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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