Case: Farrar-Kuhn v. Conoco, Inc.

1:99-cv-02086 | U.S. District Court for the District of Colorado

Filed Date: Oct. 27, 1999

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On October 27, 1999, disabled plaintiffs who use wheelchairs for accessibility brought a class action lawsuit against Conoco, Inc., an owner/operator of gas stations and convenience stores, in the United States District Court for the District of Colorado. The plaintiffs charged that Conoco had violated the Americans With Disabilities Act and Colorado law because its stores had many features that obstructed accessibility, in violation of Title III of the Americans With Disabilities Act, 42 U.S.C…

On October 27, 1999, disabled plaintiffs who use wheelchairs for accessibility brought a class action lawsuit against Conoco, Inc., an owner/operator of gas stations and convenience stores, in the United States District Court for the District of Colorado. The plaintiffs charged that Conoco had violated the Americans With Disabilities Act and Colorado law because its stores had many features that obstructed accessibility, in violation of Title III of the Americans With Disabilities Act, 42 U.S.C. § 12182 and the Colorado Anti-Discrimination Act, C.R.S. § 24-34-601.

Specifically, plaintiffs claimed that when they attempted to use the businesses, they encountered several obstacles, including inaccessible parking, tables, sidewalks, entrances, restrooms, aisles, and "pay-at-the-pump" controls. Both plaintiffs experienced great delay during their stops at Conoco, as employees had to rearrange fixtures and assist the plaintiffs. They sought injunctive relief, and damages pursuant to the state law.

On August 22, 2000, the court certified a class of "all persons with disabilities who use wheelchairs or scooters for mobility who, within four years of the filing of the Complaint in this case, have been denied, or are currently being denied, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any service station or convenience store owned by Conoco, Inc."

On September 11, 2002, the court approved a five-year consent decree. The decree applied to Conoco's 124 existing corporate stores and newly acquired stores. Conoco's agreed to bring all stores into compliance with ADA regulations. The decree would begin with a pilot program for six stores, three chosen by each side. If the pilot program was successful, Conoco would begin renovating its other stores, one fourth of the total stores every nine months. An independent expert would evaluate the stores. Conoco agreed to pay the expert's fees of $1000 per store visit plus costs. Conoco also agreed to develop personnel training policies, do its own periodic checks for disabled access, to allow customers to submit comment cards, and to forward these cards to class counsel. Additionally, Conoco paid $8,000 each to the two named plaintiffs and $150,000 in attorney's fees.

On November 14, 2008, the court approved a stipulated order of dismissal.

Summary Authors

Denise Heberle (3/27/2012)

People


Judge(s)

Coan, Patricia A. (Colorado)

Krieger, Marcia S. (Colorado)

Miller, Walker David (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Lucas, Carrie Ann (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Attorneys(s) for Defendant

Chatton, Tonya E. (Texas)

Lower, Patricia Kathleen (Colorado)

Mackender, Darin L (Colorado)

Judge(s)

Coan, Patricia A. (Colorado)

Krieger, Marcia S. (Colorado)

Miller, Walker David (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Lucas, Carrie Ann (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Attorneys(s) for Defendant

Chatton, Tonya E. (Texas)

Lower, Patricia Kathleen (Colorado)

Mackender, Darin L (Colorado)

Sonnier, Margret LaChapelle (Texas)

Documents in the Clearinghouse

Document

1:99-cv-02086

Docket

Farrar−Kuhn, et al v. Conoco, Inc.

Dec. 2, 2008

Dec. 2, 2008

Docket
34

1:99-cv-02086

Memorandum In Support Of Joint Motion For Class Certification

Farrar−Kuhn, et al v. Conoco, Inc.

June 30, 2000

June 30, 2000

Pleading / Motion / Brief
38

1:99-cv-02086

Order Granting Joint Motion For Class Certification

Farrar−Kuhn, et al v. Conoco, Inc.

Aug. 22, 2000

Aug. 22, 2000

Order/Opinion

1:99-cv-02086

Second Amended Class Action Complaint

Farrar−Kuhn, et al v. Conoco, Inc.

April 16, 2001

April 16, 2001

Complaint

1:99-cv-02086

Consent Decree

Farrar-Kuhn, et al v. Conoco, Inc.

March 29, 2002

March 29, 2002

Settlement Agreement

Resources

Docket

Last updated Aug. 9, 2022, 3:07 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 27, 1999

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled individuals frequenting defendants' convenience stores and gas stations.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Conoco, Inc. (Houston), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $166,000

Order Duration: 2002 - 2007