The following excerpt is from Gamble v. City of Escondido, 104 F.3d 300 (9th Cir. 1996):
The physically disabled are not a protected class for purposes of equal protection under the Fourteenth Amendment. City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 446, 105 S.Ct. 3249, 3257-58, 87 L.Ed.2d 313 (1985). Thus, rational basis scrutiny is appropriate. Rational basis scrutiny also is appropriate for Gamble's due process claim. Munoz v. Sullivan, 930 F.2d 1400, 1404 n. 10 (9th Cir.1991). "[T]he rational basis test is identical under the two rubrics [of equal protection and due process]...." Id. at 1404.
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