Case: 1:99-cv-01247-ZLW-MJW As of: 05/26/2010 11:41 PM MDT 1 of 5
SuppressAnsRpt, TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:99−cv−01247−ZLW−MJW

Richardson, et al v. Steamboat Spgs, City Assigned to: Judge Zita L. Weinshienk Referred to: Magistrate Judge Michael J. Watanabe Demand: $0 Cause: 42:12101 Americans With Disabilities Act (ADA)
Plaintiff

Date Filed: 07/01/1999 Date Terminated: 08/10/2001 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Timothy Richardson

represented by Amy Farr Robertson Fox &Robertson, P.C. 104 Broadway #400 Denver, CO 80203 303−595−9700 Fax: 303−595−9705 Email: arob@foxrob.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Wayne Breeskin Arc of Denver, Inc. 1905 Sherman Street #300 Denver, CO 80203 303−831−7733 Fax: 303−839−5178 Email: mbreeskin@arcofdenver.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy Patrick Fox Fox &Robertson, P.C. 104 Broadway #400 Denver, CO 80203 303−595−9700 Fax: 303−595−9705 Email: tfox@foxrob.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Jonathan Steele

represented by Amy Farr Robertson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Wayne Breeskin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy Patrick Fox (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:99-cv-01247-ZLW-MJW As of: 05/26/2010 11:41 PM MDT 2 of 5

V. Defendant Steamboat Springs, City of
Intervenor USA

represented by David R. Brougham Hall &Evans, LLC−Denver 1125 17th Street #600 Denver, CO 80202 303−628−3300 Fax: 303−293−3238 Email: broughamd@hallevans.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allison J. Nichol U.S. Department of Justice Civil Rights Division, Public Access Sec P.O. Box 66738 Washington, DC 20035−6738 202−307−0663 Fax: LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bill Lann Lee Lewis, Feinberg, Lee, Renaker &Jackson, P.C. 1330 Broadway #1800 Oakland, CA 94612 510−839−6824 Fax: 510−839−7839 Email: blee@lewisfeinberg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Harold L. Jackson U.S. Department of Justice Civil Rights Division, Public Access Sec P.O. Box 66738 Washington, DC 20035−6738 202−307−0663 Fax: LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Wodatch U.S. Department of Justice−DC−Civil Rights−NY Ave 1425 New York Avenue, N.W. Sixth Floor Washington, DC 20005 202−307−2237 Fax: 202−307−1198 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Carl Kaufman McKenna Long &Aldridge, LLP−Denver 1400 Wewatta Street #700 Denver, CO 80202−5556

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303−634−4352 Fax: 303−634−4400 Email: rkaufman@mckennalong.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Whitney L. Ellenby U.S. Department of Justice Civil Rights Division, Public Access Sec P.O. Box 66738 Washington, DC 20035−6738 202−307−0663 Fax: LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/01/1999 07/01/1999 07/23/1999 07/29/1999 07/30/1999 08/04/1999 08/10/1999 08/11/1999 08/24/1999
08/26/1999
09/08/1999 10/28/1999 11/02/1999

# Docket Text
1 COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 07/02/1999)
FILING FEE PAID: on 7/1/99 in the amount of $ 150, receipt # 207084. (former empl) (Entered: 07/02/1999)
2 RETURN OF SERVICE of Summons and Complaint upon / by defendant Steamboat Spgs, City on 7/9/99 by serving Juline Struble City Clerk (former empl) (Entered: 07/26/1999)
3 ANSWER by defendant to complaint [1−1] (gms) (Entered: 07/30/1999)
4 ORDER R16,stat,stlmt,pto,pto Cases referred to Magistrate Judge Michael J. Watanabe by Judge Zita L. Weinshienk (cc: to counsel) (gms) (Entered: 08/04/1999)
5 Certificate of Service (Compliance) by plaintiff re: LR 72.6(former empl) Modified on 08/05/1999 (Entered: 08/05/1999)
6 ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Michael J. Watanabe ; Rule 16 conference set for 2:00 8/24/99 (cc: all counsel) (gms) (Entered: 08/11/1999)
7 CERTIFICATE OF MAILING BY CLERK OF COURT OF of scheduling order dated 8/10/99 on 8/11/99 (gms) (Entered: 08/12/1999)
8 COURTROOM MINUTES by Magistrate Judge Michael J. Watanabe ; rule 16 conf held on 8/24/99 ; discovery ddl set 2/24/00 ; disp mtn ddl set 3/24/00 ; status conf set for 1:30 11/5/99 ; pretrial conf set for 8:30 5/24/00 ; entry date : 8/25/99 Court Reporter: Tape 99−50 (former empl) (Entered: 08/25/1999)
9 MINUTE ORDER : by Magistrate Judge Michael J. Watanabe parties to submit original scheduling order with corrections made of record 8/25/99 hrg nunc pro tunc 8/25/99 by 9/3/99 (cc: all counsel) ; entry date : 8/27/99 (former empl) (Entered: 08/27/1999)
10 SCHEDULING ORDER Magistrate Judge Michael J. Watanabe ; Discovery cutoff 2/24/00 ;dispositive motions due 3/24/00 (cc: all counsel) (former empl) (Entered: 09/09/1999)
11 MINUTE ORDER : by Magistrate Judge Michael J. Watanabe ; status conf set for 8:30 12/16/99 (cc: all counsel) ; entry date : 10/29/99 (former empl) (Entered: 10/29/1999)
12 MINUTE ORDER by Magistrate Judge Michael J. Watanabe status conf reset for 10:00 12/16/99 (cc: all counsel) ; entry date : 11/3/99 (former empl) (Entered: 11/03/1999)

