The October agreement came into response to complaints filed with the Colorado Civil Rights Division. According to Judy Fester of the Division, this was the first accessibility case pursued by the state of Colorado against a developer. According to complaints, a person using a standard wheelchair could not fit through the bathroom doors in the units. There were also no ramps at The Breakers, according to the Denver Post . Many units were accessible only by using steps.
People are confused about the law.
Brenda Sauro, an attorney representing the owners and builders of The Breakers, admitted that her clients were ignorant of the law. It's been on the books, but nobody has enforced it. Sauro claimed that her clients were surprised to learn that the buildings did not meet federal guidelines because they had been assured by the architects that they would be in compliance. Murata Outland, the firm that designed The Breakers, claimed that the plans were drawn up in 1990, before the Fair Housing Act's accessibility guidelines were in force. The firm's attorney further asserted that the plans were approved by officials, so they were sure that they were in compliance with the law.