IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 99-D-1193 KEVIN WILLIAMS, CARRIE ANN LUCAS, KYLE STUBBS & ROANNE KUENZLER,
Plaintiffs, v. THE CITY AND COUNTY OF DENVER, COLORADO,
Defendant, v. STAFF PRO, INC.,
Third Party Defendant.
THIRD AMENDED COMPLAINT
Plaintiffs Kevin Williams, Carrie Lucas, Kyle Stubbs and Roanne Kuenzler by and through their attorneys Fox & Robertson, P.C., hereby submit their Third Amended Complaint for violation of the Americans with Disabilities Act and the Rehabilitation Act.
INTRODUCTION 1. Over seven years after Congress passed our nation’s landmark civil rights law for people with disabilities, Defendant – which owns and operates Red Rocks Amphitheatre – continues to discriminate against persons who use wheelchairs and other mobility devices. 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 spite of this abundant lead time and the extensive publicity the ADA has received

since 1990, Defendant continues to discriminate against people who use wheelchairs in ways that

include but are not limited to failing to provide accessible parking to persons who use

wheelchairs and other mobility devices and failing to properly train and educate its employees in

the requirements of the ADA and related issues.

2.

3.

4.

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.

PARTIES

1. Plaintiff Kevin Williams is and was at all times material hereto a resident of Colorado

residing at 3425 S. Sherman Street, Unit 610, Englewood, Colorado 80110. Mr. Williams is a

2

tetraplegic – that is, he is paralyzed from the chest down with limited use of his arms and hands – who uses an electric wheelchair for mobility and is substantially impaired in several major life activities. 2. Plaintiff Carrie Lucas is and was at all times material hereto a resident of Colorado residing at 2901 York Street, Denver, Colorado 80205. As a result of a bone infection and bone tumor and related treatment, Ms. Lucas is substantially impaired in several major life activities, including but not limited to the major life activity of walking. She uses a power wheelchair for mobility. 3. Plaintiff Kyle Stubbs is and was at all times material hereto a resident of Colorado residing at 8261 Pecos Way, Denver, Colorado 80221. As a result of post-polio syndrome, Mr. Stubbs is substantially impaired in several major life activities, including but not limited to the major life activity of walking. He uses a power wheelchair for mobility. 4. Plaintiff Roanne Kuenzler is and was at all times material hereto a resident of Colorado residing at 1863 Wazee Street, Unit 1F, Denver, Colorado 80202. As a result of a spinal cord injury, Ms. Kuenzler is substantially impaired in several major life activities, including but not limited to the major life activity of walking. She uses a manual wheelchair for mobility. 5. Defendant City and County of Denver owns and operates Red Rocks Amphitheatre (“Red Rocks”), located in Morrison, Colorado. On information and belief, Defendant receives federal funding.
GENERAL ALLEGATIONS 1. Red Rocks is an amphitheater located at 12700 West Alameda Parkway, Morrison, Colorado 80465. According to material published by Defendant on the Internet, Red Rocks seats 9,200 persons and provides parking for approximately 3,500 vehicles in 14 lots. According to this material, only two lots have designated handicapped parking spaces, with each lot having only eight designated spaces. These lots are located near the top of the amphitheatre.
3

2. There are two seating areas in Red Rocks that are accessible to persons who use wheelchairs and other mobility devices – the first row and the last row. There is no wheelchairaccessible sidewalk, road or other path from the two parking lots with designated handicap parking spaces to the accessible seats in the front row of Red Rocks. Thus patrons with tickets for the front row of accessible seating cannot park in the two lots with designated handicap parking spaces. 3. Red Rocks also has a “backstage” parking lot, which is located near the front of the amphitheatre and from which persons who use wheelchairs can access first row seats. There are no designated accessible parking spaces in the backstage lot. 4.
ALLEGATIONS CONCERNING PLAINTIFF KEVIN WILLIAMS 1. On Tuesday, June 15, Kevin Williams and two friends drove in Mr. Williams’s van – which is equipped with a lift to allow Mr. Williams to enter the van – to Red Rocks for the Telluride Bluegrass Festival. They had purchased tickets for the front row wheelchair-accessible section. 2. Upon arriving at Red Rocks, Mr. Williams explained that he needed to park in the backstage parking lot. The Red Rocks employee told Mr. Williams that he could not park in the backstage lot but instead would have to park in a lot located near a gift shop called the Trading Post. 3. Mr. Williams, who had been to Red Rocks in the past, told the Red Rocks employee that he could not get to the amphitheatre from the Trading Post parking lot. After this conversation, Mr. Williams and his friends continued driving toward the amphitheatre. 4. When Mr. Williams and his friends arrived at the Trading Post, they explained to the employee stationed there that they needed to park in the backstage lot. This employee directed Mr. Williams to a parking lot just beyond the Trading Post.
4

5. Mr. Williams told the employee that Mr. Williams needed to park near the front row of wheelchair seats. The only way to get from the Trading Post lot to the amphitheatre was up a very steep ramp with no landings on it. Mr. Williams’s wheelchair is old, and the motors do not work well except on regular ramp inclines. Therefore, he cannot get up the ramp. Further, even if he could get up the ramp, it would be very dangerous for him to attempt to come down the crowded ramp after the concert was over. 6. At this point, the Red Rocks employee became very rude. He asked where Mr. Williams’s disabled placard was, even though Mr. Williams was plainly visible in his wheelchair in the van. Mr. Williams has a license plate with the access symbol instead of a placard. 7. The Red Rocks employee eventually told Mr. Williams and his friends to pull over on the road, and he appeared to contact someone on his radio. After approximately ten minutes the employee had still not returned, so Mr. Williams opened the lift doors and asked where he should go. Finally, the employee told Mr. Williams that he could be dropped off at the backstage lot, but Mr. Williams’s friend would have to drive back down and park the van. 8. Mr. Williams and his friends drove up the hill to the backstage parking lot. There were numerous cars parked in the parking lot, but there were no spaces available. There was no sign of any designated accessible parking spaces. Mr. Williams and his friends parked in a place where he could get his wheelchair lift down and get out. 9. As Mr. Williams and his friends approached the gate to enter, another Red Rocks employee told them that they could not park there. Mr. Williams asked where he was supposed to park, and the employee said that Mr. Williams could be dropped off, but his friends would have to drive the van back down the hill and park elsewhere. Mr. Williams asked to speak with a manager. 10. Harris Marks, Events Manager, then approached. Mr. Marks, who was very hostile and rude, told Mr. Williams that Mr. Williams had to get the van out of there. Mr. Williams then
5

introduced himself as an attorney who represents a disability rights organization and told him that the ADA requires that they provide accessible parking. Mr. Harris replied that this was “the drop off area.” 11. Mr. Williams informed Mr. Marks that Mr. Williams needed to drive his own van out of Red Rocks because it was possible that he and his friends would leave the concert at different times, and therefore he needed the van parked where he could get to it and have room to let the lift down. 12. This drop-off rule is also unworkable because at the end of concerts, both lanes of the two-lane road leading to the backstage lot are opened for outgoing traffic, and thus persons who use wheelchairs must wait until all other concert-goers have left before they can leave. Further, Mr. Williams now has a van with special adaptations that is virtually impossible for other persons to drive, and thus Mr. Williams cannot be dropped off at the backstage lot. 13. Mr. Marks still refused to let Mr. Williams park there. Left with no other choice but to leave, Mr. Williams stated that either Red Rocks would allow him to park his van, or Mr. Williams would be forced to file an ADA claim against the City and County of Denver. 14. Mr. Marks radioed for yet another manager to “approve” Mr. Williams’s parking there. When Mr. Williams asked Mr. Marks how long it would take a supervisor to “approve” parking in the lot, Mr. Marks stated that he did not have a stopwatch. 15. Mr. Williams waited another five or more minutes for a manager by the name of Tad Bowman to arrive. Mr. Bowman stated that the area was for loading and unloading only, and that Mr. Williams could not park there. Once again, Mr. Williams explained that he had to park in the backstage lot. Finally, Mr. Bowman agreed to let Mr. Williams park there. A person believed to be Mr. Bowman also stated that the cars parked in the backstage lot belonged to Red Rock employees and caterers. 16. Mr. Williams and his friends finally arrived at their seats, and the concert began.
6

17. Mr. Williams regularly attends concerts. He would like to – and is ready, willing and able to – patronize Red Rocks if the discriminatory barriers are removed and the discriminatory attitudes end.
ALLEGATIONS CONCERNING PLAINTIFF CARRIE ANN LUCAS 1. Carrie Ann Lucas uses a power wheelchair and drives a van that has a lift in the middle of the passenger side. On or about August 21, 1999, she attended the Reggae on the Rocks concert at the Red Rocks Amphitheatre. She arrived at approximately 2:30 p.m. She was directed to park in the “Trading Post” parking lot. 2. When she arrived at the Trading Post parking lot, she found that there were no van accessible parking spaces. In addition, she was directed to park in an inaccessible space. Ultimately, she had to park along a curb in order to exit her van. 3. She rode an accessible shuttle to the backstage area to access her seats. 4. At or about 5:30 p.m., Ms. Lucas and a friend were talking near the restrooms when the driver of the accessible shuttle approached them and told them that the accessible shuttle would cease to run at 7:00 p.m. Because the concert would not be over at that time, Ms. Lucas was not prepared to leave at that time. 5. However, the path from the backstage area back to her van was too steep for her to negotiate in her wheelchair. As such, if she did not take the last shuttle, she faced being stranded. 6. Not wanting to leave the concert early, Ms. Lucas delayed her return to the concert by approximately 15 minutes to work with Red Rocks personnel to ensure that there would be an accessible shuttle when she left. 7. At or about 8:30, Ms. Lucas began to have trouble breathing. She discovered that she had left the medicine that she takes under such circumstances in her van. When she went to retrieve the medicine, however, she discovered that no accessible shuttle was running at that
7

time. An inaccessible shuttle was, however, running. If Ms. Lucas had not been disabled, she would have been able to return to her van and retrieve her medicine. Ultimately, she had to be treated by paramedics because she was unable to return to her van. She learned at that time that no accessible shuttle would be available until the end of the concert. 8. When the concert ended, the accessible shuttle was available. However, since it could only accommodate one wheelchair at a time, Ms. Lucas had to wait approximately 15 minutes while it transported another patron who used a wheelchair back to the parking lot. 9. Ms. Lucas regularly attends concerts. She would like to – and is ready, willing and able to – patronize Red Rocks if the discriminatory barriers are removed and the discriminatory attitudes end. 10. 11.
ALLEGATIONS CONCERNING PLAINTIFF KYLE STUBBS 1. Kyle Stubbs uses a power wheelchair and drives a van with a lift. He attended a concert at Red Rocks Amphitheater in 1994. 2. Mr. Stubbs had purchased seats in the wheelchair seating area at the front of the amphitheater. Initially he was told to park in an upper parking lot, but when he arrived at that lot, an attendant looked at his tickets and told him he had to park in a lower lot. 3. When he got to the lower lot, there were no van-accessible spaces. The parking attendant told him to park off to the side in a grassy area. Because there would have been no way for Mr. Stubbs to exit his van in the location that the attendant had told him to park, he got out of the van on the pavement and a friend parked his van. 4. Mr. Stubbs attempted to access the amphitheater. In order to get to the amphitheater, he had to go up a hill that was very steep and slippery (it had been raining). Mr. Stubbs had to have
8

