University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Williams v. Hermanson Family LP DR-CO-0018
Docket / Court 1:96-cv-02490 ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
On October 25, 1996, a disability advocacy group and an individual who used a wheelchair, sued the landlord of several downtown Denver buildings and their tenants who operated retail stores in the U.S. District Court for the District of Colorado, Judge Alan B. Johnson claiming violations of Title ... read more >
On October 25, 1996, a disability advocacy group and an individual who used a wheelchair, sued the landlord of several downtown Denver buildings and their tenants who operated retail stores in the U.S. District Court for the District of Colorado, Judge Alan B. Johnson claiming violations of Title III of the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq., and violation of the Colorado Anti-Discrimination Act, C.R.S. § 24-34-601 et seq.

The plaintiffs filed four separate complaints - each for a different building that allegedly limited access to the disabled in the "Larimer Square" area of Denver. A single partnership owned and operated all four buildings. The remaining defendants operated retail businesses in each building and leased from partnership. On January 9, 1997, the District Court, (Magistrate Judge O.E. Schlatter) consolidated the cases. Specifically, Plaintiffs claimed that all the buildings had steps which prevented access to the disabled and that there was no alternative way of entering the buildings.

On March 3, 1997, in an unpublished order, the District Court denied the defendants' motion to dismiss, finding that the ADA did not require the plaintiff to exhaust all administrative remedies and that, contrary to the defendants' contentions, the Colorado Anti-Discrimination Act required removal of accessability barriers, rather than simply prohibiting erection of new barriers. Colorado Cross Disability Coalition v. Hermanson Family Limited Partnership I, No. 96-2490, 1997 WL 33471624 (D. Colo. Mar. 3, 1997).

On July 11, 1997, the District Court dismissed the Colorado Cross-Disability Coalition and all its claims, with prejudice and without payment of attorneys' fees and costs. The docket and other documents do not state the reason for this order, although the court noted that the Coalition had filed the motion to dismiss itself. Colorado Cross Disability Coalition v. Hermanson Family Limited Partnership I, No. 96-2490, 1997 WL 1523959 (D. Colo. Jul. 11, 1997).

On August 5, 1997, the District Court denied the defendants' motion for summary judgment based on lack of standing, finding that the individual plaintiff had been injured even though he did not attempt to enter the stores in question. Cross Disability Coalition v. Hermanson Family Limited Partnership I, No. 96-2490, 1997 WL 33471623 (D. Colo. Mar. 3, 1997).

On August 12, 1997, the District Court denied the Plaintiffs motion for summary judgment regarding one of the stores, Cross Disability Coalition v. Hermanson Family Limited Partnership I, No. 96-2490, 1997 WL 1523958 (D. Colo. Aug. 12, 1997), the plaintiff's motion for summary judgment as to one of the buildings. Cross Disability Coalition v. Hermanson Family Limited Partnership I, No. 96-2490, 1997 WL 1523960 (D. Colo. Aug. 12, 1997), and scheduled the case for trial, denying a motion to certify a class.

A three day trial lasted from April 20, 1998 to April 22, 1998. On June 22, 2000, in an unpublished order, the Court granted judgment as a matter of law for the defendants with costs, although each party would bear its own attorneys' fees. The District Court concluded that the plaintiff had failed to establish that removal of architectural barriers at the four locations was readily achievable. The plaintiff filed an appeal as to one of the locations, the Crawford Building, on August 2, 2000 in the U.S. Circuit Court for the Tenth Circuit. Judges Mary Beck Briscoe, Bobby Ray Baldock, and Carlos F. Lucero heard the case. The United States filed an amicus curiae brief on October 24, 2000, though it is not publicly available.

On August 29, 2001, the Tenth Circuit affirmed the District Court in an opinion by Judge Baldock, ruling that "[w]hile this is a close case, we conclude Plaintiff introduced evidence regarding only speculative concepts of ramp installation, rather than evidence that a specific design was readily achievable." Colorado Cross Disability Coalition v. Hermanson Family Limited, 264 F.3d 999 (10th Cir. 2001).