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12/16/1999 12/20/1999 12/22/1999 12/23/1999
02/03/2000 02/03/2000 02/03/2000 02/10/2000 03/01/2000 03/02/2000 03/17/2000 03/20/2000 04/18/2000 04/20/2000
04/20/2000 05/04/2000 05/04/2000 05/05/2000 05/08/2000 05/09/2000

13 COURTROOM MINUTES by Magistrate Judge Michael J. Watanabe ; status conf held 12/16/99 . Discovery to cont as set forth in sched order. ; entry date : 12/17/99 Court Reporter: Tape MJW 1999−86 (gms) (Entered: 12/17/1999)
14 Unopposed MOTION by plaintiff to extend disc deadlines (former empl) (Entered: 12/21/1999)
15 MEMORANDUM by Judge Zita L. Weinshienk referring to Magistrate Judge Michael J. Watanabe the motion to extend disc deadlines [14−1] (gms) (Entered: 12/22/1999)
16 MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion to extend disc deadlines [14−1], regarding [10−1] schedule order ; discovery ddl set 4/15/00 ; disp mtn ddl set 5/15/00 (cc: all counsel) ; entry date : 12/23/99 (former empl) (Entered: 12/23/1999)
17 MOTION by USA to intervene Attorney General and memorandum of points and authorities (former empl) (Entered: 02/04/2000)
Tendered Complaint in Intervention re: motion to intervene Attorney General [17−1] (former empl) (Entered: 02/04/2000)
18 CERTIFICATE of Service by USA (former empl) (Entered: 02/04/2000)
19 NOTICE of Change of Address of Fox &Robertson by plaintiff (former empl) (Entered: 02/11/2000)
20 RESPONSE by defendant to motion to intervene Attorney General [17−1] (former empl) (Entered: 03/02/2000)
21 MEMORANDUM by Judge Zita L. Weinshienk referring to Magistrate Judge Michael J. Watanabe the motion response [20−1] (former empl) (Entered: 03/03/2000)
22 Unopposed MOTION by plaintiff to extend disc deadlines (former empl) (Entered: 03/21/2000)
23 MEMORANDUM by Judge Zita L. Weinshienk referring to Magistrate Judge Michael J. Watanabe the motion to extend disc deadlines [22−1] (former empl) (Entered: 03/21/2000)
26 Entry of ATTORNEY APPEARANCE for plaintiff by Michael Wayne Breeskin (former empl) (Entered: 04/25/2000)
24 ORDER by Judge Zita L. Weinshienk granting motion to intervene Attorney General [17−1] clk to add United States as intervenor to caption of action and clk to file stamp cmp in intervention adding intervenor USA (cc: all counsel) ; entry date : 4/21/00 (former empl) (Entered: 04/21/2000)
25 INTERVENTION COMPLAINT by intervenor USA (former empl) (Entered: 04/21/2000)
27 MOTION by defendant Steamboat Spgs, City for status conference hearing (former empl) (Entered: 05/08/2000)
28 ANSWER by defendant Steamboat Spgs, City to complaint [25−1] (former empl) (Entered: 05/08/2000)
29 MEMORANDUM by Judge Zita L. Weinshienk referring to Magistrate Judge Michael J. Watanabe the motion for status conference hearing [27−1] (former empl) (Entered: 05/08/2000)
30 MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion for status conference hearing [27−1] ; status conf set for 10:00 6/7/00 (cc: all counsel) ; entry date : 5/10/00 (former empl) (Entered: 05/10/2000)
31 RESPONSE by plaintiff to motion for status conference hearing [27−1] (former empl) (Entered: 05/11/2000)

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06/07/2000
06/08/2000 09/20/2000 09/21/2000 10/31/2000
10/31/2000
11/01/2000
11/28/2000 11/29/2000 12/11/2000 12/19/2000 12/19/2000 01/11/2001 01/12/2001 01/24/2001 02/07/2001

