Case: King v. City of Colorado Springs

1:19-cv-00829 | U.S. District Court for the District of Colorado

Filed Date: March 20, 2019

Closed Date: Oct. 1, 2019

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Case Summary

In February 2016, two individuals with mobility disabilities notified the City of Colorado Springs that the City’s policy regarding pedestrian right-of-ways discriminated against people with disabilities by denying them access to the right-of-ways and other public programs and services accessible through the right-of-ways. On August 4, 2016, the plaintiffs and the City entered into a structured negotiations agreement that tolled the statute of limitations on the plaintiffs’ claims. The parties …

In February 2016, two individuals with mobility disabilities notified the City of Colorado Springs that the City’s policy regarding pedestrian right-of-ways discriminated against people with disabilities by denying them access to the right-of-ways and other public programs and services accessible through the right-of-ways. On August 4, 2016, the plaintiffs and the City entered into a structured negotiations agreement that tolled the statute of limitations on the plaintiffs’ claims. The parties then negotiated a detailed class action settlement agreement.

On March 20, 2019, the plaintiffs filed this lawsuit in the United States District Court for the District of Colorado for the purpose of submitting the class action settlement agreement to the court for preliminary approval, seeking authorization from the court to notify the class of the settlement agreement, and requesting an order of final approval of the settlement agreement. The plaintiffs, represented by private counsel and the Civil Rights Education and Enforcement Center, brought their claims under Title II of the Americans with Disabilities Act (the “ADA”), the Rehabilitation Act, and the Colorado Anti-Discrimination Act (the “CADA”). The putative class consisted of all persons with mobility disabilities who use or would use the pedestrian right-of-way in Colorado Springs through the date of judgment in this action.

The complaint alleged that the City had failed to provide full and equal access to its pedestrian right-of-ways to the plaintiffs and other individuals with mobility disabilities. The City failed to install and maintain curb ramps that were necessary to make the pedestrian right-of-ways accessible. A substantial number of pedestrian right-of-ways did not comply with applicable federal regulations because they, for example, lacked curb ramps entirely, had curb ramps on only one side of a corner, or had curb ramps that were too narrow, steep, cracked, broken, or uplifted to be used by people with mobility disabilities. The plaintiffs further argued that an accessible pedestrian right-of-way was essential to realizing the integration mandate of disability non-discrimination laws.

The complaint sought monetary relief for the named plaintiffs, as well as attorneys’ fees. The class claims sought injunctive relief only: a permanent injunction requiring the City to undertake remedial measures to mitigate the effects of the City’s past and ongoing violations of the ADA, the Rehabilitation Act, and the CADA. The case was assigned to Judge John L. Kane and Magistrate Judge Kathleen M. Tafoya.

The plaintiffs filed an unopposed motion for class certification and preliminary approval of the proposed class action settlement on March 21, 2019. The court granted this motion on March 22, 2019. In its order, the court set deadlines for the notification of class members, objections to the settlement, and motions for attorneys’ fees and plaintiff service awards.

On September 12, 2019, the plaintiffs moved for final approval of the settlement and the appointment of a special master. After a fairness hearing, on September 30, 2019, the court issued an order approving the settlement and appointing a special master to make decisions in the administration and enforcement of the settlement agreement. Final judgment was entered on October 1, 2019. Under the terms of the settlement agreement, the City was required to (i) perform a survey of all City corners at street segments with sidewalks to identify the number and types of curb ramps at each corner as well as missing curb ramps or curb ramps not in compliance with regulations; (ii) when performing construction or alteration of its roadways or pedestrian facilities, install missing curb ramps and remediate ramps not in compliance with federal or state disability access standards; (iii) starting in 2018, install a minimum of 1,100 compliant curb ramps per calendar year, through the term of the settlement agreement (up to 14 years); (iv) provide class counsel and the Special Master with an annual report; and (v) retain an independent inspector to annually survey a random sampling of curb ramps.

