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Case Name Colorado Cross Disability Coalition v. Denver DR-CO-0010
Docket / Court 1:06-cv-00865-MSK-BNB ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
On May 8, 2006, disabled patrons of Denver's Center For The Performing Arts filed a lawsuit against the City and County of Denver and others in the U.S. District Court for the District of Colorado for violations of the Americans With Disabilities Act, the Rehabilitation Act, and state law, alleging ... read more >
On May 8, 2006, disabled patrons of Denver's Center For The Performing Arts filed a lawsuit against the City and County of Denver and others in the U.S. District Court for the District of Colorado for violations of the Americans With Disabilities Act, the Rehabilitation Act, and state law, alleging discrimination in seating and other facilities.

Specifically, Plaintiffs claimed that disabled patrons of the Performing Arts Center faced many obstacles, including: "a. being told wheelchair seats are unavailable, when, in fact, they are; b. being sold tickets for seats that don't exist or are blocked by equipment; c. being sold wheelchair seats that are inaccessible; d. being subjected to lengthy delays getting to their seats or not being able to get there at all due to malfunctioning wheelchair lifts" and that individuals with hearing and visual impairments faced discrimination when the defendants failed "to provide interpreters for certain performances [and] make their web sites accessible" all in violation of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12132; Section 504 of the Rehabilitation Act, 29 U.S.C. § 794; the Colorado Anti-Discrimination Act (CADC), Colo. Rev. Stat. § 24-34-601 et seq; the Colorado Consumer Protection Act, Colo. Rev. Stat. § 6-1-112(1). The plaintiffs sought injunctive and monetary relief.

On October 3, 2008, Plaintiffs moved the court to certify a class of "all persons with disabilities who are currently or have been in the past four years residents of the State of Colorado who use wheelchairs or scooters for mobility who, within four years prior to the filing of the complaint in this lawsuit, were denied or are being denied, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the Ellie Caulkins Opera House."

On March 13, 2008, the defendant City and County of Denver filed a cross complaint against the design company hired to renovate the complex, seeking indemnification. The parties appear to have settled.

On October 22, 2008, the District Court: certified a class of: "[a]ll persons with disabilities who are currently or have been in the past four years residents of the State of Colorado who use wheelchairs or scooters for mobility who, within four years prior to the filing of the complaint in this Lawsuit, were denied or are being denied, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the Ellie Caulkins Opera House;" and preliminarily approved a settlement agreement between the plaintiffs and the City.

The settlement agreement required the City to install wheelchair lifts, accessible seating, modify restrooms, and assign staff to operate the lifts. The plaintiffs' counsel would inspect the changes after 30 days. The City agreed to pay $10,500.00 in damages.

On February 23, 2009, the District Court granted the joint motion for final approval of the class action settlement agreement.