32 COURTROOM MINUTES by Magistrate Judge Michael J. Watanabe govt oral mtn for 90 day stay of disc is granted and stayed to 9/4/00, pla's oral mtn to withdraw is granted and mtn withdrawn, withdrawing motion to extend disc deadlines [22−1] ; status conf held 6/7/00 ; settlement conf set for 8:30 9/20/00 ; entry date : 6/8/00 Court Reporter: Tape 0−52 (former empl) (Entered: 06/08/2000)
33 MINUTE ORDER : by Magistrate Judge Michael J. Watanabe ; settlement conf set for 8:30 9/20/00 (cc: all counsel) ; entry date : 6/9/00 (former empl) (Entered: 06/09/2000)
34 MEMORANDUM by Magistrate Judge Michael J. Watanabe ; settlement conf held 9/20/00 no settlement reached (former empl) (Entered: 09/22/2000)
35 MINUTE ORDER : by Magistrate Judge Michael J. Watanabe, setting telephone status conference for 10/31/00 at 9:30, stay on discovery is cont. until further order of court (cc: all counsel) ; entry date : 9/22/00 (former empl) (Entered: 09/22/2000)
36 COURTROOM MINUTES by Magistrate Judge Michael J. Watanabe ; Re: Telephone Status Hrg, counsel instructed to submit motion for dismissal to Senior Judge Weinshienk by 11/30/00, counsel are to meet to discuss atty's fees and costs. entry date : 11/1/00 Court Reporter: MJW Civil Tape 2000−100 (former empl) (Entered: 11/01/2000)
37 MINUTE ORDER : by Magistrate Judge Michael J. Watanabe, telephone conference call was held 10/27/00, all parties have advised that this case is settled and the settlement was placed on the record. Settlement agreement is approved and parties shall submit their written stipulation for dismissal before Senior Judge Weinshienk by 11/30/00, All future hrgs set before Magistrate Judge Watanabe are vacated. (cc: all counsel) ; entry date : 11/1/00 (former empl) (Entered: 11/01/2000)
38 ORDER by Judge Zita L. Weinshienk ; Magistrate Judge Watanabe's office has advised the court that this case has settled; Case is held in abeyance pending filing of settlement papers; settlement papers ddl set for 11/30/00 If papers have not been rec'd by 12/7/00 case will be dismissed without prejudice (cc: all counsel) ; entry date : 11/2/00 (former empl) (Entered: 11/02/2000)
39 MOTION by plaintiffs to extend date by which to file settlement papers to 12/7/00 and compliance with DC COLO LR 7.1(A) (former empl) (Entered: 11/29/2000)
40 MINUTE ORDER : by Judge Zita L. Weinshienk granting pla's motion to extend date by which to file settlement papers to 12/7/00 [39−1] ; dsm papers ddl set for 12/7/00 (cc: all counsel) ; entry date : 11/30/00 (gms) (Entered: 11/30/2000)
41 CONSENT DECREE by Judge Zita L. Weinshienk (cc: all counsel) ; entry date : 12/12/00 (former empl) (Entered: 12/12/2000)
42 MOTION by plaintiffs to extend deadline for plaintiffs to move for an award of their fees and costs (former empl) (Entered: 12/20/2000)
43 MINUTE ORDER : by Judge Zita L. Weinshienk granting pla's motion to extend deadline for plaintiffs to move for an award of their fees and costs [42−1] until 1/15/01 (cc: all counsel) ; entry date : 12/20/00 (former empl) (Entered: 12/20/2000)
44 Unopposed MOTION by plaintiffs to extend deadline for pla's to move for an award of their fees and costs (former empl) (Entered: 01/12/2001)
45 MINUTE ORDER : by Judge Zita L. Weinshienk granting pla's motion to extend deadline for pla's to move for an award of their fees and costs until 2/12/01 [44−1] (cc: all counsel) ; entry date : 1/17/01 (former empl) (Entered: 01/17/2001)
46 MINUTE ORDER : by Magistrate Judge Michael J. Watanabe ; further settlement conf set for 8:30 1/30/01 (cc: all counsel) ; entry date : 1/25/01 (former empl) (Entered: 01/25/2001)
47 NOTICE regarding plas' attys' fees and costs by plaintiff Timothy Richardson, plaintiff Jonathan Steele; the issue was resolved at the 1/30/01 settlement conf (lam) (Entered: 02/10/2001)

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No.

TIMOTHY RICHARDSON

and

JONATHAN STEELE,

Plaintiffs,

v.

CITY OF STEAMBOAT SPRINGS, COLORADO

Defendant.

COMPLAINT

Plaintiffs Jonathan Steele and Timothy Richardson, by and through their attorneys Fox & Robertson, P.C., hereby submit their Complaint for violation of the Americans with Disabilities Act and the Rehabilitation Act of 1973.
INTRODUCTION 1. Almost nine years after Congress passed our nation’s landmark civil rights law for people with disabilities, Defendant -- which, through Steamboat Springs Transit, owns and operates the City of Steamboat Springs’s public transportation system -- has not made several of its public services, including its public transportation system, accessible to individuals who use wheelchairs. 2. On July 12, 1990, Congress enacted the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq., establishing the most important civil rights law for people with disabilities in our country's history.

3. Congress explicitly stated that among the purposes of the ADA are:

a.

“to provide a clear and comprehensive national mandate for

the elimination of discrimination against individuals with disabilities;”

b.

“to provide clear, strong, consistent, enforceable standards

addressing discrimination against individuals with disabilities, . . .;” and

c.

“to invoke the sweep of congressional authority, including

the power to enforce the 14th Amendment and to regulate commerce, in

order to address the major areas of discrimination faced day-to-day by

people with disabilities.”

42 U.S.C. § 12101(b).

1. In addition, Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794

(the “Rehabilitation Act”) is “designed to eliminate discrimination on the basis of handicap in

any program or activity receiving Federal financial assistance.” 34 C.F.R. § 104.1.

2. In spite of abundant lead time and the extensive publicity the ADA and the Rehabilitation

Act have received since 1990, Defendant continues to discriminate against people who use

wheelchairs in ways that include but are not limited to its failure to provide access for persons

with disabilities to basic public services, including the public transportation system, that are

available to all other members of the public.

JURISDICTION

1. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331

and 1343.

2. Venue is proper within this District pursuant to 28 U.S.C. § 1391.

3.