The court retained jurisdiction to enforce the terms of the settlement agreement for the agreement’s term—the lesser of (i) 14 years from January 1, 2018 or (ii) until the City had submitted annual reports identifying a total of at least 15,400 curb ramps installed by the City, and the independent inspector submitted a final report confirming that the City had installed all compliant ramps required by the settlement agreement. Each named plaintiff received $5000, and their counsel received $145,000 in attorneys’ fees. The City was also required to pay $40,000 in attorneys’ fees connected to monitoring of the settlement agreement.

Summary Authors

Kady Matsuzaki (4/6/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14767259/parties/king-v-city-of-colorado-springs/


Judge(s)

Kane, John L. (Colorado)

Attorney for Plaintiff

Ballart, Elizabeth A. (Colorado)

Campins, Julia (Colorado)

Fox, Timothy Patrick (Colorado)

Attorney for Defendant

Doherty, Ryan Douglas (Colorado)

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Documents in the Clearinghouse

Document
1

1:19-cv-00829

Complaint

March 20, 2019

March 20, 2019

Complaint
7

1:19-cv-00829

Order Granting Unopposed Motion for Class Certification for Settlement Purposes Only, Appointment of Class Counsel, and Preliminary Approval of Proposed Class Settlement

March 22, 2019

March 22, 2019

Order/Opinion
18

1:19-cv-00829

Order Approving Settlement and Final Judgment

Sept. 30, 2019

Sept. 30, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14767259/king-v-city-of-colorado-springs/

Last updated March 10, 2024, 4:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Colorado Springs (Filing fee $ 400,Receipt Number 1082-6591236)Attorney Timothy Patrick Fox added to party Sharon King (pty:pla), Attorney Timothy Patrick Fox added to party Paul Spotts(pty:pla), filed by Sharon King, Paul Spotts. (Attachments: # 1 Exhibit, # 2 Summons, # 3 Civil Cover Sheet)(Fox, Timothy) (Entered: 03/20/2019)

1 Exhibit

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2 Summons

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3 Civil Cover Sheet

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March 20, 2019

March 20, 2019

Clearinghouse
2

Case assigned to Judge John L. Kane and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rvill, ) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
3

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (rvill, ) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
4

WAIVER OF SERVICE Returned Executed by Sharon King, Paul Spotts. City of Colorado Springs waiver sent on 3/20/2019, answer due 5/20/2019. (Fox, Timothy) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
5

Unopposed MOTION to Certify Class for Settlement Purposes Only, Appointment of Class Counsel, and Preliminary Approval of Proposed Class Settlement by Plaintiffs Sharon King, Paul Spotts. (Attachments: # 1 Declaration of Timothy Fox in Support of Motion, # 2 Proposed Order (PDF Only) (Fox, Timothy) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER
6

CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Sharon King, Paul Spotts All parties do not consent.. (Fox, Timothy) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
7

ORDER granting 5 Unopposed Motion for Class Certification for Settlement Purposes Only, Appointment of Class Counsel, and Preliminary Approval of Proposed Class Settlement. City and Plaintiffs' Counsel Post Notices on Website on or before April 1, 2019. Plaintiffs Distribute Notice to Organizations on or before April 1, 2019. Deadline for Plaintiffs to file Motion for Attorney Fees, Expenses, and Costs and Application for Service Awards to Named Plaintiffs on or before July 10, 2019. Deadline for Objections by Class Members on or before July 18, 2019. Deadline for Class Counsel and/or City to respond to any timely-filed objections on or before August 8, 2019. Fairness Hearing set Wednesday, August 21, 2019, at 10:30 a.m. ORDERED by Judge John L. Kane on 3/22/2019. (Attachments: # 1 Exhibit)(cthom, ) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

Clearinghouse
8

Unopposed MOTION for Attorney Fees by Plaintiffs Sharon King, Paul Spotts. (Attachments: # 1 Declaration of Timothy P. Fox, # 2 Declaration of Julia Campins, # 3 Declaration of Darold W. Killmer)(Fox, Timothy) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
9

Unopposed MOTION for Order to Award Class Representatives' Service Awards by Plaintiffs Sharon King, Paul Spotts. (Attachments: # 1 Declaration of Sharon King, # 2 Declaration of Paul Spotts)(Fox, Timothy) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
10