a friend hold up the back of his wheelchair to keep him from tipping over. This was very unsafe and prevented Mr. Stubbs from independently accessing the amphitheater. 5. Since that time, Mr. Stubbs has not returned to Red Rocks. He would have liked to have attended concerts there in the past five years, but has been deterred from doing so by the lack of accessible parking. 6. Mr. Stubbs would like to – and is ready, willing and able to – patronize Red Rocks once accessible parking is provided. 7. 8.
ALLEGATIONS CONCERNING PLAINTIFF ROANNE KUENZLER 1. Roanne Kuenzler uses a manual wheelchair and drives a car with hand controls. 2. Ms. Kuenzler has attended at least ten concerts at Red Rocks Amphitheater in the last five years. 3. Each time Ms. Kuenzler has attended a concert at Red Rocks, she has purchased seats in the wheelchair seating area at the front of the amphitheater. Each time, she was dropped off in the backstage area by a friend. 4. She is unable to propel herself from the lower parking lots to the backstage area because it is too steep. 5. The refusal of Red Rocks to provide wheelchair-accessible parking in the backstage area has caused Ms. Kuenzler to limit the individuals with whom she can attend concerts. For example, because of the policy requiring someone else to park her car in a lot that is only accessible via a steep hill, she cannot attend a concert by herself or with friends who, because of their age or disability, cannot make the uphill trek to the amphitheater after parking her car.
9

6. On at least one occasion, Ms. Kuenzler’s companions were forced to leave the concert early so that they could get to her car and get back up the hill before they were blocked by the rush of cars going down the hill at the end of the concert. 7. 8. 9.
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 52 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, or from subjecting persons with disabilities to discrimination. 42 U.S.C. § 12132. 3. The City and County of Denver is a public entity covered by the ADA. 42 U.S.C. § 12131(1). 4. Defendant has violated the ADA by denying Plaintiffs and other persons who use wheelchairs the benefits of Red Rocks through, without limitation, failing to provide accessible parking facilities and services and failing to properly train Red Rocks employees. 5. Defendant’s violations of the ADA have harmed and continue to harm Plaintiffs. 6. Defendant and its employees, agents and representatives intentionally discriminated against the Plaintiffs and/or acted with deliberate indifference to the strong likelihood that its actions and policies would likely result in a violation of Plaintiffs’ federally protected rights.
SECOND CLAIM FOR RELIEF (Violation of Rehabilitation Act)
1. Plaintiffs reallege and incorporate by reference the allegations set forth in paragraphs 1 58 above as if fully set forth herein.
10

2. The Rehabilitation Act prohibits recipients of federal funding from denying, 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 the benefits of Red Rocks through, without limitation, failing to provide

accessible parking facilities and services and failing to properly train Red Rocks employees.

5. Defendant’s violations of the Rehabilitation Act have harmed and continue to harm

Plaintiffs.

6. Defendant and its employees, agents and representatives intentionally discriminated

against the Plaintiffs and/or acted with deliberate indifference to the strong likelihood that its

actions and policies would likely result in a violation of Plaintiffs’ federally protected rights.

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

Rehabilitation Act by providing accessible parking facilities and services, providing training to

its employees on access issues, and otherwise bringing its amphitheatre into compliance with the

ADA and Rehabilitation Act.

3. That this Court award reasonable attorneys’ fees and costs.

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

equitable.

Respectfully submitted,

FOX & ROBERTSON, P.C.

11

Address of Plaintiff Kevin W. Williams:
3425 S. Sherman Street, Unit 610 Englewood, Colorado 80110
Address of Plaintiff Carrie Lucas:
2901 York Street Denver, CO 80205
Address of Plaintiff Kyle Stubbs:
8261 Pecos Way Denver, CO 80221
Address of Plaintiff Roanne Kuenzler:
1863 Wazee Street, Unit 1F Denver, CO 80202

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

12

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 99-D-1193 KEVIN WILLIAMS, CARRIE ANN LUCAS, KYLE STUBBS & ROANNE KUENZLER,
Plaintiffs, v. THE CITY AND COUNTY OF DENVER, COLORADO,
Defendant, v. STAFF PRO, INC.,
Third Party Defendant.

CONSENT DECREE

1. Introduction

1.1

This Consent Decree is entered into by and between the City and

County of Denver (“Denver” or “the City”), on the one hand, and Kevin

Williams, Carrie Ann Lucas, Kyle Stubbs and Roanne Kuenzler (“Plaintiffs”), on

the other.

1.1

The City owns and operates the Red Rocks Amphitheatre and the

parking lots that serve Red Rocks Amphitheatre.

1.1

Plaintiffs are individuals with disabilities, as that term is defined in the

Americans with Disabilities Act, and all use wheelchairs for mobility. Plaintiffs

have patronized Red Rocks in the past and intend to do so in the future.

1.1

Plaintiffs have filed a lawsuit in the United States District Court for the

District of Colorado, Civil Action No. 99-D-1193 (the “Lawsuit”), in which they

allege that the City violated the Americans With Disabilities Act, 42 U.S.C.

§ 12101 et seq. and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§ 794, in its operation of Red Rocks.

1.1

The Parties now wish to effect a complete resolution and settlement of

all claims, disputes and controversies relating to the allegations made by Plaintiffs

in the Lawsuit.

1.1

This Decree and all Exhibits are binding on all successors and assigns

of the City as to Red Rocks. Counsel for Plaintiffs will be notified in writing of

the names, addresses and phone numbers of any such successors and assigns.

1.1

Except as otherwise specifically provided in this Consent Decree, the

management, control, and operation of Red Rocks remains entirely within the

discretion of the City.

1. No Admission of Liability

By agreeing to and voluntarily entering into this Consent Decree, there is no admission or concession by the City, express or implied, that it has in any way violated the Americans with Disabilities Act, 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 access for persons with disabilities to parking at Red Rocks. The City denies and continues to deny any and all liability to Plaintiffs for any such claims and for claims for monetary damages.

1. Definitions

In addition to the terms defined elsewhere in the Consent Decree, the following terms shall have the meanings set forth below. Any terms not defined herein shall have the meaning ascribed to them in the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A. Except where the following definitions are explicitly at variance with such Standards, the following definitions shall be construed consistently and in conjunction therewith.

1.1

“Access Aisle” shall refer to the aisle adjacent to an Accessible

Parking Space or Van Accessible Parking Space. Access Aisles adjacent to Non-

Convertible Parking Spaces will be striped. Access Aisles shall not be required to

be striped if they are adjacent to a Convertible Parking Space.

1.1

“Accessible Parking Space” means a parking space that is at least eight

feet wide and that is adjacent on either side to an Access Aisle that is at least five

feet wide.

1.1

“Accessible Seat” shall refer to any seat in Red Rocks Amphitheatre

that is designated for use or potential use by a person using a wheelchair.

2

1.1

“ADA” shall refer to Title II of the Americans with Disabilities Act,

42 U.S.C. § 12131 et seq. and its implementing regulations.

1.1

“Authorized Vehicle” shall refer to a vehicle bearing a currently-valid

license plate or hang tag issued by any State to the driver of or a passenger in the

vehicle that indicates that the vehicle is authorized to park in parking spaces

reserved for parking by persons with disabilities.

1.1

“Backstage Area” shall refer to the area between the lower level

entrance to the Red Rocks Amphitheatre and the staff parking lot commonly

referred to as the “backstage entry” and depicted on Exhibit J.

1.1

“Circle Lot” shall refer to the parking lot adjacent to the upper level

entrance to the Red Rocks Amphitheatre as depicted in Exhibit K.

1.1

“Consent Decree” shall refer to this document and the exhibits

attached to this document.

1.1

“Convertible Parking Space” shall have the meaning set forth in

Paragraph 7.5 below.

1.1

“Dispute Resolution” refers to the process described in Paragraph 16

hereof.

1.1

“Event” shall refer to a contracted performance or occurrence which is

open to the public and scheduled to occur in the Red Rocks Amphitheatre. It shall

not include Private Events.

1.1

“Event Period” shall refer to that period of time beginning two hours

before the Event Start Time or one-half hour before Event Staff begin collecting

tickets, whichever is earlier, and ending at the time when all members of the

public who use mobility devices have left Red Rocks Amphitheatre.

1.1

“Event Staff” shall refer to individuals who work at an Event at Red

Rocks and shall include both employees and agents of the City and employees

and agents of independent contractors retained by the City who provide Event-

related services.

1.1

“Event Start Time” shall refer to the time at which an Event is

scheduled to begin in the Red Rocks Amphitheatre.

1.1

“Mobility Impairment” shall refer to an impairment of an individual’s

ability to walk.

3

1.1

“Non-Event Period” shall refer to all times other than Event Periods.

1.1

“Non-Convertible Parking Space” shall have the meaning set forth in

Paragraph 7.4 below.

1.1

“Private Event” shall refer to any event occurring in the Red Rocks

Amphitheatre that is not open to the public. For the purposes of this Consent

Decree, graduations will be considered Private Events.

1.1

“Red Rocks Advertising” shall refer to any promotion in any medium

of Events at Red Rocks Amphitheatre, when such advertising is placed and

controlled by the City.

1.1

“Red Rocks Amphitheatre” shall refer to the amphitheater at Red

Rocks, the restrooms that are adjacent to the amphitheater, and the Backstage

Area. It does not include the Trading Post lot, any buildings adjacent thereto or

any other parking lots.

1.1

“Restricted Status” shall refer, with respect to a Convertible Parking

Space, to the status of being restricted to use by Authorized Vehicles.

1.1

“Trading Post Lot” shall refer to the parking lot adjacent to the

Trading Post as depicted in Exhibit J.

1.1

“Unauthorized Vehicle” shall refer to any vehicle other than an

Authorized Vehicle, including but not limited to vehicles lacking appropriate

license plates or hang-tags and vehicles with expired license plates or hang-tags

purporting to designate the vehicle as an Authorized Vehicle.

1.1

“Unrestricted Status” shall refer, with respect to a Convertible Parking

Space, to the status of being available for use by Authorized Vehicles or

Unauthorized Vehicles.