PARTIES

2

1. Plaintiff Timothy Richardson is and was at all times material hereto a resident of Colorado residing at 901 Mountain Village Circle, Steamboat Springs, Colorado, 80487. Mr. Richardson has cerebral palsey, is a paraplegic, and is substantially impaired in several major life activities. Mr. Richardson requires a manual wheelchair for mobility. 2. Plaintiff Jonathan Steele is and was at all times material hereto a resident of Colorado residing at 305 Mountain Village Circle, Steamboat Springs, Colorado, 80487. Seven years ago, Mr. Steele was injured in a skiing accident. As a result, Mr. Steele is a paraplegic and is substantially impaired in several major life activities. Mr. Steele requires a manual wheelchair for mobility. 3. Defendant, the City of Steamboat Springs is a public entity (i.e., a local government) located in Colorado with its principal place of business at 137 Tenth Street, Steamboat Springs, Colorado, 80477. On information and belief, the City of Steamboat Springs (hereinafter “Steamboat Springs”) receives federal financial assistance, and in particular, for the operation of its public transportation system through Steamboat Springs Transit (“SST”). SST operates a fixed route bus system.
GENERAL ALLEGATIONS 1. Plaintiff Timothy Richardson has lived in Steamboat Springs since November of 1998 and relies on SST’s buses as his primary means of transportation. Mr. Richardson is an active and contributing member of the Steamboat Springs community and has been employed at the Wal-Mart in Steamboat Springs, where he handles returns and exchanges, since December of 1998. 2. Plaintiff Jonathan Steele has lived in Steamboat Springs for the last twelve years. Mr. Steele has been employed at the Sheraton Hotel in downtown Steamboat Springs for nine years, where he controls the switchboard in the front office. He relies on SST as well as his own vehicle for transportation. Mr. Steele is an active member of the community who patronizes
3

many of the city’s private businesses and public facilities. He is an outdoorsman who frequently uses the city’s many parks, trails, and other recreational areas. 3. Plaintiffs have encountered various accessibility barriers throughout Steamboat Springs. There are numerous issues related to SST, the city’s public transportation system, as well as several of the city’s other programs and facilities. 4. Both Mr. Richardson and Mr. Steele have encountered buses without lifts or with broken lifts. Mr. Richardson must often wait as long as an hour — while three or four buses pass him by — before a properly equipped, accessible bus arrives at his stop. 5. As a result of Mr. Richardson’s inability to access Steamboat Springs’ buses, he has been forced to arrive more than an hour late for work on numerous occasions. In a town where most destinations are only minutes away and other members of the public receive prompt and efficient bus service, Mr. Richardson must arrive at the bus stop an hour early in order to reach his work on time. 6. On one occasion during the latter part of January of 1999, Mr. Richardson was required to wait for close to an hour in sub-zero temperatures for an accessible bus to arrive at the Shadow Run stop, near his apartment. As a result of this prolonged exposure to the elements, Mr. Richardson’s hands were seriously frostbitten, the tips of all eight of his fingers badly burned and blistered from the cold, and his thumbs blistered as well. Since Mr. Richardson uses his hands to operate his manual wheelchair, this was a seriously debilitating injury that resulted in limitations on his mobility as well as his performance at work. Changes in the weather continue to cause the tips of Mr. Richardson’s fingers to flare up in pain. 7. Mr. Steele has also experienced problems as a result of Steamboat Springs’ inaccessible buses. For example, last winter, the lift on the first bus that arrived at Mr. Steele’s stop was not working because there was ice on some of its components. Because the bus was inoperable, a
4

replacement bus was called, but this bus was not wheelchair-accessible. Finally an accessible

bus arrived and picked up Mr. Steele, but he was more than thirty minutes late for work.

8. In addition to the difficulties caused by buses without lifts or with broken lifts, Mr.

Richardson and Mr. Steele have also experienced problems as a result of Steamboat Springs’

failure to properly train and supervise its drivers. For example:

a.

Mr. Richardson and Mr. Steele have had to give step-by-

step instructions to the drivers on the use of the lifts.

b.

On several occasions, bus drivers have been uncooperative

and have refused to assist Mr. Richardson in securing his wheelchair in the

bus so as to prevent movement and reduce risk of injury in the event of an

accident or sudden stop. Instead, Mr. Richardson must hold on to rails

beside the driver.

c.

At times, when an inaccessible bus has been the last bus

available for Mr. Richardson to take and still be on time for work, he has

offered to hoist himself on to the bus, requiring only that the driver assist

him by retrieving his chair from outside the bus. Drivers have routinely

refused to assist Mr. Richardson.

d.

Mr. Richardson has been told by bus drivers that their

buses do not have lifts or that their lifts are not working. This has

happened in instances where Mr. Richardson has ridden the particular bus

claimed to be without a lift earlier that day or the previous day and thus

knows that the lift does in fact work.

e.

On information and belief, the portion of SST’s driver-

training covering the operation of the buses’ lifts is minimal, consisting of

only a few minutes of instruction.

5

9.

Other aspects of Steamboat Springs’ public transportation system

are inaccessible to Mr. Richardson and Mr. Steele. For example, some of the bus stops have

shelters inside of which patrons of the bus system may shield themselves from the winter wind

and cold as they wait. Some of these shelters are inaccessible to persons who use wheelchairs.

Mr. Richardson’s case of frostbite was at least partially due to the inaccessibility of a shelter. In

addition, at SST’s stop at the Gondola Transportation Center in Steamboat Springs, the “lanes”

where passengers load and unload from buses are inaccessible to persons who use wheelchairs.

10.

Mr. Richardson and Mr. Steele have repeatedly made their

concerns and complaints known to SST. Steamboat Springs, however, has failed to address

these issues.

11.

Mr. Richardson and Mr. Steele have been and continue to be

injured by the inaccessibility of Steamboat Springs’ public transportation system. They have

also been injured by the stigma of Defendant’s discrimination, which has been and continues to

be a barrier to the full participation of people with disabilities in the Steamboat Springs

community.

