University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Civil Rights Education and Enforcement Center v. Sage Hospitality Resources LLC DR-CO-0023
Docket / Court 1:15-cv-00236 ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
This case is one of four class action lawsuits filed in January and February 2015 by the Civil Rights Education and Enforcement Center alleging that four major hotel owner/operators discriminated against individuals with mobility disabilities in the provision of hotel shuttle transportation. The ... read more >
This case is one of four class action lawsuits filed in January and February 2015 by the Civil Rights Education and Enforcement Center alleging that four major hotel owner/operators discriminated against individuals with mobility disabilities in the provision of hotel shuttle transportation. The Civil Rights Education and Enforcement Center specifically charged these hotel owner/operators (RLJ Lodging Trust, Hospitality Properties Trust, Ashford Hospitality Trust, Inc., and Sage Hospitality Resources LLC) with violations of the federal Americans with Disabilities Act and challenged the hotels' consistent failure to provide accessible options when they to chose to offer transportation services to guests.

On February 4, 2015, the plaintiffs filed this case in the U.S. District Court for the District of Colorado under Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181, et seq. ("ADA"). The plaintiffs, on behalf of the members of the Civil Rights Education and Enforcement Center as well as a proposed class defined by ADA, 42 U.S.C. § 12102, sought declaratory and injunctive relief. Under the ADA, the plaintiffs argued that hotels are required to provide transportation services to their guests and to provide equivalent accessible transportation services to guests who use wheelchairs or scooters. The plaintiffs wish for the defendant to comply with the ADA by providing wheelchair-accessible transportation services that are equivalent to the transportation services provided to non disabled guests at the defendant's hotels.

On March 24, 2015, the defendants moved to dismiss the complaint arguing that this case was one of four "cookie cutter" complaints filed by the plaintiff's counsel and that the Complaint should fall for referencing the wrong entity as Defendant. Additionally, the defendants argued that the plaintiff's Complaint was based on "pure speculation and guesswork," relied on conclusory allegations insufficient to establish any credible threat of immediate future harm, and did not plead a plausible basis for nationwide class relief.

On May 1, 2015, Judge Hegarty denied the defendant's motion to dismiss in light of the plaintiff's amended complaint, which was filed on March 24, 2015. Briefing on the defendant's renewed motion to dismiss will therefore proceed. As of September 29, 2015, the case is ongoing.

Jenn Nelson - 09/28/2015


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Issues and Causes of Action
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Issues
Defendant-type
Transportation
Disability
Mobility impairment
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - privately owned
Reasonable Accommodations
Transportation
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Non-government for profit
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Sage Hospitality Resources LLC
Plaintiff Description The Civil Rights Education and Enforcement Center (“CREEC”) is a nationwide civil rights membership organization based in Denver, Colorado whose mission includes, among other purposes, ensuring that persons with disabilities participate in our nation’s civic life without discrimination, including in the opportunity to benefit from the services provided by hotels. Plaintiff Margaret Denny has a disability within the meaning of ADA, 42 U.S.C. § 12102.
Indexed Lawyer Organizations Civil Rights Education and Enforcement Center
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
1:15-cv-00236 (D. Colo.) 09/17/2015
DR-CO-0023-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 02/04/2015
DR-CO-0023-0002.pdf | Detail
Document Source: Bloomberg Law
Defendant Sage Hospitality Resources' Motion to Dismiss Plaintiff's Complaint and Memorandum of Law 03/24/2015
DR-CO-0023-0004.pdf | Detail
Document Source: Bloomberg Law
First Amended Class Action Complaint 04/14/2015
DR-CO-0023-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Minute Order 05/01/2015 (D. Colo.)
DR-CO-0023-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Blackburn, Robert E. (D. Colo.)
DR-CO-0023-9000
Hegarty, Michael E. (D. Colo.) [Magistrate]
DR-CO-0023-0005 | DR-CO-0023-9000
Monitors/Masters None on record
Plaintiff's Lawyers Campins, Julia (California)
DR-CO-0023-0002 | DR-CO-0023-0003 | DR-CO-0023-9000
Davidson, Joshua (California)
DR-CO-0023-9000
Fox, Timothy Patrick (Colorado)
DR-CO-0023-0002 | DR-CO-0023-0003 | DR-CO-0023-9000
Lam, Linda Pham (California)
DR-CO-0023-9000
Lee, Bill Lann (California)
DR-CO-0023-0002 | DR-CO-0023-0003 | DR-CO-0023-9000
Morris, Sarah (Colorado)
DR-CO-0023-9000
Wilensky, Julie H. (California)
DR-CO-0023-9000
Williams, Kevin William (Colorado)
DR-CO-0023-0002 | DR-CO-0023-0003 | DR-CO-0023-9000
Defendant's Lawyers Fanning, Scott C. (Illinois)
DR-CO-0023-9000
Miller, Steve Allen (Illinois)
DR-CO-0023-9000
Simon, Kevin S. (Illinois)
DR-CO-0023-0004 | DR-CO-0023-9000
Other Lawyers None on record

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