1.1

“Van Accessible Parking Space” means a parking space that is at least

eight feet wide and that is adjacent on either side to an Access Aisle that is at least

eight feet wide.

1. Conditions Precedent

This Consent Decree shall be conditioned upon and shall be effective only upon signature and approval by a United States District Judge. Such event shall be referred to herein as “Approval.”

1. Term of Consent Decree

4

Except as otherwise set forth in this Consent Decree, the term of this Consent Decree shall be until December 31, 2004.

1. Shuttle System

1.1

The City agrees that, beginning no more than fifteen (15) days

following Approval of this Consent Decree, there will be a system of wheelchair-

accessible shuttle buses at Red Rocks that will travel exclusively between the

Backstage Area and the Trading Post Lot. The wheelchair-accessible shuttles will

transport passengers who use mobility devices and, once all such passengers

waiting to be transported have boarded, any passengers not using mobility devices

up to the capacity of the vehicle.

1.1

During the period beginning at the start of the Event Period until one-

half hour after the Event Start Time and during the period beginning at the end of

the Event until the last patron who uses a mobility device has departed the Red

Rocks Amphitheatre, the City will provide shuttle buses in sufficient number and

capacity so that there is at least one (1) space for wheelchairs on the shuttle buses

for every two and a half (2.5) Accessible Seats sold for the front row for Event in

question.

1.1

At all times during an Event, the City will ensure that there are at least

two (2) shuttle buses in operation. Between the time one-half hour after the Event

Start Time and completion of the performance and when not in transit, one shuttle

bus will remain in the Backstage Area and the other at the Trading Post Lot.

1.1

The City agrees that Event Staff will assist in directing and stopping

traffic on the road between the Backstage Area and the Trading Post Lot as

necessary to ensure passage of the shuttle buses without unreasonable delay.

1. Accessible and Van Accessible Parking Spaces

1.1

The City agrees that, within fifteen (15) days of Approval of this

Consent Decree, it will provide, in the Trading Post Lot, twenty (20) Accessible

Parking Spaces and ten (10) Van Accessible Parking Spaces, as depicted in

Exhibit J.

1.1

The City agrees that, within fifteen (15) days of Approval of this

Consent Decree, it will provide, in the Circle Lot, fifteen (15) Accessible Parking

Spaces and eight (8) Van Accessible Parking Spaces, as depicted in Exhibit K.

5

1.1

The parking spaces referred to in Paragraphs 7.1 and 7.2 above will be

designated with permanent paint on the pavement of the Trading Post Lot and

Circle Lot in the dimensions set forth in Paragraph 3.2 and 3.25 of this Consent

Decree.

1.1

Five (5) of the Van Accessible Parking Spaces referred to in Paragraph

7.1 above and three (3) of the Van Accessible Parking Spaces referred to in

Paragraph 7.2 above will be indicated at all times by a sign in substantially the

form of Exhibit A hereto. The parking spaces covered by this Paragraph 7.4 will

be referred to as “Non-Convertible Parking Spaces.”

1.1

The remainder of the Accessible Parking Spaces and Van Accessible

Parking Spaces referred to in Paragraphs 7.1 and 7.2 other than those covered by

Paragraph 7.4 will be indicated by a signage system that permits a sign in

substantially the form of Exhibit A hereto (in the case of Van Accessible Parking

Spaces) or Exhibit B (in the case of Accessible Parking Spaces) to alternate with a

sign in substantially the form of Exhibit C hereto. The parking spaces covered by

this Paragraph 7.5 will be referred to as “Convertible Parking Spaces.”

1.1

All Access Aisles adjacent to Accessible Parking Spaces and Van

Accessible Parking Spaces will be indicated by a sign in substantially the form of

Exhibit L hereto. At those Access Aisles bounded on both sides by Convertible

Parking Spaces, the sign required by this Paragraph 7.6 may alternate with a blank

sign.

1.1

During Non-Event Periods, the City may convert the Convertible

Parking Spaces in the Trading Post Lot and the Circle Lot to Unrestricted Status.

During such times, the Convertible Parking Spaces may be indicated by that part

of the sign that is substantially in the form of Exhibit C and at those Access Aisles

bounded on both sides by Convertible Parking Spaces, the sign required by this

Paragraph 7.6 may be covered by a blank sign.

1.1

By the beginning of each Event Period, all Convertible Parking Spaces

will be in Restricted Status and will be indicated by that part of the sign that is

substantially in the form of Exhibit A or B, in the case of Van Accessible Parking

Spaces and Accessible Parking Spaces, respectively. Those Access Aisles

bounded on both sides by Convertible Parking Spaces will be indicated by the

sign that is substantially in the form of Exhibit L.

1.1

By the beginning of each Event Period, Event Staff shall place a traffic

cone at the entrance to each Access Aisle that is adjacent to a Van Accessible

Parking Space.

6

1.1

At the Event Start Time for any Event, unoccupied Convertible

Parking Spaces may be converted to Unrestricted Status provided that at least five

(5) unoccupied Van Accessible Parking Spaces in the Trading Post Lot and five

(5) unoccupied Van Accessible Parking Spaces in the Circle Lot remain in

Restricted Status and continue to be indicated by a sign that is substantially in the

form of Exhibit A or B, in the case of Van Accessible Parking Spaces and

Accessible Parking Spaces, respectively. Any Access Aisle that is bounded on

either side by an Accessible Parking Space or Van Accessible Parking Space that

remains in Restricted Status will continue to be indicated by a sign in

substantially the form of Exhibit L hereto.

1.1

For any Event at which over thirty (30) Accessible Seats were sold in

the front row area of the Amphitheater, by the beginning of the Event Period, the

City will designate – through the use of temporary signage in substantially the

form of Exhibit B hereto – an additional Accessible Parking Space in the Trading

Post Lot for every Accessible Seat over thirty (30) sold in the front row area for

that Event.

1.1

For any Event at which over twenty (20) Accessible Seats were sold in

the back row area of the Amphitheater, by the beginning of the Event Period, the

City will designate – through the use of temporary signage in substantially the

form of Exhibit B hereto – an additional Accessible Parking Space in the Circle

Lot for every Accessible Seat over twenty (20) sold in the back row area for that

Event.

1.1

During Events that extend over a period of more than five hours

(performance time), Event Staff will monitor usage of the Accessible Parking

Spaces and Van Accessible Parking Spaces in the Trading Post Lot and the Circle

Lot and will ensure that the number of Accessible Parking Spaces and Van

Accessible Parking Spaces that are (1) occupied by Authorized Vehicles; and (2)

are unoccupied and in Restricted Status does not fall below the total number of

Accessible Seats sold for the Event in question. If the number of Accessible

Parking Spaces and Van Accessible Parking Spaces that are occupied by

Authorized Vehicles and unoccupied and in Restricted Status falls below the total

number of Accessible Seats sold for the Event in question, unoccupied spaces that

had been converted to Unrestricted Status pursuant to Paragraph 7.8 shall be re-

converted to Restricted Status until the number required by this Paragraph 7.13 is

attained.

1.1

At each of the Trading Post Lot and the Circle Lot, one member of the

Event Staff will be assigned the task of monitoring the use of Accessible Parking

Spaces and Van Accessible Parking Spaces during Event Periods at Red Rocks.

This Event Staff member will be responsible for the following tasks:

7

1.1.1 1.1.1
1.1.1 1.1 1.1.1 1.1.1 1.1

Observing the usage of the Accessible Parking Spaces and Van Accessible Parking Spaces and the license plates and hang tags of vehicles attempting to park in such spaces;
Informing any driver who parks or attempts to park an unauthorized vehicle in an Accessible Parking Space or Van Accessible Parking Space that he or she is not permitted to park in that space and that he or she must immediately move the vehicle to a parking space that is neither an Accessible Parking Space nor a Van Accessible Parking Space; and
Informing any driver who parks or attempts to park any vehicle in an Access Aisle that he or she is not permitted to park in the Access Aisle and that he or she must immediately move the vehicle to an appropriate parking space.
Under the following circumstances, an Event Staff member will promptly contact a parking control officer for ticketing of the vehicle in question:
An Unauthorized Vehicle is parked in an Accessible Parking Space or a Van Accessible Parking Space indicated by the sign substantially in the form of Exhibit A or B; or
Any vehicle is parked in the Access Aisle of an Accessible Parking Space or a Van Accessible Parking Space.
The City agrees to maintain the Accessible Parking Spaces, Van Accessible Parking Spaces and signage as required by this Paragraph, subject to any adjustments made pursuant to the Review described in Paragraph 14 below.

1. Drop-off System

Non-staff vehicles shall continue to be permitted to drive into the Backstage Area for the purpose of dropping off or picking up a person with a Mobility Impairment.

1. Policies, Procedures and Training

1.1

The City will develop policies and procedures designed to implement

this Consent Decree and provide an enjoyable experience for Red Rocks patrons

who use wheelchairs.

1.1

The City and/or its contractors will train Event Staff and other

personnel with duties related to Events at Red Rocks in the policies and

8

procedures necessary to implement this Consent Decree and provide an enjoyable experience for Red Rocks patrons who use wheelchairs.

1.1

The policies, procedures and training developed pursuant to this

Paragraph will include but not necessarily be limited to the following subjects:

1.1.1

Treating people with disabilities with courtesy and respect;

1.1.1

How to explain and administer the parking and shuttle system required by this Consent Decree, including but not limited to Accessible Parking Spaces and Van Accessible Parking Spaces, the shuttle system and the drop-off system;

1.1.1

The steps to be taken to ensure quick passage of the shuttle buses referred to in Paragraph 6 hereof;

1.1.1

The procedure for arranging for a shuttle bus to pick up a person using a wheelchair during an Event;

1.1.1

The procedure for converting Convertible Parking Spaces between Restricted and Unrestricted Status as provided in Paragraphs 7.7 through 7.13 hereof.

1.1.1

The procedure for monitoring use of the Accessible Parking Spaces and Van Accessible Parking Spaces pursuant to Paragraphs 7.12 and 7.13 hereof, including the procedure for ticketing vehicles pursuant to that Paragraph; and

1.1.1

How to fill out the forms required by Paragraph 13.4 hereof.

1. Information and Advertising

1.1

The City agrees that, when it communicates information, orally or in

writing, to private parties concerning the use of Red Rocks Amphitheatre for

Private Events, it will inform such private parties of the availability of all of the

Accessible Parking Spaces and Van Accessible Parking Spaces required by

Paragraphs 7.1 and 7.2 hereof.