12.

In addition to the accessibility barriers to Steamboat Springs’

public transportation system, there are several other facilities in Steamboat Springs that are

inaccessible to individuals with disabilities, particularly persons who use wheelchairs. For

example:

a.

The parking lot at Spring Creek Reservoir, a city-owned

and -operated park that Mr. Steele frequents, is almost exclusively

reserved for persons with disabilities. Steamboat Springs, however,

removed a wheelchair-accessible portable restroom from this location,

leaving only an inaccessible, standard portable restroom.

6

b.

Mr. Steele has attended the Chariot Races held in the

winter at Romick Rodeo Arena, part of the City’s Howelsen Hill

Complex. These races are inaccessible to persons who use wheelchairs.

There is no disabled parking available for this event. In addition, persons

sitting in the only wheelchair-accessible seating at the arena cannot see the

Chariot Races.

c.

Steamboat Springs Stables, also located at the City’s

Howelsen Hill Complex, offers extensive horseback-riding services to

area residents and visitors, but has no ramp or other devices by which

persons who use wheelchairs can mount horses. Mr. Steele was turned

away from the facility because it lacks the means to serve disabled

patrons.

d.

The City of Steamboat Springs sponsors various events at

the Howelsen Hill ski jump outrun, a location that is inaccessible to

individuals who use wheelchairs. Mr. Steele has attempted to attend

events at this location in the past.

13.

As a result of the accessibility barriers to the City of Steamboat

Springs’ public transportation system as well as to many of its other programs and facilities,

Plaintiffs Mr. Richardson and Mr. Steele have suffered injuries, including but not limited to

physical pain and suffering with respect to Mr. Richardson, as well as humiliation, emotional

distress, embarrassment and anguish.

14.

Plaintiffs would like to -- and are ready, willing and able to --

utilize Defendant’s services, programs and activities when the discriminatory barriers are

removed or cured.

7

FIRST CLAIM FOR RELIEF

(Violation of the Americans with Disabilities Act)

1.

Plaintiffs reallege and incorporate by reference the allegations set

forth in paragraphs 1 - 24 above as if fully set forth herein.

2.

Title II of the ADA prohibits public entities from denying, on the

basis of disability, the benefits of the services, programs, or activities of the public entity, and

from subjecting persons with disabilities to discrimination. 42 U.S.C. § 12131 et seq.

3.

Further, it is considered discrimination for purposes of the ADA

“for a public entity to fail to operate a designated public transportation program or activity

conducted in [existing] facilities so that, when viewed in the entirety, the program or activity is

readily accessible to and usable by individuals with disabilities.” 42 U.S.C. § 12148.

4.

Defendant is a public entity under the ADA.

5.

Defendant has violated the ADA by failing to make its public

transportation system readily accessible to and usable by Plaintiffs and other persons who use

wheelchairs.

6.

In addition, Defendant Steamboat Springs has violated the ADA by

denying Plaintiffs and other persons who use wheelchairs the benefits of its services, programs,

and activities, as more fully set forth above.

7.

Plaintiffs have been harmed by Defendant’s violations of the ADA.

8. SECOND CLAIM FOR RELIEF

(Violation of Rehabilitation Act of 1973)

1.

Plaintiffs reallege and incorporate by reference the allegations set

forth in paragraphs 1 - 31 above as if fully set forth herein.

8

2.

The Rehabilitation Act prohibits recipients of federal funding from

denying to persons with disabilities, on the basis of disability, the benefits provided by the

recipient, or from subjecting persons with disabilities to discrimination. 29 U.S.C. § 794.

3.

On information and belief, Defendant receives federal funding.

4.

Defendant has violated the Rehabilitation Act by denying Plaintiffs

and other persons who use wheelchairs its benefits, including access to its public transportation

system, as more fully set forth above.

5.

Defendant’s violations of the Rehabilitation Act have harmed

Plaintiffs.

6.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully pray:

1. That this Court assume jurisdiction.

2. That this Court issue an injunction ordering Defendant to comply with the ADA and the

Rehabilitation Act by making its services, programs, and activities, including its public

transportation system, readily accessible to and usable by Plaintiffs and other persons who use

wheelchairs.

3. 3. That this Court award compensatory damages to Plaintiffs.

4. 4. That this Court award Plaintiffs’ reasonable attorneys’ fees and costs.

5. 5. That this Court award such additional or alternative relief as may be just, proper

and equitable.

6. JURY DEMAND: Plaintiffs demand a jury on all issues which can be heard by a jury. Respectfully submitted,

FOX & ROBERTSON, P.C.

9

Dated:
Address of Plaintiff Timothy Richardson: 901 Mountain Village Circle Steamboat Springs, Colorado 80487
Address of Plaintiff Jonathan Steele: 305 Mountain Village Circle Steamboat Springs, Colorado 80487

Timothy P. Fox Amy F. Robertson 1675 Larimer Street Suite 610 Denver, CO 80202 (303) 595-9700
Attorneys for Plaintiffs

10

 
 UNITED STATES DISTRICT COURT DISTRICT OF COLORADO
Civil Action No. 99-Z-1247
TIMOTHY RICHARDSON and JONATHAN STEELE,
Plaintiffs, and THE UNITED STATES OF AMERICA, Plaintiff-Intervenor,
v. CITY OF STEAMBOAT SPRINGS,
Defendant.
________________________________________________________________ _
CONSENT DECREE ________________________________________________________________ _
I. INTRODUCTION On July 1, 1999, Timothy Richardson and Jonathan Steele (“Individual Plaintiffs”) filed a Complaint against the City of