Eric Weiler - 06/18/2010


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
General
Access to public accommodations - privately owned
Barrier Removal
Buildings
Retail Shopping
Plaintiff Type
Private Plaintiff
Causes of Action State law
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Ann Taylor Stores Corporation
Campbell−Ritter Corporation d/b/a Chatelaine Lingerie, Ltd.
Hermanson Family Limited Partnership
Nine West Group Inc.
Plaintiff Description Disabled individual using wheelchair attempting to enter downtown retail stores but who was prevented from doing so by steps and other architectural barriers.
Indexed Lawyer Organizations Civil Rights Education and Enforcement Center
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2001
Case Ongoing No
Docket(s)
1:96-cv-02490-ABJ (D. Colo.) 09/20/2001
DR-CO-0018-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
1:96-cv-02491-ABJ (D. Colo.) 09/20/2001
DR-CO-0018-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
1:96−cv−02492 (D. Colo.) 09/20/2001
DR-CO-0018-9002 PDF | Detail
PACER [Public Access to Court Electronic Records]
1:96-cv-02493-ABJ (D. Colo.) 09/20/2001
DR-CO-0018-9003 PDF | Detail
PACER [Public Access to Court Electronic Records]
00-1303 (U.S. Court of Appeals) 07/09/2002
DR-CO-0018-9004 PDF | Detail
Westlaw
General Documents
Plaintiffs' Brief In Opposition To Hermanson Family Limited Partnership I's Motion To Dismiss 12/23/1996
DR-CO-0018-0004 PDF | Detail
Order Denying Motions To Dismiss 03/03/1997 (1997 WL 33471624) (D. Colo.)
DR-CO-0018-0007 PDF | WESTLAW | Detail
Document Source: Westlaw
Plaintiffs' Brief In Opposition To Defendants' [Campbell-Ritter Corp.] Motion For Summary Judgment Based On Standing 06/11/1997
DR-CO-0018-0003 PDF | Detail
Order Granting Plaintiff Colorado Cross Disability Coalition's Motion To Dismiss With Prejudice All Of Its Claims 07/11/1997 (1997 WL 1523959) (D. Colo.)
DR-CO-0018-0009 PDF | WESTLAW | Detail
Document Source: Westlaw
Order Denying Defendants' Motion For Summary Judgment Based On Plaintiff's Lack Of Standing 08/05/1997 (1997 WL 33471623 / 1997 U.S.Dist.LEXIS 24207) (D. Colo.)
DR-CO-0018-0006 PDF | WESTLAW| LEXIS | Detail
Order Denying Plaintiff's Motion For Summary Judgment As To The Nine West Store 08/12/1997 (1997 WL 1523958) (D. Colo.)
DR-CO-0018-0008 PDF | WESTLAW | Detail
Document Source: Westlaw
Order Denying Plaintiff's Motion For Summary Judgment As To The Sussex Building 08/12/1997 (1997 WL 1523960) (D. Colo.)
DR-CO-0018-0010 PDF | WESTLAW | Detail
Document Source: Westlaw
Opening Brief Of Appellant Kevin W. Williams 10/10/2000
DR-CO-0018-0001 PDF | Detail
Reply Brief Of Appellant Kevin W. Williams 11/29/2000
DR-CO-0018-0002 PDF | Detail
[Opinon Affirming Distrct Court's Order Granting The Defendant's Motion For Judgment As A Matter Of Law] 08/29/2001 (264 F.3d 999)
DR-CO-0018-0011 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Baldock, Bobby Ray (FISCR, Tenth Circuit, D.N.M.)
DR-CO-0018-0011 | DR-CO-0018-9004
Briscoe, Mary Beck (Tenth Circuit)
DR-CO-0018-0011 | DR-CO-0018-9004
Johnson, Alan Bond (D. Wyo.) [Magistrate]
DR-CO-0018-0006 | DR-CO-0018-0007 | DR-CO-0018-0008 | DR-CO-0018-0009 | DR-CO-0018-0010 | DR-CO-0018-9000 | DR-CO-0018-9001 | DR-CO-0018-9002 | DR-CO-0018-9003
Lucero, Carlos F. (Tenth Circuit)
DR-CO-0018-0011 | DR-CO-0018-9004
Monitors/Masters None on record
Plaintiff's Lawyers Breeskin, Michael Wayne (Colorado)
DR-CO-0018-9000 | DR-CO-0018-9001 | DR-CO-0018-9002 | DR-CO-0018-9003
Fox, Timothy Patrick (Colorado)
DR-CO-0018-0001 | DR-CO-0018-0002 | DR-CO-0018-0003 | DR-CO-0018-0004 | DR-CO-0018-0011 | DR-CO-0018-9000 | DR-CO-0018-9001 | DR-CO-0018-9002 | DR-CO-0018-9003 | DR-CO-0018-9004
Robertson, Amy Farr (Colorado)
DR-CO-0018-0001 | DR-CO-0018-0002 | DR-CO-0018-0003 | DR-CO-0018-0004 | DR-CO-0018-0011 | DR-CO-0018-9000 | DR-CO-0018-9001 | DR-CO-0018-9002 | DR-CO-0018-9003 | DR-CO-0018-9004
Williams, Kevin William (Colorado)
DR-CO-0018-0001 | DR-CO-0018-0002 | DR-CO-0018-9004
Defendant's Lawyers Beier, Martin (Colorado)
DR-CO-0018-0011 | DR-CO-0018-9004
Bell, Christopher (District of Columbia)
DR-CO-0018-9002
Harper, George A (Georgia)
DR-CO-0018-9002 | DR-CO-0018-9004
Hutt, Abraham V. (Colorado)
DR-CO-0018-9000
McNab, Stewart (Colorado)
DR-CO-0018-9001 | DR-CO-0018-9002 | DR-CO-0018-9004
Silver, Joe L. (Colorado)
DR-CO-0018-0011 | DR-CO-0018-9000 | DR-CO-0018-9001 | DR-CO-0018-9002 | DR-CO-0018-9003 | DR-CO-0018-9004
Other Lawyers Chandler, Thomas E. (District of Columbia)
DR-CO-0018-0011 | DR-CO-0018-9004
Lee, Bill Lann (District of Columbia)
DR-CO-0018-0011
Russell, Kevin K. (District of Columbia)
DR-CO-0018-9004
Silver, Jessica Dunsay (District of Columbia)
DR-CO-0018-9004

- click to show/hide ALL -

new search
page permalink

- top of page -