Judge Denies Stay in Hollister Case

On August 20, 2013, the Court issued a permanent injunction in our Hollister case, requiring Hollister to bring the 231 noncomplying porch entrances into compliance by January 1, 2017.   Hollister almost immediately appealed, and then asked Judge Daniel to stay the injunction pending appeal.

On Friday, Judge Daniel denied the stay, holding, among other factors, that the public interest would be served by proceeding with the remedy:

Plaintiffs argue that the “worst result of the denial of a stay is that Defendants are required to ensure even better access for individuals who use wheelchairs than what the Tenth Circuit determines that the ADA requires.” (Resp. at 7). I agree with Plaintiffs and find that the public would be best served with companies complying with ADA requirements, and making these public buildings accessible to all persons.

Kudos to our friend and co-counsel Julia Campins for an excellent brief opposing the stay.