Steamboat Springs, Colorado (“City”), alleging that the City had discriminated against them on the basis of disability in connection with the provision of transit service and certain other City services, in violation of Title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131-12149 and Section 504 of the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. § 794. By Order dated April 20, 2000, the United States intervened in Individual Plaintiffs’ action against the City to the extent that it alleged violations of transportation provisions of the ADA and the Rehabilitation Act.
The United States, the Individual Plaintiffs, and the City desire to settle the action between them without the burden of prolonged litigation. This Consent Decree resolves all allegations raised by the United States in its Complaint, and the allegations of Individual Plaintiffs in their Complaint that deal with the transportation issues raised in the Complaint of the United States. This Consent Decree also resolves the Individual Plaintiffs’ allegations concerning the nontransportation issues in which the United States did not join. The parties waive, for the purposes of this Consent Decree only, a hearing and findings of fact and conclusions of law on all issues raised by the United States in its Complaint and the like issues raised by the Individual Plaintiffs in their Complaint. For purposes of this Consent Decree, the City acknowledges that Individual Plaintiffs are prevailing parties under 42 U.S.C. § 12205. At any hearing on a motion for attorney fees and costs,
1

the City shall not assert that the Individual Plaintiffs were not prevailing parties.
It is therefore ORDERED ADJUDGED AND DECREED as follows:
II. PROSPECTIVE RELIEF A. By August 1, 2002, the City shall ensure that all vehicles in its active inventory of vehicles used in its fixed route system are readily accessible to and usable by individuals with disabilities who use wheelchairs. B. The City shall maintain in operative condition the wheelchair lifts on all existing vehicles and all vehicles acquired in the future for use on the City’s fixed route system, provided that the City may decommission its TMC buses for use of parts from the wheelchair lifts thereon for purposes of maintaining other buses’ wheelchair lifts. C. Within thirty (30) days of the entry of this Consent Decree and for a minimum term of five (5) months, the City shall lease for use on the fixed route system two (2) vans or minibuses, and shall, at the same time, retire two of the five inaccessible Ford vans which the City purchased in 1996 and 1997 without engaging in good faith efforts required under the ADA to locate accessible used vans. The City agrees that until it can permanently replace the three remaining inaccessible Ford vans in accord with its recent purchase of new accessible vans for anticipated delivery by Summer 2001, the remaining inaccessible vans will be used only on a reserve basis in case of emergency.
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D. The City has established and shall continue to employ a system of regular and frequent maintenance checks of wheelchair lifts on all vehicles. The maintenance checks shall include daily lift cycling to occur at the outset of each service day. If the maintenance checks disclose an inoperative lift on a given vehicle, the City shall promptly remove said vehicle from service for repairs, and the City shall not utilize the vehicle for service until the repairs are accomplished. When a wheelchair lift is discovered to be inoperative after the bus is in service, the City shall remove said vehicle from service for repairs at the end of that service day or as soon as a spare vehicle with an operative lift can take its place, whichever occurs sooner; provided that if there is no spare vehicle with an operative lift available to be substituted, and taking the vehicle out of service will substantially delay the transportation service the City has scheduled, the City may keep the vehicle with an inoperative lift in service for up to two service days.
E. Effective immediately upon the entry of this Consent Decree, the City shall make and maintain for the duration of this Consent Decree records relating to wheelchair lift operation, maintenance and repair, including the number of the vehicle involved, the date of each lift cycling and each lift operation; the date and time of each report of lift malfunction; the date and time the vehicle was removed from service for repair; if the vehicle was kept in service due to delay in scheduled service, the amount of delay; a description of the
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cause of malfunction and the repair performed; the date the vehicle was returned to service after repair; and the names of the employees conducting lift cycling and operation, reporting lift malfunctions, and performing the repairs.
F. Effective upon the entry of this Consent Decree, whenever a disabled individual using a wheelchair encounters a City bus or van without a wheelchair lift or with a lift that does not operate for any reason, the City shall continue its practice of promptly dispatching an accessible vehicle to provide transportation to the individual unable to board the previous vehicle. At the time the City operator requests dispatch of such alternate transportation, the operator shall inform the disabled individual of the expected time of arrival of the accessible vehicle, and when the dispatcher is on duty, the dispatcher shall record the times of the request and the dispatch of alternate transportation.