1.1

The City agrees to prepare a brochure explaining the parking and

shuttle system required by this Consent Decree, noting the improvement in

accessible parking and encouraging persons with disabilities to patronize Red

Rocks. The brochure will indicate that patrons are welcome to submit any

comments or complaints to the phone number and e-mail address referred to in

9

1.1 1.1.1 1.1.1
1.1.1
1.1.1
1.1.1
1.1.1 1.1.1 1.1.1

Paragraph 13.2 below. The brochure will be substantially in the form of Exhibit M hereto.
During the pendency of this Consent Decree, the City will be responsible for distributing the brochure as follows:
The City will mail or hand deliver, at its own expense, ten copies of this brochure to each of the entities in Exhibit D hereto.
At each Event during the term of this Consent Decree, Event Staff will hand a copy of the brochure to each individual who inquires concerning parking or other access for persons with disabilities.
At each Event during the term of this Consent Decree, the Event Staff member referred to in Paragraph 7.14 will, to the best of his or her ability, hand copies of the brochure to all patrons who use mobility devices who park in the Trading Post lot.
At each Event during the term of this Consent Decree, all drivers of the shuttle buses referred to in Paragraph 6.1 will, to the best of their ability, hand copies of the brochure to all patrons who ride on such shuttle buses.
Copies of the brochure will be made available at concession stands at the Red Rocks Amphitheatre and – if the proposed upper level construction is carried out – in any retail area below the upper level entrance.
Copies of the brochure will be available wherever the City makes other literature or brochures about Red Rocks Amphitheatre available to the public.
Copies of the brochure will be available at the office of the Mayor’s Commission for Persons with Disabilities.
The City will request that a copy of the brochure be provided to each individual who purchases a ticket for an Accessible Seat, including but not limited to those who receive their tickets from Ticketmaster, Tickets.com or any other entity that sells tickets to Red Rocks, whether the ticket is provided in person or by mail. The City will send to any ticket service that sells tickets for Events at Red Rocks a sufficient number of copies of the brochure to permit such service to carry out the intent of this Paragraph.
10

1.1.1

The City agrees that if, in the future, it sells tickets to Events at Red Rocks, it will provide a copy of the brochure to each individual who purchases a ticket for an Accessible Seat, whether the ticket is provided in person or by mail.

1.1.1

The City agrees that it will distribute a copy of the brochure to each patron who picks up a ticket for an Accessible Seat at the “will-call” location on the grounds of Red Rocks.

1.1

The City agrees to post the information in the brochure referred to in

Paragraph 10.1 hereof on any Internet site maintained by the City that includes

information relating to Red Rocks. The City further agrees to provide a hypertext

link to such information on the first and/or most prominent page in the

RedRocksOnline.com Internet site or any other Internet site that is devoted to Red

Rocks, the content of which is controlled by the City.

1.1

The City agrees to include, in any Red Rocks Advertising in print or

on the Internet in which the City participates or to which it contributes either

funding or information and on any Internet site maintained by the City, wording

specifically encouraging people who use wheelchairs to patronize Red Rocks in

light of improved access to parking and providing a contact phone number for

additional information on this subject.

1.1

The City agrees to include, in any Red Rocks Advertising on the radio

that occurs during the month of May, 2001, a single sentence encouraging persons

with disabilities to patronize Red Rocks in light of its improved access.

1.1

The City agrees to post signage on all roads by which the public

accesses Red Rocks in substantially the form of and at the locations depicted in

Exhibit E hereto, subject to any applicable sign codes or other legal restrictions.

1. Confidentiality and publicity

1.1

No part of this Consent Decree or its Exhibits shall be confidential.

1.1

Within one week following Approval of this Consent Decree,

Plaintiffs and the City will jointly issue a press release in substantially the form of

Exhibit F hereto.

1.1

The parties agree to convene a press conference at or about the time

the press release referred to in Paragraph 11.2 is issued. The purpose of the press

conference will be to promote the increased accessibility of Red Rocks and to

encourage persons with disabilities to patronize that venue.

11

1. Verification and monitoring

1.1

The City agrees to retain the Colorado Cross Disability Coalition

(“CCDC”) to verify and monitor the City’s compliance with this Consent Decree.

1.1
1.1 1.1.1 1.1.1 1.1.1
1.1.1 1.1.1 1.1.1 1.1.1 1.1.1

Within thirty (30) days of Approval of this Consent Decree, the City will enter into a contract with CCDC in substantially the form of Exhibit G hereto under which CCDC will verify and monitor compliance with this Consent Decree and be reimbursed for the time spent by its staff members at the rate of $50 per hour.
Pursuant to this Consent Decree and its contract with the City, CCDC will undertake and be paid to perform the following activities:
Review the usability, safety and securement systems of any shuttles selected to be used by the City to satisfy its obligation under Paragraph 6 above.
Verify that the shuttle system operates in compliance with Paragraph 6 hereof.
Verify that the Accessible Parking Spaces and Van Accessible Parking Spaces have been and remain painted as required by Paragraph 7 and that usage of these spaces is monitored as required by Paragraphs 7.14 and 7.15 .
Verify that the drop-off system described in Paragraph 8 is usable without unreasonable difficulty or delay.
Review all policies and procedures, training, and information developed pursuant to Paragraphs 9 and 10 above.
Verify that the signage in the Trading Post Lot and Circle Lot complies with Paragraph 7.
Verify that the signage required by Paragraph 10.7 has been erected and complies with this Consent Decree.
Conduct unannounced visits to Red Rocks during Events to monitor the implementation of the Consent Decree as a whole. CCDC staff will make two such visits each month during the 2000 and 2001 concert seasons and one such visit per month during the 2002 season.

12

1.1.1

Report to Plaintiffs and the City once each month during the 2000, 2001 and 2002 concert seasons concerning the City’s compliance with this Consent Decree.

1.1.1

Work with Frank Nelson or any other City designee as requested by Mr. Nelson or such designee on the City’s monitoring of its compliance with this Consent Decree and review information provided pursuant to Paragraph 14.3 below.

1.1.1

If Plaintiffs and the City agree, work with Plaintiffs and the City to resolve any alleged failures of compliance.

1.1.1

Reinspect and monitor any elements corrected pursuant to Dispute Resolution, as necessary.

1.1.1

Perform reasonable preparatory and other administrative work necessary to carry out the duties described in this Paragraph 12.3.

1.1

In order to facilitate CCDC’s duties under Paragraph 12.3, the City

will provide CCDC with a pass granting access to the parking and shuttle areas of

Red Rocks.

1.1

The City agrees to monitor its own compliance with this Consent

Decree. Any information gathered by the City in monitoring its own compliance

will be provided to Plaintiffs and CCDC by the fifteenth (15th) day of the month

following the month in which the information was gathered.

1.1

In the event that a CCDC staff person believes he or she has

encountered a violation of this Consent Decree, CCDC may report the violation to

Plaintiffs who may submit the matter to dispute resolution pursuant to Paragraph

16 below.

1. Data Gathering

1.1

During the years 2000, 2001 and 2002, the City will gather and retain

the following information:

1.1.1

Samples of all advertising done and information provided by the City pursuant to Paragraph 10 above;

1.1.1

The number of Accessible Seats that were sold for each Event;

13

1.1.1 1.1.1 1.1.1 1.1.1
1.1 1.1.1 1.1.1 1.1.1 1.1 1.1

The number and capacity of all shuttle buses that were in use for each Event;
The number of Convertible Parking Spaces that were converted for use by Unauthorized Vehicles at the Event Start Time of each Event;
The number of persons with Mobility Impairments who had difficulty finding Accessible Parking Spaces or Van Accessible Parking Spaces at each Event; and
Any and all written communications from any source, including but not limited to persons who use wheelchairs, relating to parking for such persons or to the shuttle buses at Red Rocks. Oral communications relating to parking for persons who use mobility devices or to the shuttle buses at Red Rocks will be noted, retained and reported whenever practical.
During the pendency of this Consent Decree, the City will designate a phone number and an e-mail address for the receipt of comments and complaints related to the subject matters of this Consent Decree.
The phone receiving calls on this phone number will be answered during regular business hours and will have a voice-mail recording available during other times and during times when the number is already in use.
All calls and messages received on this phone number that relate to access for persons who use mobility devices at Red Rocks as well as the City’s response thereto will be logged using the form in Exhibit H hereto.
The e-mail address designated by the City will be monitored at least once each business day.
The City will retain copies of all correspondence, whether by e-mail, facsimile or ordinary mail, that relates to the subject matter of this Consent Decree as well as the City’s response thereto.
In order to gather the information referred to in Paragraph 13.1.4 above, the City will require a designated member of the Event Staff at each of the Trading Post Lot and the Circle Lot for each Event during the years 2000, 2001 and 2002 to fill out a form substantially in the form of Exhibit I hereto.
14

1. Review

1.1

The parties agree to review the provisions of Paragraphs 6 and 7 of

this Consent Decree at the end of the 2002 concert season in order to ascertain

whether there is a need to adjust the requirements of those provisions to better or

more efficiently serve the actual number of persons who use wheelchairs who

patronize Red Rocks. This process will be referred to herein as the “Review.”

1.1

The parties agree that, following the Review, the following will still

apply:

1.1.1

A minimum of five (5) unoccupied Accessible Parking Spaces and/or Van Accessible Parking Spaces will remain in Restricted Status after Event Start Times pursuant to Paragraph 7.8;

1.1.1

There will be a minimum of twenty (20) Accessible Parking Spaces and Van Accessible Parking Spaces in the Trading Post lot;

1.1.1

There will be a minimum of fifteen (15) Accessible Parking Spaces and Van Accessible Parking Spaces in the Circle lot;

1.1.1

The ratio of spaces for wheelchairs on the shuttle buses to Accessible Seats sold for the Event in question, as provided in Paragraph 6.2 above, will not fall below one to three and a half (1:3.5); and

1.1.1

There will be no fewer than two (2) accessible shuttle buses in use at each Event.

1.1

The City will provide the information required by Paragraph 13 above

to Plaintiffs for each month by the 15th day of the following month from the date

of Approval of this Consent Decree through the month of September 2002. The

information to be provided pursuant to this Paragraph shall include at least:

1.1.1

Samples of all advertising done and information provided by the City pursuant to Paragraph 10 above and a list of the media in which it was published and the entities and locations to which it was distributed;

1.1.1

Copies of all information developed or received by the City relating to the number and capacity of all shuttle buses that were in use for each Event;

15

1.1.1

Copies of all information developed or received by the City relating to the number of Accessible Seats sold for each Event;

1.1.1

Copies of all information developed or received by the City relating to the number of Convertible Parking Spaces that were converted for use by Unauthorized Vehicles at the Event Start Time of each Event;

1.1.1

Copies of the forms referred to in Paragraphs 13.4 above;

1.1.1

Copies of all communications and logs referred to in Paragraph 13 above.

1.1.1

Any compilations prepared by the City of the information for any prior period that were prepared during the previous month.

