Full and Equal Enjoyment for Sports and Music Fans

Client spotlight:  Kirstin Kurlander Garcia Deaf lacrosse fan and CREEC client, Kirstin Kurlander Garcia has been instrumental in bringing open captioning to both the Pepsi Center and Broncos Stadium. Using CREEC’s Fast Advocacy for Communication program, she was also recently able to secure an interpreter for the Violent Femmes concert at Planet Bluegrass. “Our family enjoys professional lacrosse games at both the Pepsi Center and Broncos Stadium, but I wasn’t able to fully enjoy the events without access to the announcements – players, penalties, and all the other things that entertain us between plays,” Kirstin explained. She approached CREEC about the Pepsi Center; we approached the Pepsi Center to discuss the issue, but ultimately resolved the case in Kirstin’s favor through class action litigation. Soon thereafter, Kirstin and CREEC reached out to Broncos Stadium and were able to work with the folks there – without need for litigation – to ensure open captioning. As a result of the collaboration between Kirstin and CREEC’s Accessibility Project, deaf and hard of hearing lacrosse fans – and hockey, basketball, and football fans – can all enjoy access to the same public address content as hearing fans. Also an avid music fan, Kirstin was interested in attending a summer 2019 Violent Femmes concert at Planet Bluegrass. Long before the concert date, Kirstin reached out to Planet Bluegrass to request a sign language interpreter. The venue owners responded with a common misconception:  that it’s up to the individual bands to provide interpreters. In fact, both owners and operators – venues and performers, in this case – are responsible for ensuring effective communication for deaf...

CREEC mourns the passing and celebrates the life of Judge Wiley Y. Daniel

Yesterday, we celebrated the life and mourned the passing of Judge Wiley Y. Daniel, a Senior United States District Judge in the District of Colorado. I have been privileged to practice before Judge Daniel from early in my legal career to earlier this year, and each time it was a delightful experience. He was always prepared, knowledgeable, practical, respectful, and funny. He worked hard to put everyone in the courtroom at ease so we could get to the business at hand, for example, carefully establishing out-of-state counsel’s college football and basketball allegiances before proceeding. In one of my earliest appearances before Judge Daniel, I was arguing for wheelchair access to Denver’s Red Rocks Amphitheatre. Opposing counsel observed that Red Rocks was built into the side of a steep mountain.  Judge Daniel responded by asking (something to the effect of — unlike the below, we didn’t get the transcript), “That’s all well and good, but why should the burden of that geography fall only on people with disabilities?”  He has, from the get go, understood the fundamental premise of disability civil rights. In June, 2018, we again appeared before Judge Daniel on the question of wheelchair access to Red Rocks, though this time it was to seek final approval of a class action settlement addressing ticketing and scalping problems that had excluded people with disabilities. Final approval hearings are always upbeat events, as the parties have settled and appear before the judge jointly requesting his blessing of the settlement. Judge Daniel quizzed us on the details of the agreement, indicated his intent to approve it, and then took the opportunity...

CREEC mourns the passing of pathbreaking disability rights lawyer and advocate Carrie Ann Lucas.

As we vow to do our best to kick as many asses as thoroughly as Carrie did. The world has lost a fierce advocate, brilliant lawyer, and talented photographer.  Carrie Ann Lucas, a disability rights attorney who pioneered representation for parents with disabilities, died from complications from septic shock.  She was 47 years old. CREEC recognized Carrie in 2016 for her work in intersectional civil rights, celebrating her outstanding leadership in disability rights, parents’ rights, LGBTQI rights, human dignity, and faith. CREEC’s Co-Executive Directors first worked with Carrie not long after they started their small civil rights law firm in 1996, when she asked us to challenge her graduate program at the Iliff School of Theology for their failure to provide access and effective communication. While she was working on her Masters of Divinity there, she worked with others to protest institutional racism on the faculty and in the library.  This was not her first protest:  early on, she protested her high school’s refusal to permit a disabled student to march with the band. After getting her M. Div., she worked at the Colorado Cross-Disability Coalition, got her law degree at the University of Denver (on the full-ride Chancellor’s Scholarship), got a prestigious Equal Justice Works fellowship, and founded Disabled Parent Rights, a non-profit devoted to ensuring that people with disabilities have equal rights in parenting.  She also became a national expert and trainer on the rights of parents with disabilities and, through her legal advocacy, secured decisions upholding and promoting those rights here in Colorado. Most recently she was recruited by the Colorado Office of Respondent Parents Counsel...

News Release: Major milestone reached in making Portland’s streets and sidewalks more accessible

(June 5, 2018) The Portland Bureau of Transportation announced a major milestone in the City’s efforts to make Portland’s streets and sidewalks more accessible to people with mobility disabilities. Yesterday, United States District Court Judge Marco Hernandez issued a preliminary approval of the settlement in Hines, et al. v. City of Portland. The class action seeks to ensure that the City’s corners are ADA compliant. The City of Portland has over 38,000 corners. Approximately 11,000 corners do not have curb ramps. Many other corners have ramps that do not meet current ADA standards.  Corners that do not have ADA compliant curb ramps represent a significant barrier to safe and convenient mobility for people with mobility disabilities. This landmark settlement will take a major step forward in correcting this situation. According to the settlement’s terms, the City of Portland has agreed to construct and/or upgrade 1500 curb ramps per year for the next twelve years for a total of 18,000 ramps. The City has also agreed to survey all ramps in the next two years and establish a Transition Plan to map out how the City will ensure accessibility. “We have nearly 40,000 corners in Portland,” said Transportation Commissioner Dan Saltzman. “Each corner is an opportunity. With the correct curb ramps, each of these corners represents a chance for our city to provide safe and accessible mobility to for all Portlanders regardless of whether they are living with a disability or not. That is why I am so supportive of this settlement. Thanks to this settlement, we will double the number of ADA compliant curb ramps we build each year...

ADA Defense Abuse: A Case Study

ADA Defense Lawyers Prolong Litigation and Postpone Access:  A Case Study of Litigation Abuse  Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination by private businesses.  Lawyers who defend noncompliant businesses argue that their opposing counsel — lawyers who represent people with disabilities seeking to enforce their rights — engage in litigation abuse.  They are lobbying for passage of H.R. 620, a bill that would add the requirement of a specifically-worded demand letter and four-month waiting period before a disabled person could enforce their rights. This case study of ADA defense litigation abuse suggests that ADA defense counsel are already guilty of prolonging litigation, postponing access, and ultimately enriching themselves at the expense of both the businesses they represent and the people with disabilities who continue to be denied access 28 years after the ADA was passed. H.R. 620’s requirement of a demand letter will remove any incentive for voluntary compliance and will add a new round of motions for ADA defense attorneys to file — challenging the wording, content, and specificity of the demand letter — on top of the already unconscionable litigation delay that is their standard practice. To demonstrate the opportunities for delay in which ADA defense counsel typically engage, we looked at a case that a group of retail trade associations held up as a typical Title III case.  In a recent amicus brief to the Third Circuit, lawyers for the National Association of Convenience Stores, the National Grocers Association, and the Food Marketing Institute singled out the case of Heinzl v. Cracker Barrel Old Country Store, Inc., No. 14-cv-1455 (W.D. Pa....