G. The City shall continue to provide comprehensive training for all bus and van operators, dispatchers, and mechanics. The City shall also provide said training upon hiring of any new operator or mechanic, whether or not said employee previously worked for the City. The City shall also provide timely refresher training for any operator or mechanic if and when said employee demonstrates a lack of knowledge of proper wheelchair lift operation, maintenance, and repair. Refresher training for operators shall also be provided at or about the beginning of winter. The training shall include courses available from wheelchair lift and/or bus manufacturers
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to cover the proper operation, maintenance, and repair of lifts. The training shall also include hands-on training for all operators that includes proper deployment and stowing of wheelchair lifts utilizing both hydraulic and manual systems, if they exist; proper operation of lifts during inclement weather; procedures in compliance with paragraph F, above, for dispatching of alternate transportation when disabled individuals using wheelchairs cannot board a City vehicle; and the provision of adequate time in operating the lifts to allow individuals with disabilities to safely complete boarding and disembarking from the vehicle. The training shall also include general information about applicable Department of Transportation regulations under Title II of the ADA and appropriate behavior in interacting with individuals with disabilities. To insure the effectiveness of its training, the City shall utilize a self-evaluation program to establish criteria and test each trainee's competency at the conclusion of the training. The City shall make and maintain for the duration of this Consent Decree records showing the dates and hours of training, names of instructors and students, and the subject matter covered.
H. The City shall continue working directly with organizations representing persons who are mobility-impaired, to develop and implement a public education program to promote the use of the City’s transit system by individuals with mobility impairments.
I. The United States, the City and the Individual
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Plaintiffs agree and hereby acknowledge that, since the United States did not intervene in the non-transportation allegations of the Individual Plaintiffs’ Complaint, the United States is not party to Section II(J) of this Consent Decree and that only the City and Individual Plaintiffs are party to Section (II(J)).
J. By agreeing to and voluntarily entering into this section (II(J)) of the Consent Decree, there is no admission or concession by the City, express or implied, that it has in any way violated the ADA or the Rehabilitation Act, or any other federal, state, or local law, regulation, order, or rule. The City denies and continues to deny that it has violated any such laws pertaining to the access issues addressed in this section (II(J)) of the Consent Decree. The City denies and continues to deny any and all liability to Individual Plaintiffs for any such claims. As part of this Consent Decree, the City agrees to the following:
1. The three, accessible parking spaces on the east side of the rodeo grounds at Howelsen Hill complex shall continue to exist as designated, accessible spaces for the term of this Consent Decree. 2. On or before June 22, 2001, the City shall construct an all-weather, compacted fines trail surface from the east side to the west side of the rodeo grounds, with removable hard surfacing access across the rodeo arena livestock entry and track, with associated 32-inch clear gates or other openings. 3. In order to provide access to people who use
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wheelchairs or other mobility aids, effective upon entry of this Consent Decree and, as an ongoing requirement of the Decree, the City shall snowplow or shovel all walkways of the rodeo grounds, including the area referenced in Section II(J)(2) of this Decree and the areas referenced in Sections II(J)(6), II(J)(7), II(J)(8), and II(J)(10) of this Decree. 4. On or before June 22, 2001, the City shall install in the accessible, modular seating platform adjacent to the rodeo grandstand a sign that states that the security officer, who is stationed at this location, will provide umbrellas to those individuals requesting them. 5. On or before June 22, 2001, the City shall modify, as needed to comply with the Americans with Disabilities Act Accessibility Guidelines (“ADAAG”), a men’s and a women’s restroom on the east side of the rodeo grounds. 6. On or before June 22, 2001, the City shall reconfigure the concrete ramp to the overflow seating area at the rodeo grounds so that such ramp has a slope that complies with ADAAG. In addition, on or before June 22, 2001, the City shall add ADAAG-compliant, accessible seating in the overflow seating area by painting stripes on the landing to the overflow seating area. 7. On or before January 25, 2001, the City shall construct an all-weather, compacted fines trail surface around the north side of the poma lift house on the Howelsen Hill complex to the bleachers to the ski-jumping,
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viewing area, and to, and through, the existing fence on

