement as the CVAA, we do the same for simplicity.
The FCC's regulations impose closed-captioning requirements, with some exemptions, on video programming delivered over the internet "if the programming is published or exhibited on television in the United States with captions."
Because the District Court believed that the CVAA imposes an exhaustion requirement, and thus that the statute had the potential to preclude its jurisdiction, the Court undertook a factual inquiry as to whether the webpages at issue were shown on television with captions. It concluded that they were.
The parties argue over the standard of review that this Court must apply when reviewing a district court's factual determinations made pursuant to a motion to dismiss under Rule 12(b)(1). They do so because the District Court engaged in fact-finding to determine that the first webpage, www.hallandalebeachfl.gov, falls within the CVAA's ambit-that is, that the content there posted was originally televised with captions.
Because we conclude, contrary to the District Court, that the CVAA does not pose an exhaustion requirement, we have no need to address this issue on appeal.
The references to "Act" refer to the parent statute, the Communications Act of 1934.
See
The District Court clearly had subject-matter jurisdiction under § 1331, so we do not address Sierra's assertion that
City also seems to raise a third argument: that Sierra has pled no cause of action upon which relief can be granted.
See
Appellee's Br. at 15 ("Sierra's argument that the ADA and Rehabilitation Act apply is dubious."). City has waived this argument by failing to preserve it before the District Court.
See
Blue Cross & Blue Shield of Ala. v. Sanders
,
So too has the District of Massachusetts.
See
Nat'l Ass'n of the Deaf v. Netflix, Inc.
,
In
Bonner v. City of Prichard
,
We recognize, of course, that Sierra must state a claim for relief that is "plausible on its face."
Ashcroft v. Iqbal
,
Reference
- Full Case Name
- Eddie I. SIERRA, Petitioner-Appellant, v. CITY OF HALLANDALE BEACH, FLORIDA, Respondent-Appellee.
- Cited By
- 4 cases
- Status
- Published