1.1

On or before November 1, 2002, each party will provide the other with

a description of any adjustments it proposes in the requirements of Paragraph 6 or

7 of this Consent Decree. This description will include an explanation for the

basis for the proposed adjustments.

1.1

In the document in which the City makes the transmittal referred to in

Paragraph 14.4 hereof, it will represent to Plaintiffs whether any attorney acting

as counsel for the City was involved in the preparation of, rendered advice in

connection with or reviewed the proposed adjustments. If the City represents that

an attorney has been so involved, Plaintiffs will be entitled to reimbursement for

any attorneys’ fees he incurs in connection with the preparation of his proposal

pursuant to this Paragraph and in connection with his evaluation of the proposed

adjustments. Any attorneys’ fees for such consultation will be payable by the

City in accordance with Paragraph 18 below.

1.1

If either party disagrees with the other party’s proposal, it may submit

the matter to Dispute Resolution pursuant to Paragraph 16 below.

1. Liquidated Damages

1.1

Starting on January 1, 2003, the City will pay to CCDC the sum of

$500 for each violation of this Consent Decree that occurs after that date. The

City will pay such liquidated damages within thirty (30) days of notice to the City

of such violation by sending a check in the amount of $500 to CCDC at 655

Broadway, Suite 775, Denver, CO 80203.

16

1.1

If the City disagrees with any notice it receives pursuant to this

Paragraph, it may submit the matter to Dispute Resolution pursuant to Paragraph

16.

1. Dispute Resolution

1.1

Any dispute that arises between Plaintiffs and the City shall be

handled pursuant to this Paragraph.

1.1

Informal dispute resolution

1.1.1

If at any time either party (“Complainant”) believes that the other party (“Respondent”) has not complied with any provision of this Consent Decree or disagrees with a position taken by the other party with respect to the interpretation of this Consent Decree such that an actual controversy exists regarding an action taken or expected to be taken or a failure to act by the other party, the Complainant will notify the Respondent describing the alleged non-compliance or disagreement. The Respondent shall respond in writing to such notice within fifteen (15) business days of receipt of the notice.

1.1.1

Within fifteen (15) business days of receipt by the Complainant of the Respondent’s response to any notice provided pursuant to Paragraph 16.2.1, Complainant and Respondent will meet and confer by telephone or in person and attempt to resolve the issue informally.

1.1.1

If, after compliance with Paragraphs 16.2.1 and 16.2.2, either party believes that a dispute still exists, that party shall have the right to submit the matter to the United States District Judge assigned to the case for resolution pursuant to Paragraph 16.3 below.

1.1.1

If any attorney acting as counsel for the City renders advice in connection with or communicates on behalf of the City in connection with any informal dispute resolution under this Paragraph 16.2, Plaintiffs will be entitled to consult an attorney in connection with such informal dispute resolution and the attorneys’ fees for such consultation will be payable by the City in accordance with Paragraph 18 below.

1.1.1

Copies of any communications provided pursuant to this Paragraph shall be sent to all parties and their attorneys.

1.1

Submission to the Court

17

1.1.1 1.1.1

If dispute resolution pursuant to Paragraph 16.2 above does not result in a resolution of the dispute within fifteen (15) days of any meet and confer, either party may make a motion for resolution of the dispute by the United States District Judge assigned to the case.
In the event either party finds that it is necessary to seek resolution of the dispute by the Court, the Court shall award reasonable attorneys’ fees and costs incurred in pursuing dispute resolution as set forth in this Paragraph 16.3 of the Consent Decree in accordance with the prevailing party standards under the ADA.

1. Attorneys’ Fees Through Approval of this Consent Decree

Within sixty (60) days of Approval of this Consent Decree, the City agrees to pay to Plaintiffs’ reasonable attorneys’ fees in the amount of $50,000 by sending a check in that amount made out to Fox & Robertson, P.C. to the address in Paragraph 22 hereof. This amount represents payment of Plaintiffs’ attorneys’ fees and costs through the date of Approval of this Consent Decree. It does not include any amounts due pursuant to Paragraphs 14 or 16 hereof.

1. Attorneys’ Fees and Costs after Final Approval

1.1

The City shall pay Plaintiffs’ reasonable attorneys’ fees and costs

incurred in connection with the Review as provided in Paragraph 14 above and in

connection with Dispute Resolution as provided in Paragraph 16 above.

1.1

Semi-annually during the term of this Decree, beginning six months

after Approval, counsel for Plaintiffs shall submit to the City a statement of

reasonable attorneys’ fees and costs incurred during the previous six months

pursuant to this Paragraph. This submission shall include a statement of the work

performed, the persons performing the work, the hourly rate of each such person

and a description of the particular costs and expenses.

1.1

If the City disagrees with any of the amounts set forth in the statement

called for by Paragraph 18.2 above, it may submit the matter to Dispute

Resolution pursuant to Paragraph 16 above.

1.1

The City shall pay counsel for Plaintiffs all reasonable attorneys’ fees

and costs claimed pursuant to Paragraph 18 within sixty (60) days of the City’s

receipt of counsel’s submission or, if disputed pursuant to Paragraph 18.3, within

sixty (60) days of resolution of any such dispute.

18

1. Releases

1.1

Effective on the date of Approval of this Consent Decree, Plaintiffs, on

behalf of themselves and their executors, successors, heirs, assigns, agents and

representatives, in consideration of the relief set forth herein, the sufficiency of

which is expressly acknowledged, unconditionally and forever do fully and finally

release, acquit and discharge the City, its employees and agents from any and all

past or present claims, rights, demands, charges, complaints, actions, causes of

action, and liabilities of any kind, including any and all such past or present

claims for injunctive relief, declaratory relief, fees or damages that are based upon

the ADA and Section 504 of the Rehabilitation Act that relate in any way to the

accessibility of Red Rocks for persons with Mobility Impairments.

1.1

Effective on the date of Approval of this Consent Decree, the City, on

behalf of itself and its successors, assigns, agents and representatives, in

consideration of the relief set forth herein, the sufficiency of which is expressly

acknowledged, unconditionally and forever does fully and finally release, acquit

and discharge Plaintiffs from any and all past or present claims, rights, demands,

charges, complaints, actions, causes of action, and liabilities of any kind,

including any and all such past or present claims for injunctive relief, declaratory

relief, fees or damages that are based upon the ADA and Section 504 of the

Rehabilitation Act that relate in any way to the accessibility of Red Rocks for

persons with Mobility Impairments.

1.1

Nothing in this Paragraph 18 shall release claims relating to breach of

or non-compliance with this Consent Decree;

1.1

Nothing in this Paragraph 18 shall release claims for any violations

occurring after the time of Approval of this Consent Decree.

1. Terms of Exhibits Incorporated into Decree

The terms of all exhibits attached hereto are fully incorporated into this Consent Decree and are an integral part thereof. The terms of this Consent Decree, where applicable, are fully incorporated into all Exhibits and are, where applicable, an integral part thereof.

1. Entire Agreement

This Consent Decree contains all the agreements, conditions, promises and covenants between the City and Plaintiffs regarding matters set forth in it and supersedes all prior or contemporaneous agreements, drafts, representations or understandings, either written or oral, with respect to the subject matter of the present Consent Decree.

19

1. Communications to Plaintiffs and The City
All notices or communications required by this Consent Decree shall be in writing by facsimile and U.S. Mail or overnight delivery service addressed as follows (data, reports, and information required to be provided pursuant to Paragraphs 12, 13, and 14 may be transmitted by U.S. Mail or hand delivered):

1.1

To Plaintiffs:

Timothy P. Fox, Esq. Fox & Robertson, P.C. 910 - 16th Street Suite 610 Denver, CO 80202

1.1

To The City

Steven J. Coon, Esq. Assistant City Attorney 353 City and County Building 1437 Bannock Street Denver, CO 80202

1. Modification

No modification of this Consent Decree shall be effective unless it is pursuant to Court Order.

1. Severability

If any such provision or any part of this Consent Decree thereof shall at any time be held unlawful, or inconsistent with applicable law, in whole or in part, under any federal, state, county, municipal or other law, ruling or regulation, then the remaining provisions of this Consent Decree shall remain effective and enforceable.

1. Execution in Counterparts

This Consent Decree may be signed in counterpart and shall be binding and effective immediately upon the execution by all Parties of one or more counterparts. Each Party and his/its counsel shall sign three copies of this document and each such copy shall be considered an original.

1. Duty to Support and Defend Decree

20

The Parties each agree to abide by all of the terms of this Consent Decree in good faith and to support it fully, and shall defend this Consent Decree from any legal challenge, whether by appeal or collateral attack.
21

Respectfully submitted, Kevin W. Williams
Date:
Carrie Ann Lucas
Date: Kyle Stubbs
Date: Roanne Kuenzler
Date:
APPROVED AS TO FORM: FOX & ROBERTSON, P.C.
By: Timothy P. Fox 910 - 16th Street Suite 610 Denver, CO 80202
Counsel for Plaintiffs Kevin W. Williams, Carrie Ann Lucas, Kyle Stubbs and Roanne Kuenzler

The City and County of Denver By: Its Date: APPROVED AS TO FORM:
J. WALLACE WORTHAM, JR. City Attorney
NORMAN R. BANGEMAN Assistant City Attorney STEVEN J. COON Assistant City Attorney
By: Steven J. Coon, Esq. Assistant City Attorney 1437 Bannock Street, Room 353 Denver, CO 80202
Counsel for Defendant the City and County of Denver

22

IT IS SO ORDERED

Dated:

, 2000

BY THE COURT:
Wiley Y. Daniel United States District Judge

23

 
 Case: 1:99-cv-01193-WYD As of: 06/08/2010 12:33 PM MDT 1 of 10
SuppressAnsRpt, TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:99−cv−01193−WYD

Williams, et al v. Denver, Cty &Cty of, et al Assigned to: Chief Judge Wiley Y. Daniel Demand: $0 Cause: 42:12101 Americans With Disabilities Act (ADA)
Plaintiff

Date Filed: 06/24/1999 Date Terminated: 10/06/2000 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Kevin Williams TERMINATED: 05/21/2003

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 TERMINATED: 05/21/2003 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 TERMINATED: 05/21/2003 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 TERMINATED: 05/21/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Carrie Ann Lucas

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

Kevin William Williams Colorado Cross−Disability Coalition 655 Broadway #775 Denver, CO 80203 303−839−1775 Fax: 303−839−1782 Email: kwilliams@ccdconline.org LEAD ATTORNEY

Case: 1:99-cv-01193-WYD As of: 06/08/2010 12:33 PM MDT 2 of 10

ATTORNEY TO BE NOTICED

Plaintiff Kyle Stubbs

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

Kevin William Williams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Roanne Kuenzler

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

Kevin William Williams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Denver, City and County of Colorado
Defendant Michael Reichert TERMINATED: 03/02/2000 ThirdParty Plaintiff Denver, City and County of TERMINATED: 07/14/2000

represented by Norman Ray Bangeman Denver City Attorney's Office−West Colfax Avenue 201 West Colfax Avenue Denver, CO 80202−5332 720−913−3258 Fax: 720−913−3183 Email: norman.bangeman@ci.denver.co.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Norman Ray Bangeman (See above for address) TERMINATED: 07/14/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
ThirdParty Defendant
Staffpro Security, Inc. a California corporation TERMINATED: 11/23/1999
ThirdParty Defendant
Staff Pro, Inc. a California corporation

represented by Edwin R. Smalley Edwin R. Smalley, Attorney at Law

Case: 1:99-cv-01193-WYD As of: 06/08/2010 12:33 PM MDT 3 of 10

TERMINATED: 07/14/2000 also known as Staffpro Security, Inc.

