On June 16, 2003, Plaintiffs filed a complaint against the Colorado Rockies baseball club in the U.S. District Court for the District of Colorado, after it removed accessible seats in Coors Field and raised prices on others.

Because no documents are available for this case, the details are unknown. Presumably, however, they are similar to the parties in the related action. The complaint in that action is available, and it named three plaintiffs, the Colorado Cross-Disability Coalition, Inc., a Colorado resident with spina bifida who used a wheelchair for mobility and his father who accompanied him to baseball games.

Specifically, Plaintiffs alleged that prior to 2001, the defendant provided wheelchair accessible seats at Coors Field behind home plate, which were the only accessible seats providing a front-row or "near-in" viewing experience at the infield. These seats cost $27 to $38. Inaccessible seats in the same location were approximately $100. In 2001, to create a luxury seating area, the defendant raised the prices on the accessible seats behind home plate to $100 and removed some of the seats, leaving no affordable equivalent viewpoint for disabled individuals. The complaint brought a single count under the Americans With Disabilities Act, 42 U.S.C. § 12181 et seq. The plaintiff asked for declaratory relief, an injunction requiring the defendant to bring the stadium in compliance with the ADA, and attorneys' fees and costs.

On June 2, 2003, the court denied the defendant's motion to dismiss the complaint. On April 2, 2004, the court denied the defendant's motion for partial summary judgment, in a published opinion. Colorado Cross-Disability Coalition v. Colorado Rockies Baseball Club, Ltd., 336 F. Supp. 2d 1141 (D. Col. 2004). The defendant argued that clustering accessible seating at the top of certain sections in the ballpark was permissible under the ADA. The court denied the motion, noting that "The Rockies may not 'ghettoize' wheelchair spaces or designate a few token wheelchair spaces in the luxury seating areas as has been done."

A trial took place from April 19 to April 22, 2004. On August 31, 2004, the court granted a joint stipulated dismissal with prejudice of all claims. It is unclear whether the parties settled and if so what the terms of that agreement are. This order is the last entry on the docket. No documents are available through PACER.

Eric Weiler - 06/07/2010


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