University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Colorado Cross-Disability Coalition v. Fey Concert Company DR-CO-0013
Docket / Court 1:97-cv-01586-ZLW ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
On July 23, 1997, patrons of a concert venue who use wheelchairs for mobility, their relatives, and an advocacy group filed a class action in the United States District Court for the District of Colorado against the owners and operators for obstructing wheelchair seating areas.

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On July 23, 1997, patrons of a concert venue who use wheelchairs for mobility, their relatives, and an advocacy group filed a class action in the United States District Court for the District of Colorado against the owners and operators for obstructing wheelchair seating areas.

Specifically, Plaintiffs claimed that though the state-of-the-art concert venue had a capacity of 18,000, the wheelchair seating area accommodated only about 20 wheelchairs. The plaintiffs complained that this area was often blocked with equipment or additional staging, obstructing the view and restricting the movement of the plaintiffs when they attended concerts. The staff were either unhelpful or offered the plaintiffs seating on a steep slope or in an aisle way where people were constantly moving. They claim these conditions violate the Americans With Disabilities Act, 42 U.S.C. § 12181 et seq; the Colorado Revised Statute § 24-34-601, the Public Accommodations Law; the Colorado Consumer Protection Act, C.R.S. § 6-1-112(1); negligent misrepresentation; and constituted fraud and fraudulent concealment.

Plaintiffs sought injunctive and monetary relief and certification of two classes: 1) all persons with permanent disabilities who use wheelchairs or electric carts for mobility who have been denied full and equal enjoyment of the services, facilities, privileges, advantages, and accommodations at Fiddler's Green on the basis of disability, and 2) all persons with a relationship or association with members of the first subclass who, as a result of the relationship or association, have been denied full and equal enjoyment of the services, facilities, privileges, advantages, and accommodations of Fiddler's Green."

On September 28, 1998, the District Court certified a settlement class.

On December 23, 1998, the District Court approved a class action settlement agreement. The agreement required the defendants to pay $1750 to each of the named plaintiffs and $25,000 in attorneys' fees for work before February 17, 1998 and reasonable fees for work thereafter. To the class members, the Defendants agreed to pay each class member a maximum of $175.00. The defendants also agreed to make "capital improvements" to the facility, set forth in a separate exhibit, and not to obstruct or place equipment in wheelchair seating areas.

On December 30, 1998, the District Court dismissed all claims and entered a notice regarding attorneys' fees and costs.

Eric Weiler - 06/08/2010


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Issues and Causes of Action
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Issues
Defendant-type
Movie Theater or Other Entertainment facility
General
Access to public accommodations - privately owned
Barrier Removal
Reasonable Accommodations
Reasonable Modifications
Plaintiff Type
Private Plaintiff
Causes of Action State law
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Every Dog Has Its Day, Inc.
Fey Concert Company
Museum of Outdoor Arts, Inc.
Universal Concerts, Inc.
Plaintiff Description Disabled patrons of outdoor concert venue.
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 1998
Case Ongoing No
Docket(s)
1:97-cv-01586-ZLW (D. Colo.) 01/28/1999
DR-CO-0013-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Class Action Complaint 02/06/1998
DR-CO-0013-0001 PDF | Detail
Class Settlement Agreement 12/23/1998
DR-CO-0013-0002 PDF | Detail
Judges Weinshienk, Zita Leeson (D. Colo.)
DR-CO-0013-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fox, Timothy Patrick (Colorado)
DR-CO-0013-0001 | DR-CO-0013-0002 | DR-CO-0013-9000
Robertson, Amy Farr (Colorado)
DR-CO-0013-0001 | DR-CO-0013-9000
Williams, Kevin William (Colorado)
DR-CO-0013-0001 | DR-CO-0013-9000
Defendant's Lawyers Blumenthal, Barbara Z. (Colorado)
DR-CO-0013-0002
Crotty, Rebecca L. (Colorado)
DR-CO-0013-9000
Dale, Kristin W. (Colorado)
DR-CO-0013-9000
Hoffman, Daniel S. (Colorado)
DR-CO-0013-0002 | DR-CO-0013-9000
Smith, Sheldon Harold (Colorado)
DR-CO-0013-9000
Other Lawyers None on record

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