Does the Seventh Amendment right to a jury trial attach to actions brought under section 504 of the Rehabilitation Act?

Plaintiffs have requested a ruling on whether the Seventh Amendment right to a jury trial attaches to actions brought under section 504 of the Rehabilitation Act. However, before addressing the constitutional issue, we first analyze whether the statute itself expresses any intent to grant plaintiffs a jury trial. See Tull v. United States, 481 U.S. 412, 417 n. 3, 107 S.Ct. 1831, 1835 n. 3, 95 L.Ed.2d 365 (1987).

Section 504 is silent with regard to the availability of a jury trial. However, several courts addressing the issue have suggested that no right to a jury trial exists under section 504. See, e.g., Doe v. Region 13 Mental Health-Mental Retardation Comm'n, 704 F.2d 1402, 1407 n. 3 (5th Cir.1983) ("While we specifically do not decide this issue, jury trials do not appear to be a matter of right under the Rehabilitation Act of 1973"); Shuttleworth, 639 F.Supp. at 661 (no right to jury trial in section 504 case).