University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Farrar-Kuhn v. Conoco, Inc. DR-CO-0004
Docket / Court 1:99-cv-02086-MSK-PAC ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
On October 27, 1999, disabled plaintiffs who use wheelchairs for accessibility brought a class action lawsuit against Conoco, Inc., an owner/operator of gas stations and convenience stores, in the United States District Court for the District of Colorado. The plaintiffs charged that Conoco had ... read more >
On October 27, 1999, disabled plaintiffs who use wheelchairs for accessibility brought a class action lawsuit against Conoco, Inc., an owner/operator of gas stations and convenience stores, in the United States District Court for the District of Colorado. The plaintiffs charged that Conoco had violated the Americans With Disabilities Act and Colorado law because its stores had many features that obstructed accessibility, in violation of Title III of the Americans With Disabilities Act, 42 U.S.C. § 12182 and the Colorado Anti-Discrimination Act, C.R.S. § 24-34-601.

Specifically, plaintiffs claimed that when they attempted to use the businesses, they encountered several obstacles, including inaccessible parking, tables, sidewalks, entrances, restrooms, aisles, and "pay-at-the-pump" controls. Both plaintiffs experienced great delay during their stops at Conoco, as employees had to rearrange fixtures and assist the plaintiffs. They sought injunctive relief, and damages pursuant to the state law.

On August 22, 2000, the court certified a class of "all persons with disabilities who use wheelchairs or scooters for mobility who, within four years of the filing of the Complaint in this case, have been denied, or are currently being denied, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any service station or convenience store owned by Conoco, Inc."

On September 11, 2002, the court approved a five-year consent decree. The decree applied to Conoco's 124 existing corporate stores and newly acquired stores. Conoco's agreed to bring all stores into compliance with ADA regulations. The decree would begin with a pilot program for six stores, three chosen by each side. If the pilot program was successful, Conoco would begin renovating its other stores, one fourth of the total stores every nine months. An independent expert would evaluate the stores. Conoco agreed to pay the expert's fees of $1000 per store visit plus costs. Conoco also agreed to develop personnel training policies, do its own periodic checks for disabled access, to allow customers to submit comment cards, and to forward these cards to class counsel. Additionally, Conoco paid $8,000 each to the two named plaintiffs and $150,000 in attorney's fees.

On November 14, 2008, the court approved a stipulated order of dismissal.

Denise Heberle - 03/27/2012


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Issues and Causes of Action
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Issues
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Conoco, Inc.
Plaintiff Description Disabled individuals frequenting defendants' convenience stores and gas stations.
Indexed Lawyer Organizations Civil Rights Education and Enforcement Center
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2002 - 2007
Case Closing Year 2008
Case Ongoing No
Docket(s)
1:99-cv-02086-MSK-PAC (D. Colo.) 12/02/2008
DR-CO-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum In Support Of Joint Motion For Class Certification 06/30/2000
DR-CO-0004-0003.pdf | Detail
Order Granting Joint Motion For Class Certification 08/22/2000 (D. Colo.)
DR-CO-0004-0002.pdf | Detail
Second Amended Class Action Complaint 04/16/2001
DR-CO-0004-0001.pdf | Detail
Consent Decree 03/29/2002
DR-CO-0004-0004.pdf | Detail
Judges Coan, Patricia A. (D. Colo.) [Magistrate]
DR-CO-0004-9000
Krieger, Marcia S. (D. Colo.)
DR-CO-0004-9000
Miller, Walker David (D. Colo.)
DR-CO-0004-0002
Monitors/Masters None on record
Plaintiff's Lawyers Fox, Timothy Patrick (Colorado)
DR-CO-0004-0001 | DR-CO-0004-0003 | DR-CO-0004-9000
Lucas, Carrie Ann (Colorado)
DR-CO-0004-0004
Robertson, Amy Farr (Colorado)
DR-CO-0004-0001 | DR-CO-0004-0003 | DR-CO-0004-0004 | DR-CO-0004-9000
Williams, Kevin William (Colorado)
DR-CO-0004-0001 | DR-CO-0004-0003 | DR-CO-0004-0004
Defendant's Lawyers Chatton, Tonya E. (Texas)
DR-CO-0004-0003
Lower, Patricia Kathleen (Colorado)
DR-CO-0004-0003 | DR-CO-0004-0004 | DR-CO-0004-9000
Mackender, Darin L (Colorado)
DR-CO-0004-9000
Sonnier, Margret LaChapelle (Texas)
DR-CO-0004-0004 | DR-CO-0004-9000
Other Lawyers None on record

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