445 Union Boulevard #100A Lakewood, CO 80228 303−988−7217 Fax: 303−980−7928 Email: ESma106093@aol.com TERMINATED: 07/14/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joel Bray Schaefer Joel B. Schaeffer, Esq. 143 Union Boulevard #900 Lakewood, CO 80228 303−988−4893 Fax: TERMINATED: 07/14/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/24/1999 06/24/1999 06/30/1999
06/30/1999
07/14/1999 07/15/1999
07/15/1999
07/16/1999
07/16/1999 08/04/1999 08/04/1999 08/04/1999 08/10/1999

# Docket Text
1 COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 06/25/1999)
FILING FEE PAID on 6/24/99 in the amount of $ 150.00, receipt # 206864. (former empl) (Entered: 06/25/1999)
2 RETURN OF SERVICE of Summons and Complaint upon / by Wellington Webb for defendant Denver, Cty &Cty of on 6/25/99 by leaving with Jeanette Arkadie, personally (former empl) (Entered: 07/02/1999)
3 RETURN OF SERVICE of Summons and Complaint upon / by defendant Denver, Cty &Cty of on 6/25/99 leaving with Dian Osness, personally as Receptionist for Dan Muse, City Atty (former empl) (Entered: 07/02/1999)
4 Ex Parte MOTION by defendant Denver, Cty &Cty of to extend time to answer to 8/4/99 and certificate of compliance (lam) (Entered: 07/15/1999)
5 MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to extend time to answer to 8/4/99 [4−1] (cc: all counsel) ; entry date : 7/16/99 (lam) (Entered: 07/16/1999)
6 AMENDED MOTION by defendant Denver, Cty &Cty of to extend time to answer to 8/4/99 regarding motion to extend time to answer to 8/4/99 [4−1] (lam) (Entered: 07/16/1999)
7 MINUTE ORDER : by Judge Wiley Y. Daniel granting City &Cnty of Denver amended motion to extend time to answer to 8/4/99 [6−1] (cc: all counsel) ; entry date : 7/19/99 (lam) (Entered: 07/19/1999)
8 Certificate of Service (Compliance) by plaintiff Kevin Williams re: ntc of availability of US Mag Judge to exercise jurisdiction (lam) (Entered: 07/20/1999)
9 MOTION by defendant Denver, Cty &Cty of to dismiss or in the alternative for sum jgm and to strike portions of pla's claim for relief (lam) (Entered: 08/06/1999)
10 MOTION by plaintiff Kevin Williams to file amended complaint (lam) (Entered: 08/06/1999)
Tendered amended complaint submitted by plaintiff Kevin Williams re: motion to file amended complaint [10−1] (lam) (Entered: 08/06/1999)
11 MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to file amended complaint [10−1] (cc: all counsel) ; entry date : 8/11/99 (lam) (Entered: 08/11/1999)

Case: 1:99-cv-01193-WYD As of: 06/08/2010 12:33 PM MDT 4 of 10

08/10/1999 08/12/1999
08/19/1999
08/25/1999
09/07/1999 09/08/1999 09/16/1999 09/16/1999 09/16/1999 09/16/1999 09/16/1999 09/23/1999 09/23/1999 09/28/1999
09/29/1999 10/06/1999 10/06/1999 10/07/1999

13 AMENDED COMPLAINT [1−1] by plaintiff Kevin Williams; jury demand (lam) (Entered: 08/17/1999)
12 MINUTE ORDER : by Judge Wiley Y. Daniel regarding [9−1] motion to dismiss or in the alternative for sum jgm and to strike portions of pla's claim for relief, response ddl within 20 days of this order, reply ddl with 11 days of the response is served (cc: all counsel) ; entry date : 8/16/99 (lam) (Entered: 08/16/1999)
14 AMENDED MOTION by defendant Denver, Cty &Cty of to dismiss amended cmp or for sum jgm &to strike portions of pla's amd claim for relief regarding motion to dismiss or in the alternative for sum jgm and to strike portions of pla's claim for relief [9−1] (lam) (Entered: 08/20/1999)
15 MINUTE ORDER : by Judge Wiley Y. Daniel setting hearing on motion to dismiss amended cmp or for sum jgm &to strike portions of pla's amd claim for relief [14−1] 4:30 11/12/99 response due within l5 days (cc: all counsel) ; entry date : 8/25/99 (former empl) (Entered: 08/25/1999)
16 MOTION by plaintiff Kevin Williams to extend time to respnd to mtns to 9/l6/99 (former empl) (Entered: 09/08/1999)
17 MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to extend time to respnd to mtns to 9/l6/99 [16−1] (cc: all counsel) ; entry date : 9/8/99 (former empl) (Entered: 09/08/1999)
18 MOTION by plaintiff Kevin Williams to file second amended complaint (former empl) (Entered: 09/17/1999)
Tendered second amended complaint submitted by plaintiff Kevin Williams motion to file second amended complaint [18−1] (former empl) (Entered: 09/17/1999)
19 MOTION by plaintiff Kevin Williams to exceed page limitation (former empl) (Entered: 09/17/1999)
Tendered memo in opposition to amended mtn to dismiss etc submitted by plaintiff Kevin Williams motion to exceed page limitation [19−1] (former empl) (Entered: 09/17/1999)
Tendered bound appendix submitted by plaintiff Kevin Williams document tendered [0−0], motion to exceed page limitation [19−1] (former empl) (Entered: 09/17/1999)
20 MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to file second amended complaint [18−1] (cc: all counsel) ; entry date : 9/24/99 (former empl) (Entered: 09/24/1999)
21 SECOND AMENDED COMPLAINT [13−1] by plaintiff Kevin Williams; jury demand; adding Michael Reichert (former empl) (Entered: 09/24/1999)
22 AMENDED Unopposed MOTION by plaintiff Kevin Williams to exceed page limitation on length of briefs in pla's memo in opp to dft's amended mtn to dismiss, for sum jgm &to strike portions of pla's amd cmp or in the alternative for lv to resubmi a revised responsive brief re [19−1] (lam) (Entered: 09/28/1999)
23 MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to exceed page limitation on length of briefs [22−1] (cc: all counsel) ; entry date : 9/30/99 (former empl) (Entered: 09/30/1999)
24 MOTION by defendant Denver, Cty &Cty of to exceed page limitation on mtns to dismiss or sum jgm in 2nd amd mtn to dismiss or sum jgm (lam) (Entered: 10/08/1999)
Tendered second amended mtn to dismiss submitted by defendant Denver, Cty &Cty of re motion to exceed page limitation on mtns to dismiss or sum jgm in 2nd amd mtn to dismiss or sum jgm [24−1] (lam) (Entered: 10/08/1999)
25 MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to exceed page limitation on mtns to dismiss or sum jgm in 2nd amd mtn to dismiss or sum jgm [24−1] (cc: all counsel) ; entry date : 10/8/99 (lam) (Entered: 10/08/1999)

Case: 1:99-cv-01193-WYD As of: 06/08/2010 12:33 PM MDT 5 of 10

10/07/1999
10/19/1999 10/26/1999
10/26/1999 10/28/1999 10/28/1999 11/08/1999 11/09/1999 11/09/1999 11/09/1999 11/10/1999 11/12/1999 11/12/1999
11/17/1999 11/18/1999 11/19/1999 11/22/1999 11/22/1999

26 Second AMENDED MOTION by defendant Denver, Cty &Cty of to dismiss pla's 2nd amd cmp or for sum jgm &to strike portions of pla's 2nd amd cmp regarding amended motion to dismiss amended cmp or for sum jgm &to strike portions of pla's amd claim for relief [14−1] (lam) (Entered: 10/12/1999)
27 RETURN OF SERVICE of Summons and Complaint upon / by defendant Michael Reichert on 10/6/99 (lam) (Entered: 10/19/1999)
28 Unopposed MOTION by plaintiff Kevin Williams to exceed page limitation on lenght of briefs in pla's memo in opp to dft City &Cnty of Denver's 2nd amd mtn to dismiss, for sum jgm &to strike portions of pla's 2nd amd cmp (lam) (Entered: 10/27/1999)
Tendered memo in opp to dft City &Cnty of Denver's 2nd amd mtn to dism, for sum jgm &to portions of pla's second amd cmp submitted by plaintiff Kevin Williams re: motion to exceed page limitation [28−1] (lam) (Entered: 10/27/1999)
29 MINUTE ORDER : by Judge Wiley Y. Daniel granting pltf's unopposed motion to exceed page limitation [28−1] (cc: all counsel) ; entry date : 10/29/99 (gms) (Entered: 10/29/1999)
30 Memorandum (BRIEF) by plaintiff in opposition to 2nd amd motion to dismiss pla's 2nd amd cmp or for sum jgm &to strike [26−1] (gms) (Entered: 10/29/1999)
31 REPLY by defendant Denver, Cty &Cty of to response to second amended motion to dismiss pla's 2nd amd cmp or for sum jgm &to strike [26−1] (lam) (Entered: 11/09/1999)
32 MOTION by plaintiff Kevin Williams for leave to file declaration of Reichert in opp to dft City &Cnty of Denver's second amended mtn to dismiss or for sum jgm (lam) (Entered: 11/10/1999)
Tendered declaration of Reichert submitted by defendant Denver, Cty &Cty of re: motion for leave to file declaration of Reichert [32−1] (lam) (Entered: 11/10/1999)
33 Second DECLARATION of Amy F. Robertson (lam) (Entered: 11/15/1999)
34 MINUTE ORDER : by Judge Wiley Y. Daniel regarding [32−1] motion for leave to file declaration of Reichert, response ddl w/in 10 days of this order (cc: all counsel) ; entry date : 11/16/99 (lam) (Entered: 11/16/1999)
35 Request MOTION by defendant Denver, Cty &Cty of for leave to respond to mtn for lv to file declaration fo Reichert, by filing attached 3rd affidavit of Luetzen &an affidavit of Searles (lam) (Entered: 11/16/1999)
36 COURTROOM MINUTES (Hearing on Pending Motion) by Judge Wiley Y. Daniel: denying in part and denied as moot in part dfts' motion to dismiss pla's 2nd amd cmp or for sum jgm &to strike , the motion to strike is denied as moot and the motion to dismiss or for summary judgment is denied [26−1]; dfts shall file an answer to pla's second amd cmp w/in 10 days ; rule 16 conference set for 8:30 12/15/99 ; for ddl 11/19/99 ; entry date : 11/16/99 Court Reporter: Paul Zuckerman (lam) (Entered: 11/16/1999)
37 ORDER FOR RULE 16 CONFERENCE by Judge Wiley Y. Daniel ; Rule 16 conference set for 8:30 12/15/99 (cc: all counsel) (lam) (Entered: 11/18/1999)
38 TRANSCRIPT of Hearing on Motions on 11/12/99 before Judge Daniel ( pages: 1−18) Prepared By: Paul Zuckerman (certified copy) (gms) (Entered: 11/19/1999)
39 Submission of Draft Order (NOTICE) by plaintiff Kevin Williams (former empl) (Entered: 11/19/1999)
40 ANSWER to 2nd amd complaint [21−1] AND THIRD PARTY COMPLAINT by defendant Denver, Cty &Cty of; adding third−party defendant Staffpro Security (gms) (Entered: 11/23/1999)
41 ORDER by Judge Wiley Y. Daniel Refusing deft's motion for leave to respond to mtn for lv to file declaration fo Reichert, by filing attached 3rd affidavit of Luetzen &an affidavit of Searles [35−1], denying deft's motion to dismiss amended cmp or for sum jgm &to strike portions of pla's amd claim for relief [14−1]. Answer is due

