On June 24, 1999, plaintiffs, all persons who use wheelchairs for mobility, filed suit against a Denver city amphitheater in the U.S. District Court for the District of Colorado, claiming discrimination in provision of parking accommodations.

The defendant, the City and County of Denver, operated the Red Rocks concert amphitheater in Denver.

According to the Third Amended Complaint - the only one publicly available - filed on August 24, 2000, the plaintiffs alleged that the parking facilities at the venue were very inconvenient to the plaintiffs, who had to park vans and unload wheelchairs, forcing them to travel dangerous paths to the concert venue. The complaint also alleged that the employees were not helpful and often rude. The plaintiff brought counts under: (1) The Americans With Disabilities Act, 42 U.S.C. § 12131, et seq; and (2) Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. Plaintiffs sought an injunction requiring the City to comply with the statutes, and reasonable attorneys' fees and costs.

On October 10, 2006, the District Court entered a consent decree, in which the City agreed to provide a shuttle van system, expand parking spots for persons with disabilities, and to implement new policies for training staff. The City also agreed to contract for the Cross-Disability Coalition to monitor compliance for the 2000, 2001, and 2002 concert seasons. The City agreed to pay liquidated damages of $500 for each violation of the consent decree, beginning on January 1, 2003 and $50,000 in attorneys' fees and other fees and costs of reviewing compliance with the decree.

Eric Weiler - 06/08/2010


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