Eric Weiler - 06/08/2010


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Issues and Causes of Action
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Issues
Plaintiff Type
Private Plaintiff
Causes of Action State law
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) City And County Of Denver
Plaintiff Description Disabled patrons of Denver's Center For The Performing Arts (Ballet, Opera, Symphony)
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 not on record
Case Closing Year 2008
Case Ongoing No
Docket(s)
1:06−cv−00865 (D. Colo.) 02/23/2009
DR-CO-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/08/2006
DR-CO-0010-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[Amended] Complaint 05/09/2006
DR-CO-0010-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 07/12/2006 (2006 WL 2377662)
DR-CO-0010-0003.pdf | WESTLAW | Detail
Document Source: Westlaw
Defendant Denver Center For The Performing Arts' Answer To Second Amended Complaint 09/08/2006
DR-CO-0010-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant Colorado Ballet Company's Answer To Second Amended Complaint 09/08/2006
DR-CO-0010-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer Of City And County Of Denver To Plaintiffs' Second Amended Complaint 09/08/2006
DR-CO-0010-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer And Defenses Of Defendant Opera Colorado To Plaintiffs' Second Amended Complaint 09/08/2006
DR-CO-0010-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer And Defenses Of Defendant Colorado Symphony Association To Plaintiffs' Second Amended Complaint 09/08/2006
DR-CO-0010-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Dismissing, By Stipulation, Defendant Denver Center for the Performing Arts] 07/16/2007 (D. Colo.)
DR-CO-0010-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Of Dismissal With Prejudice Of All Claims Of All Plaintiffs Against Colorado Ballet 09/11/2007 (D. Colo.)
DR-CO-0010-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Of Dismissal With Prejudice [Of All Claims Of All Plaintiffs Against Colorado Symphony Association] 09/11/2007 (D. Colo.)
DR-CO-0010-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Of Dismissal With Prejudice Of All Claims Of All Plaintiffs Against Opera Colorado 09/11/2007 (D. Colo.)
DR-CO-0010-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Amended And Supplemental Complaint 10/15/2007 (2007 WL 4363969)
DR-CO-0010-0014.pdf | WESTLAW | Detail
Document Source: Westlaw
Order [Dismissing Plaintiffs' Claims Under The Colorado Consumer Protection Act And Claims Other Than THose Against The Ellie Caulkins Opera House] 10/17/2007 (D. Colo.)
DR-CO-0010-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer of Defendant City And County Of Denver To Plaintiffs' Third Amended And Supplemental Complaint 11/06/2007
DR-CO-0010-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[Defendant The City And County Of Denver's] Third Party Complaint And Jury Demand 03/14/2008
DR-CO-0010-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Semple Brown Design, P.C.'s Answer And Jury Demand To The Third Party Complaint And Jury Demand 05/27/2008
DR-CO-0010-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Party Plaintiff The City And County Of Denver's Motion For Partial Summary Judgment 07/11/2008
DR-CO-0010-0018.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third-Party Defendant Semple Brown Design, P.C.'s Response To Third Party Plaintiff's Motion For Partial Summary Judgment 07/30/2008
DR-CO-0010-0019.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion For Partial Summary Judgment Against Defendant/Third Party Plaintiff City And County Of Denver 08/04/2008
DR-CO-0010-0020.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Party Plaintiff City And County Of Denver's Reply In Support Of Motion For Partial Summary Judgment 08/15/2008
DR-CO-0010-0021.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Fourth Amended And Supplemental Class Action Complaint 10/03/2008
DR-CO-0010-0022.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Unopposed Motion For Class Certification 10/03/2008
DR-CO-0010-0023.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' And Defendant/Third Party Plaintiff The City And County Of Denver's Joint Motion For Preliminary Approval Of Class Action Settlement Agreement And For Fairness Hearing 10/03/2008
DR-CO-0010-0024.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Class Action Settlement Agreement 10/03/2008
DR-CO-0010-0025.pdf | Detail
Order Granting Unopposed Motion To Amend, Granting Unopposed Motion For Class Certification, Granting Joint Motion For Preliminary Approval Of The Class Action Settlement Agreement, And Denying Motions, As Moot 10/22/2008 (D. Colo.)
DR-CO-0010-0026.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Babcock, Lewis Thornton (D. Colo.)
DR-CO-0010-0009 | DR-CO-0010-0010 | DR-CO-0010-0011 | DR-CO-0010-0012 | DR-CO-0010-0013
Boland, Boyd N. (D. Colo.) [Magistrate]
DR-CO-0010-9000
Krieger, Marcia S. (D. Colo.)
DR-CO-0010-0026 | DR-CO-0010-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fox, Timothy Patrick (Colorado)
DR-CO-0010-0001 | DR-CO-0010-0002 | DR-CO-0010-0003 | DR-CO-0010-0014 | DR-CO-0010-0020 | DR-CO-0010-0022 | DR-CO-0010-0023 | DR-CO-0010-0024 | DR-CO-0010-9000
Krichiver, Ari Reuben (Colorado)
DR-CO-0010-9000
Robertson, Amy Farr (Colorado)
DR-CO-0010-0001 | DR-CO-0010-0002 | DR-CO-0010-0003 | DR-CO-0010-0014 | DR-CO-0010-0020 | DR-CO-0010-0022 | DR-CO-0010-0023 | DR-CO-0010-0024 | DR-CO-0010-0025 | DR-CO-0010-9000
Williams, Kevin William (Colorado)
DR-CO-0010-0001 | DR-CO-0010-0002 | DR-CO-0010-0003 | DR-CO-0010-0014 | DR-CO-0010-0020 | DR-CO-0010-0022 | DR-CO-0010-0023 | DR-CO-0010-0024 | DR-CO-0010-0025 | DR-CO-0010-9000
Defendant's Lawyers Arroyo, Elizabeth Ashley (Colorado)
DR-CO-0010-9000
Case, Michael Brent (Colorado)
DR-CO-0010-9000
Fine, David R. (Colorado)
DR-CO-0010-0025
Hyatt, Elizabeth Jeanelia (Colorado)
DR-CO-0010-0018 | DR-CO-0010-9000
Johnson, Scott Christopher (Colorado)
DR-CO-0010-9000
Knapp, Debra Renee (Colorado)
DR-CO-0010-0021 | DR-CO-0010-0024 | DR-CO-0010-9000
Lowrie, John C. (Colorado)
DR-CO-0010-0007 | DR-CO-0010-0008 | DR-CO-0010-9000
Mooney, Patrick B. (Colorado)
DR-CO-0010-0004 | DR-CO-0010-9000
Rea, Colleen Myers (Colorado)
DR-CO-0010-0007 | DR-CO-0010-0008 | DR-CO-0010-9000
Ruh, James Cotter (Colorado)
DR-CO-0010-0005 | DR-CO-0010-9000
Semple, Martin (Colorado)
DR-CO-0010-0004 | DR-CO-0010-9000
Smith, Elizabeth L. (Colorado)
DR-CO-0010-0015 | DR-CO-0010-0024 | DR-CO-0010-9000
Starrs, Elizabeth A. (Colorado)
DR-CO-0010-0015 | DR-CO-0010-0016 | DR-CO-0010-0018 | DR-CO-0010-0024 | DR-CO-0010-9000
Toornman, Mary E. (Colorado)
DR-CO-0010-0021 | DR-CO-0010-0024 | DR-CO-0010-9000
Walters, Michelle Kim (Colorado)
DR-CO-0010-9000
Weston, Kathrin Helene (Colorado)
DR-CO-0010-0005 | DR-CO-0010-9000
Wheeler, Robert Griffin (Colorado)
DR-CO-0010-0021 | DR-CO-0010-0024 | DR-CO-0010-0025 | DR-CO-0010-9000
Other Lawyers Ford, Andrew Scott (Colorado)
DR-CO-0010-0017 | DR-CO-0010-0019 | DR-CO-0010-9000
Kapushion, Meredith A. (Colorado)
DR-CO-0010-0017 | DR-CO-0010-9000
Schulte, Timothy Michael (Colorado)
DR-CO-0010-0017 | DR-CO-0010-0019 | DR-CO-0010-9000

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