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These are some of the major cases we are working on right now:

Burger King - wheelchair and scooter access

On September 10, 2008, we filed a class action lawsuit against Burger King Corporation based on barriers to wheelchair access at Burger King-leased restaurants in California. The barriers include, for example, queue lines that are too narrow, inaccessible restrooms, service counters and dining areas, and insufficient accessible parking.

Contact us about problems with California Burger King restaurants.

You can read court documents about this case here.


Taco Bell -- wheelchair and scooter access

We have brought a class action lawsuit against Taco Bell Corp. based on barriers to wheelchair access at California corporate Taco Bell restaurants. The barriers include, for example, queue lines that are too narrow, inaccessible restrooms, service counters and dining areas, and insufficient accessible parking. You can read court documents in this case here.

Contact us about problems with Taco Bell.

You can find out more about the Taco Bell case here.


Ulibarri – Accommodations for individuals who are deaf or diabetic in the Denver County Jail

Shawn Vigil was a deaf inmate of the Denver County Jail. Isolated because he was deaf and denied access to sign language interpreters, he ultimately committed suicide by hanging himself in his cell. Fox & Robertson, with co-counsel Colorado Cross-Disability Coalition and King & Greisen, are suing the City and County of Denver for its failure to provide sign language interpreters and other accommodations to Mr. Vigil and two other deaf individuals, one of whom also had diabetes.

You can read court documents about this case here.


TNM&O – Access to Over-the-Road Buses

We have brought an action against several over-the-road bus companies for violations of the ADA and Rehabilitation Act. The alleged violations include, for example, failure to provide accessible buses despite adequate notice by consumers, frequent lift malfunctions, and not letting customers who use wheelchairs off of the bus at rest stops.


Kmart -- wheelchair and scooter access

In 2006, we settled a nationwide class action lawsuit with Kmart. Under the terms of the settlement, Kmart will survey and bring all of its stores nationwide into substantial compliance with Department of Justice Standards for Accessible Design over a seven and a half year period, and will institute policies to improve access to merchandise, counters, restrooms, fitting rooms and parking. Kmart also agreed to pay $13 million in damages to class members in seven states.

If you are a Kmart shopper who uses a wheelchair or scooter, you can give Kmart feedback – positive or negative – through a form on Kmart’s website.

You can read the settlement agreement and other court documents here.


Denver Performing Arts Complex -- Access for persons with mobility impairments, hearing impairments and visual impairments.

We represent — and are co-counseling with — the Colorado Cross-Disability Coalition in a lawsuit against the City and County of Denver and related entities who own and operate the many theaters at the Denver Performing Arts Complex. The suit alleges that these entities have failed to provide appropriate wheelchair seating, failed to make ticketing procedures accessible to the disabled, failed to make their web sites accessible, and otherwise failed to comply with the Americans with Disabilities Act and related laws.

In 2007, we reached settlements with parties other than the City, and with the City concerning facilities other than the Ellie Caulkins Opera House. In October, the plaintiffs and the City reached a class action settlement addressing barriers in the Opera House. Under the settlement, the City will replace the lifts to the Orchestra level, install additional wheelchair seating in the Orchestra section and remove other barriers in the Opera House.

You can read the class notice and class action settlement. Other pleadings in the case are also available.


Barber -- Colorado refused to make reasonable accommodations in minor driver policy for blind mother.

We represent a blind woman and her daughter in suing the state of Colorado. When Julie Barber turned 15, she got a minor driver's license, which permitted her to practice driving with a licensed parent, stepparent or guardian. Problem was: Julie's mother, Marcia Barber, is legally blind and, as a result, does not have a driver's license. Ms. Barber asked the state for the reasonable accommodation of permitting her father (Julie's grandfather) to supervise Julie's driving practice. The state refused, and insisted that the grandfather could only drive with Julie if Ms. Barber were willing to assign full guardianship to him. You can read court documents about the case Barber v. Colorado Department of Revenue here.

Contact us about discrimination by government agencies


Current Cases

 

 

 

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