Case: 1:99-cv-01193-WYD As of: 06/08/2010 12:33 PM MDT 6 of 10

11/23/1999 11/23/1999 12/03/1999 12/13/1999 12/13/1999 12/14/1999
12/15/1999 12/20/1999 12/20/1999 12/22/1999 12/23/1999 12/28/1999 12/29/1999 01/05/2000 01/05/2000 01/05/2000
01/07/2000

w/in 10 days from 11/12/99 hrg. (cc: all counsel) ; entry date : 11/23/99 (gms) (Entered: 11/23/1999)
42 AMENDED THIRD−PARTY COMPLAINT [40−2] by third−party plaintiff Denver, Cty &Cty of; terminating third−party defendant Staffpro Security; adding third−party defendant Staff Pro, Inc. (gms) (Entered: 11/24/1999)
43 CERTIFICATE by defendant Denver, Cty &Cty of mailing of answer to 2nd amd cmp &3rd party cmp on 11/22/99 (gms) (Entered: 11/24/1999)
44 Joint NOTICE by plaintiff Kevin Williams, defendant Denver, Cty &Cty of re: scheduling issues re: deft's assertion of 3rd party claims against Staffpro, Inc. (gms) (Entered: 12/06/1999)
45 ATTORNEY APPEARANCE for third−party defendant Staff Pro, Inc. by Edwin R. Smalley (gms) (Entered: 12/14/1999)
46 Combined MOTION by third−party defendant Staff Pro, Inc. to vacate sched conf of 12/15/99 and to extend time within which to file responsive pleading to 12/23/99 (gms) (Entered: 12/14/1999)
47 MINUTE ORDER : by Judge Wiley Y. Daniel granting in part and denying in part 3rd pty deft's motion to vacate sched conf of 12/15/99 and to extend time within which to file responsive pleading to 12/23/99 [46−1]. 3rd pty deft has to 12/23/99 to file responsive pleadings, but request to vacate 12/15/99 sched conf is denied. (cc: all counsel) ; entry date : 12/14/99 (gms) (Entered: 12/14/1999)
48 COURTROOM MINUTES by Judge Wiley Y. Daniel ; rule 16 conf held on 12/15/99 . Sched order due 1/14/00 ; entry date : 12/15/99 Court Reporter: Kara Spitler (gms) (Entered: 12/15/1999)
49 MOTION by plaintiff Kevin Williams to file third amended complaint and certificate of compliance (lam) (Entered: 12/21/1999)
Tendered third amended cmp submitted by plaintiff Kevin Williams re: motion to file third amended complaint [49−1] (lam) (Entered: 12/21/1999)
50 ANSWER by third−party defendant Staff Pro, Inc. to amended third−party complaint [42−1]; jury demand (former empl) (Entered: 12/23/1999)
51 Request MOTION by defendant Denver, Cty &Cty of for leave to file response to pla's mtn for lv to file 3rd amd cmp (lam) (Entered: 12/27/1999)
52 RESPONSE by defendant Denver, Cty &Cty of to motion to file third amended complaint [49−1] (lam) (Entered: 12/29/1999)
53 MINUTE ORDER : by Judge Wiley Y. Daniel granting motion for leave to file response to pla's mtn for lv to file 3rd amd cmp [51−1] (cc: all counsel) ; entry date : 12/30/99 (lam) (Entered: 12/30/1999)
54 MOTION by plaintiff Kevin Williams for leave to file reply brief in support of mtn for lv to file 3rd amd cmp and certificate of compliance (lam) (Entered: 01/07/2000)
Tendered reply brief submitted by plaintiff Kevin Williams re: motion for leave to file reply brief in support of mtn for lv to file 3rd amd cmp [54−1] (lam) (Entered: 01/07/2000)
55 STATEMENT for docketing purposes: document 55 an order setting scheduling conf with Magis Judge OES was deleted; the order actually belongs in 99−D−1482 issued 1/5/00−a scheduling conference was held 12/15/99 by Judge Daniel in this case and as of 1/5/00 was not referred to a magis judge (former empl) (Entered: 01/19/2000)
56 MINUTE ORDER : by Judge Wiley Y. Daniel. Deft to respond w/in 10 days to pltf's [49−1] motion to file third amended complaint (cc: all counsel) ; entry date : 1/10/00 (gms) (Entered: 01/10/2000)

Case: 1:99-cv-01193-WYD As of: 06/08/2010 12:33 PM MDT 7 of 10

01/10/2000 01/10/2000 02/01/2000 02/02/2000 02/04/2000 02/09/2000 02/10/2000 03/02/2000 03/09/2000 03/10/2000 03/13/2000 04/17/2000 04/18/2000 06/21/2000 06/22/2000 06/27/2000
07/10/2000 07/14/2000
08/24/2000 08/24/2000

57 MINUTE ORDER : by Judge Wiley Y. Daniel granting pltf's motion for leave to file reply brief in support of mtn for lv to file 3rd amd cmp [54−1] (cc: all counsel) ; entry date : 1/10/00 (gms) (Entered: 01/10/2000)
58 REPLY Brief by plaintiff to response to motion to file third amended complaint [49−1] (gms) (Entered: 01/10/2000)
59 SCHEDULING ORDER Judge Wiley Y. Daniel ; Discovery cutoff 9/1/00 ;dispositive motions due 11/1/00 (cc: all counsel) (lam) (Entered: 02/02/2000)
60 ORDER stat stlmt pt pto Case referred to Magistrate Judge O. E. Schlatter by Judge Wiley Y. Daniel (cc: to counsel) (lam) (Entered: 02/04/2000)
61 TRANSCRIPT of Scheduling Conf on 12/15/99 before Judge Daniel ( pages: 1−16) Prepared By: Kara Spitler (certified copy) (lam) (Entered: 02/07/2000)
62 MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 10:30 6/6/00 ; pretrial conf set for 9:30 10/23/00 (cc: all counsel) ; entry date : 2/11/00 (lam) (Entered: 02/11/2000)
63 NOTICE of Change of Address of Fox &Robertson, P.C. by plaintiff Kevin Williams (lam) (Entered: 02/11/2000)
64 NOTICE OF DISMISSAL purs to FRCP 41(a) as to party Michael Reichert with prejudice ; entry date : 3/3/00 (lam) (Entered: 03/03/2000)
65 Stipulated MOTION by plaintiff Kevin Williams, defendant Denver, Cty &Cty of for protective order (lam) (Entered: 03/10/2000)
66 MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge O. E. Schlatter the motion for protective order [65−1] (lam) (Entered: 03/13/2000)
67 Stipulated PROTECTIVE ORDER by Magistrate Judge O. E. Schlatter : re: [65−1] (cc: all counsel) (lam) (Entered: 03/13/2000)
68 NOTICE of Change of Telephone Numbers of Norman R. Bangeman, Assistant City Attoreny by defendant Denver, Cty &Cty of (lam) (Entered: 04/18/2000)
69 ATTORNEY APPEARANCE for plaintiff Kevin Williams by Michael Wayne Breeskin (lam) (Entered: 04/20/2000)
70 Stipulated MOTION by plaintiff, defendant for order for suspension of scheduling order (gms) (Entered: 06/22/2000)
71 MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge O. E. Schlatter the motion for order for suspension of scheduling order [70−1] (gms) (Entered: 06/23/2000)
72 ORDER signed 6/27/00 by Magistrate Judge O. E. Schlatter granting motion for order for suspension of scheduling order [70−1], suspending (terminating) schedule order [59−1] (cc: all counsel) ; entry date : 6/28/00 (former empl) (Entered: 06/28/2000)
73 Stipulated MOTION by defendant Denver, Cty &Cty of, third−party defendant Staff Pro, Inc. to dismiss 3rdptycmp against Staff Pro, Inc. (lam) (Entered: 07/11/2000)
74 ORDER by Judge Wiley Y. Daniel regarding [73−1]; that third party complaint is dismissed with prejudice, each party to bear own costs, dismissing party Staff Pro, Inc., party Denver, Cty &Cty of (cc: all counsel) ; entry date : 7/17/00 (lam) (Entered: 07/17/2000)
75 ORDER by Judge Wiley Y. Daniel granting motion to file third amended complaint [49−1] (cc: all counsel) ; entry date : 8/25/00 (lam) (Entered: 08/25/2000)
76 Third AMENDED COMPLAINT [21−1] by plaintiff Kevin Williams; adding plaintiff Carrie Ann Lucas, Kyle Stubbs, Roanne Kuenzler (lam) (Entered: 08/25/2000)

Case: 1:99-cv-01193-WYD As of: 06/08/2010 12:33 PM MDT 8 of 10

08/31/2000 09/05/2000 10/05/2000 10/06/2000
10/06/2000 03/02/2003 05/19/2003 05/19/2003 05/21/2003 08/28/2003 08/29/2003 09/05/2003
09/05/2003