the north side of the poma lift house, for access to the

concert venue/amphitheater.

8. On or before January 25, 2001, the City shall place

removable, hard-surfacing access across ski-able terrain

during World Cup events, from the Howelsen Hill Lodge

parking lot to the bleachers, for access to the ski-

jumping, viewing area.

9.

Upon entry of this Consent Decree, the City shall

modify in compliance with ADAAG the fire doors to Howelsen

Hill Lodge.

10. Effective upon entry of this Consent Decree, the City

shall prohibit parking along the fence in front of and to

the east of Howelsen Hill Lodge during winter and summer

scheduling of the Lodge, as well as during special events,

to ensure that safe access is available for the public to

the main, entry doors to the Lodge.

11. On or before January 25, 2001, the City shall install

automatic door openers to the restroom doors on the first

floor of Howelsen Hill Lodge or turn those doors in such a

manner to ensure that they comply with ADAAG.

12. On or before September 3, 2001, the City shall create

two ADAAG-compliant parking spaces at the Alpine

Slide/stables area.

13. On or before September 3, 2001, the City shall ramp or

otherwise provide access to the restrooms at the Alpine

Slide/stables area.

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14. On or before September 3, 2001, the City shall modify the existing restrooms located between the rodeo grounds overflow seating and the Alpine Slide/stables parking lot so that such restrooms comply with ADAAG. 15. Effective upon entry of this Consent Decree, the City shall require its bus drivers to stop at the accessible, bus loading zone located just west of the bus shelter at 7th Street and Lincoln Avenue in the City to pick up and drop off people with disabilities in wheelchairs or other mobility aids. 16. To the extent that it has not already been accomplished, effective upon entry of this Consent Decree, the City shall request the Steamboat Ski & Resort Corporation to post an “ADA Loading Only” zone sign at the curbside of the extreme south end of the Gondola Transit Center, where City buses, before proceeding into whatever stall they would normally use for loading and unloading at the Transit Center, must stop if a person in a wheelchair or other mobility aid is waiting to board a City bus or exit a City bus that is entering the Gondola Transit Center. 17. The City does not contest that Individual Plaintiffs are entitled to their reasonable attorneys’ fees and costs. If the parties cannot otherwise reach agreement as to the amount of Plaintiffs’ attorneys’ fees and costs, the parties agree that the amount of such fees and costs will be determined by Judge Weinshienk, and the City shall pay
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those attorneys’ fees and costs awarded by Judge Weinshienk within ten (10) days after the date of the Order entering such award or within ten (10) days of the resolution of any appeal of such Order.
III. INDIVIDUAL REMEDIAL RELIEF The City shall pay Mr. Richardson the sum of $ 9,500.00, and Mr. Steele the sum of $ 2,750.00 in compensatory damages relating to the claims contained in the two Complaints.
IV. IMPLEMENTATION OF DECREE It is further ORDERED that: A. Within ninety (90) days of the entry of this Consent Decree, the City shall submit its first report to counsel for the United States and for Individual Plaintiffs detailing the actions it has taken to comply with this Consent Decree. Within one hundred-eighty (180) days of the entry of this Consent Decree, the City shall submit its second report to counsel for the United States and for Individual Plaintiffs detailing the actions it has taken to comply with this Consent Decree. B. During the four-year period following the entry of this Consent Decree, the City shall summarize and send to counsel for the United States and Individual Plaintiffs on an annual basis, measured from the date of entry of the Consent Decree, a list of wheelchair lift malfunctions and repairs, the dates and times of the provision of alternate transportation as
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provided in paragraph II(F), above, vehicle purchases, and vehicle leases, along with dates thereof.
C. As and for the final annual report, the City shall provide a report to counsel for the United States and the Individual Plaintiffs forty-five (45) days prior to the expiration date of the Consent Decree, detailing all actions taken to comply with this Consent Decree.
D. The City shall retain during the life of this Consent Decree records required by this Consent Decree, and any other records necessary to document the implementation of and continued compliance with this Consent Decree. The City shall allow counsel for the United States and Individual Plaintiffs to review and copy such records upon reasonable notice.
E. Within thirty (30) days of the entry of this Consent Decree by the Court, Timothy Richardson and Jonathan Steele shall provide to the undersigned counsel for the City an executed Release Form in the form attached as Appendix A to this Consent Decree.
F. Within ten (10) days of the receipt by the City’s counsel of Mr. Richardson’s and Mr. Steele’s executed Release Forms, they shall be paid the amount described in paragraph III. Payment shall be forwarded to Mr. Richardson and Mr. Steele via certified mail, return receipt requested, for receipt by their counsel within the ten days described above. A copy of any check and any accompanying correspondence shall be mailed to counsel for the United States.
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G. The parties shall attempt to resolve informally any dispute that may occur under this Consent Decree. If the parties are unable to reach agreement to resolve a dispute within thirty (30) days after the issue has been raised, the dispute may be submitted to the Court for resolution.
H. The Court shall retain jurisdiction over this Consent Decree for the purposes of enforcing it, resolving any dispute that may arise under this Consent Decree, and entering such further orders as may be appropriate.
I. This Consent Decree shall terminate four (4) years from the date of its entry unless, before its termination, the Court finds good cause to extend any provision herein.
J. This Consent Decree shall be final and binding on the parties to this action, including all principals, agents, employees of the City.
K. Nothing in this Consent Decree shall preclude the United States from filing a separate action under the ADA and/or the Rehabilitation Act for any future alleged violation occurring after the date of entry of this Consent Decree.
L. The United States and the City shall bear their own costs, including attorneys’ fees, except that all parties retain the right to seek costs for any matter that, in the future, may arise from this Consent Decree and require resolution by the Court.
Respectfully submitted,
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BILL LANN LEE Assistant Attorney General Civil Rights Division JOHN L. WODATCH Chief, Disability Rights Section ALLISON J. NICHOL Deputy Chief Disability Rights Section
Harold L. Jackson Whitney L. Ellenby Attorneys for Plaintiff-Intervenor United States Department of Justice Civil Rights Division Disability Rights Section P.O. Box 66738 Washington, D.C. 20035-6738 Telephone: (202) 305-7624 Dated:___________________
Timothy P. Fox Michael W. Breeskin Amy F. Robertson FOX & ROBERTSON, P.C. Attorneys for Plaintiffs Timothy Richardson and Jonathan Steele 910 16th Street, Suite 610 Denver, Colorado 80202 Telephone: 303-595-9700
Dated: _________________
David R. Brougham HALL EVANS, L.L.C. Attorney for Defendant City of
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Steamboat Springs 1200 17th Street, Suite 1700 Denver, Colorado 80202 Telephone: 303-628-3300 Dated: _____________________
It is so ORDERED, this _____ day of ________, 2000.
____________________________ ZITA L. WEINSHIENK United States District Judge
APPENDIX A RELEASE FORM Timothy Richardson and Jonathan Steele, and United States
v. City of Steamboat Springs, Colorado
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STATE OF COLORADO For and in consideration of the payment of compensatory
damages pursuant to the provisions of the Consent Decree entered by the Honorable Zita L. Weinshienk, United States District Judge, on [date], in the above-styled case, I, [name of plaintiff], hereby release and forever discharge the City of Steamboat Springs, Colorado, from those legal and equitable claims that are raised in the Complaints of the United States and of Timothy Richardson and Jonathan Steele, in Timothy Richardson and Jonathan Steele, and United States v. City of Steamboat Springs, Colorado, Civil Action No. 99-Z-1247.
This Release constitutes the entire agreement between myself and the City of Steamboat Springs, Colorado, without exception or exclusion. I acknowledge that a copy of the Consent Decree in this action has been made available to me.
I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.
Signed this _______day of _________________, 2000.
________________________________ [name of plaintiff] Sworn and subscribed to before me this ______day of _______________, 2000.
_______________________________ NOTARY PUBLIC
My commission expires:______________
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