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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