77 Stipulated MOTION by plaintiff, defendant to extend time to answer or respond to plas' 3rd amd cmp (lam) (Entered: 09/01/2000)
78 MINUTE ORDER : by Judge Wiley Y. Daniel granting stipulated motion to extend time to answer or respond to plas' 3rd amd cmp to 11/22/00 [77−1] (cc: all counsel) ; entry date : 9/6/00 (lam) (Entered: 09/06/2000)
81 Joint REQUEST by Kevin Williams, Carrie Ann Lucas, Kyle Stubbs, Roanne Kuenzler, Denver, Cty &Cty of for Approval of Consent Decree (gms) (Entered: 10/19/2000)
79 CONSENT DECREE by Judge Wiley Y. Daniel: that this Consent Decree is entered into by and between the dft City and County of Denver and plas Kevin Williams, Carie Ann Lucas, Kyle Stubbs and Roanne Kuenzlerk; this Decree and all exhibits are binding on all successors and assigns of the City as to Red Rocks Amphitheatre; that except as otherwise set forth in this Consent Decree, the term of this Consent Decree shall be until 12/31/04; Please see Consent Decree regarding further information as to the wheelchair−accessible shuttle buses at Red Rocks...the accessible and van accessible parking spaces...drop−off system..policies, procedures &training...information &advertising...confidentiality &publicity...verification and monitoring...data gathering...review...liquidated damages..dispute resolution....w/in 60 days of approval of this Consent Decree, the City agrees to pay to plas' reasonable atty fees in the amount of $50,000...attorneys' fees and costs after the final approval..releases...terms of exhibits...entire agreement...communications to plas and the City...modification...serverability..execution in counterparts... and duty to support and defend decree ( dismissing case ) (cc: all counsel) ; entry date : 10/6/00 (lam) (Entered: 10/06/2000)
80 MINUTE ORDER : by Judge Wiley Y. Daniel that the jt req for approval of consent decree is granted (cc: all counsel) entry date : 10/10/00 (lam) (Entered: 10/10/2000)
107 NOTICE by defendant Denver, Cty &Cty of re: notice of submission of Amended Consent Decree [102−1] (erv) (Entered: 03/03/2004)
82 Unopposed MOTION by Plas' to dismiss all claims of Pla Kevin C. Williams (erv) (Entered: 05/20/2003)
83 ATTORNEY APPEARANCE for Dfts Carrie Ann Lucas, Kyle Stubbs, Roanne Kuenzler by Kevin W. Williams (erv) (Entered: 05/20/2003)
84 ORDER by Judge Wiley Y. Daniel granting motion to dismiss all claims of Pla Kevin C. Williams without prejudice [82−1] dismissing party Kevin Williams each party to pay their own costs and atty fees (cc: all counsel) ; entry date : 5/22/03 (erv) (Entered: 05/22/2003)
85 MOTION by Pla's Kevin Williams, Carrie Ann Lucas, Kyle Stubbs, Roanne Kuenzler for order for Resolution of Dispute (ATTACHMENTS Placed in OVERSIZED Exh) (erv) (Entered: 08/29/2003)
86 MOTION by defendant Denver, Cty &Cty of requesting the court to clarify basis for calculation of liquidated damages in Consent Decree, to resolve ongoing disputes between the parties purs to Section 16.3 of the Consent Decree and to approve a proposed Amd Consent Decree [79−2] (lam) (Entered: 09/02/2003)
87 MINUTE ORDER : by Judge Wiley Y. Daniel regarding Pla's [85−1] motion for order for Resolution of Dispute; Dft shall respond by 9/22/03 [86−1] regarding Dfts motion requesting the court to clarify basis for calculation of liquidated damages in Consent Decree, to resolve ongoing disputes between the parties purs to Section 16.3 of the Consent Decree and to approve a proposed Amd Consent Decree [79−2]; Plas shall respond by 9/22/03 (cc: all counsel) ; entry date : 9/8/03 (erv) (Entered: 09/08/2003)
88 NOTICE of Proposed Amended Consent Decree by defendant Denver, Cty &Cty of pursuant to 8/29/03 motion the court to clarify basis for calculation of liquidated damages in Consent Decree, to resolve ongoing disputes between the parties purs to Section 16.3 of the Consent Decree and to approve a proposed Amd Consent

Case: 1:99-cv-01193-WYD As of: 06/08/2010 12:33 PM MDT 9 of 10

09/22/2003 09/22/2003 09/24/2003 09/24/2003 10/09/2003 10/10/2003
10/14/2003 10/14/2003 10/14/2003 10/17/2003 11/17/2003 12/05/2003 12/05/2003 01/16/2004 02/05/2004
02/09/2004
02/17/2004

Decree [79−2] [86−1] (erv) (Entered: 09/09/2003)
89 RESPONSE by defendant Denver, Cty &Cty of to Pla's motion for order for Resolution of Dispute [85−1] (erv) (Entered: 09/24/2003)
90 EXHIBITS by defendant Denver, Cty &Cty of to motion response [89−1] (VIDEO TAPE placed in a manila envelope and put with the exhibit) (erv) (Entered: 09/24/2003)
91 Amended RESPONSE by defendant Denver, Cty &Cty of to motion for order for Resolution of Dispute [85−1] (erv) (Entered: 09/26/2003)
92 EXHIBITS Video Tape by defendant Denver, Cty &Cty of to Amended motion response [91−1] (Placed in Oversized Exhibit (erv) (Entered: 09/26/2003)
93 MOTION by Plas' to extend time to Reply to Dft City and County of Denver's Amended Response to Plas' Motion for Resolution of Dispute to and incl 10/13/03 (erv) (Entered: 10/10/2003)
94 MINUTE ORDER : by Judge Wiley Y. Daniel granting Pla's motion to extend time to Reply to Dft City and County of Denver's Amended Response to Plas' Motion for Resolution of Dispute to and incl 10/13/03 [93−1] (cc: all counsel) ; entry date : 10/14/03 (erv) (Entered: 10/14/2003)
95 MOTION by Plas' to supplement motion for order for Resolution of Dispute [85−1] (erv) (Entered: 10/14/2003)
96 REPLY by Plas' to Dfts Amended response to motion for order for Resolution of Dispute [85−1] (erv) (Entered: 10/14/2003)
97 MINUTE ORDER : by Judge Wiley Y. Daniel granting Pla's motion to supplement motion for order for Resolution of Dispute [95−1]; Dft shall respond on or before 10/31/03 (cc: all counsel) ; entry date : 10/15/03 (erv) (Entered: 10/15/2003)
98 Amended NOTICE by defendant Denver, Cty &Cty of re: notice of filing of Proposed Amended Consent Decree [88−1] (erv) (Entered: 10/20/2003)
100 Third AMENDED Notification of filing proposed amended consent decree by defendant Denver, Cty &Cty of re: notices [98−1], [88−1] (lam) (Entered: 11/18/2003)
101 MINUTE ORDER : by Judge Wiley Y. Daniel, A hrg on Pending Motions will be held ; in court hrg set for 10:30 2/17/04 (cc: all counsel) ; entry date : (erv) (Entered: 12/05/2003)
102 NOTICE by defendant Denver, Cty &Cty of D of Status of Prposed re: amended Consent Decree [100−1] (erv) (Entered: 12/08/2003)
103 MINUTE ORDER : by Judge Wiley Y. Daniel ; resetting hrging on pending motions for 10:00 2/17/04 regarding [86−1], [85−1] (cc: all counsel) ; entry date : 1/20/04 (lam) (Entered: 01/20/2004)
104 Joint MOTION by plaintiffs, defendant to withdraw all pending motions (motion to clarify basis for calculation of liquidated damages in Consent Decree,etc [79−2] [86−1], motion for order for Resolution of Dispute [85−1]) and vacate 2/17/04 hearing (gms) (Entered: 02/06/2004)
105 MINUTE ORDER : by Judge Wiley Y. Daniel granting joint motion to withdraw all pending motions (motion to clarify basis for calculation of liquidated damages in Consent Decree,etc [79−2] [86−1], motion for order for Resolution of Dispute [85−1]) and vacate 2/17/04 hearing [104−1], denying as moot motion the court to clarify basis for calculation of liquidated damages in Consent Decree, to resolve ongoing disputes between the parties purs to Section 16.3 of the Consent Decree and to approve a proposed Amd Consent Decree [79−2] [86−1], denying as moot motion for order for Resolution of Dispute [85−1] ; in court hrg VACATED 2/9/04 (cc: all counsel) ; entry date : 2/10/04 (erv) (Entered: 02/10/2004)
106 NOTICE by defendant Denver, Cty &Cty of, plaintiff Carrie Ann Lucas, plaintiff Kyle Stubbs, plaintiff Roanne Kuenzler re: notice of submission of Amended

Case: 1:99-cv-01193-WYD As of: 06/08/2010 12:33 PM MDT 10 of 10

03/12/2004 03/26/2004 04/02/2004 06/03/2004
01/25/2005 01/27/2005

Consent Decree [102−1], re: amend [100−1], re: motion response [99−1], re: notice [98−1] (erv) (Entered: 02/18/2004)
108 NOTICE by defendant Denver, Cty &Cty of re: Submission of Amended Consent Decree pursuant to minute order [105−2] (erv) (Entered: 03/15/2004)
109 NOTICE regarding Submission of Amended Consent Decree by defendant Denver, Cty &Cty of (erv) (Entered: 03/29/2004)
110 NOTICE by defendant Denver, Cty &Cty of re: notice [109−1] submission of Amended Consent Decree (erv) (Entered: 04/05/2004)
111 Amended CONSENT DECREE by Judge Wiley Y. Daniel Pursuant to [79−2] order; This Amended Consent Decree is entered into by and between the City and County of Denver, Carrie Ann Lucas, Kyle Stubbs and Roanne Kuenzler This action has been dismissed with prejudice as to Kevin Williams who is no longer a party to this action, but entered his appearance as csl for the remaining Plas', The Parties each agree to abide by all terms of this Amended Consent Decree in good faith and to support it fully, and shall defend this Amended Consent Decree from any legal challenge, whether by appeal or collateral attack (cc: all counsel) ; entry date : 6/4/04 (erv) (Entered: 06/04/2004)
112 Stipulated Joint MOTION to Dismiss Case with Prejudice, each party to pay their own atty fees and costs, by Defendant Denver, City and County of, Plaintiffs Carrie Ann Lucas, Kyle Stubbs, Roanne Kuenzler. (erv, ) (Entered: 01/28/2005)
113 ORDER Granting 112 Stipulated Joint MOTION to Dismiss Case with prejudice, each party to pay their own costs and atty fees, filed by Denver, City and County of, Carrie Ann Lucas, Kyle Stubbs, Roanne Kuenzler, . Signed by Judge Wiley Y. Daniel on 1/27/05. (erv, ) (Entered: 02/01/2005)