Unopposed MOTION for Extension of Time to Meet Class Notice Deadlines and Continue Final Approval Hearing by Plaintiffs Sharon King, Paul Spotts. (Attachments: # 1 Revised Notice to Class)(Fox, Timothy) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
11

NOTICE of Entry of Appearance by Lindsay Moore Rose on behalf of City of Colorado SpringsAttorney Lindsay Moore Rose added to party City of Colorado Springs(pty:dft) (Rose, Lindsay) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER

Order on Motion for Extension of Time to File

July 30, 2019

July 30, 2019

PACER
12

NOTICE of Entry of Appearance by Tracy Miller Lessig on behalf of City of Colorado SpringsAttorney Tracy Miller Lessig added to party City of Colorado Springs(pty:dft) (Lessig, Tracy) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
13

ORDER granting 10 Unopposed Motion to Extend Class Notice Deadlines and Continue Final Approval Hearing. The deadline to publish revised Notice is August 5, 2019; deadline for objections is September 6, 2019; deadline to file Motion for Final Approval is September 13, 2019. The Final Fairness hearing scheduled for August 21, 2019, at 10:30 a.m. is VACATED and reset to September 27, 2019, at 10:30 a.m, Courtroom A802 before Judge John L. Kane. Ordered by Judge John L. Kane on 7/30/2019. Text Only Entry(jlksec) Modified on 7/30/2019 to add court time. (sphil, ). (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
14

NOTICE of Entry of Appearance by Julia Campins on behalf of Sharon King, Paul SpottsAttorney Julia Campins added to party Sharon King (pty:pla), Attorney Julia Campins added to party Paul Spotts(pty:pla) (Campins, Julia) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
15

NOTICE of Objection by Plaintiffs Sharon King, Paul Spotts (Attachments: # 1 Objection of Class Member)(Fox, Timothy) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
16

Joint MOTION for Order to Grant Final Approval of Class Settlement and Appoint Special Master by Plaintiffs Sharon King, Paul Spotts. (Attachments: # 1 Proposed Order (PDF Only), # 2 Declaration of Timothy P. Fox, # 3 Declaration of Julie Smith, # 4 Declaration of William G. Meyer)(Fox, Timothy) (Entered: 09/12/2019)

1 Proposed Order (PDF Only)

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2 Declaration of Timothy P. Fox

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3 Declaration of Julie Smith

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4 Declaration of William G. Meyer

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Sept. 12, 2019

Sept. 12, 2019

RECAP
17

MINUTE ENTRY for In Court Hearing proceedings held before Judge John L. Kane on 9/27/2019. Granting 8 Motion for Attorney Fees; Granting 9 Motion for Order; Granting 16 Motion for Order. ORDERED: Notice of Objection 15 is OVERRULED. Court Reporter: Tracy Weir. (babia) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
18

ORDER re: 16 Joint MOTION for Order to Grant Final Approval of Class Settlement and Appoint Special Master by Plaintiffs Sharon King, Paul Spotts, by Judge John L. Kane on 9/30/2019. (babia) Modified on 10/1/2019 to reflect correct motion (babia). (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

Clearinghouse
19

FINAL JUDGMENT by Clerk re: 18 Order. Civil Case Terminated by Judge John L. Kane on 10/1/2019. (babia) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

RECAP
20

Joint STATUS REPORT by Plaintiffs Sharon King, Paul Spotts. (Fox, Timothy) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER
21

NOTICE of Change of Address/Contact Information for Civil Rights Education and Enforcement Center by Timothy Patrick Fox (Fox, Timothy) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
22

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 21 Notice of Change of Address/Contact Information filed by attorneyTimothy P. Fox. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (evana, ) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
23

Joint STATUS REPORT by Defendant City of Colorado Springs. (Rose, Lindsay) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
24

Joint STATUS REPORT by Defendant City of Colorado Springs. (Rose, Lindsay) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
25

MOTION to Substitute Party by Plaintiffs Sharon King, Paul Spotts. (Ballart, Elizabeth) . (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
26

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 25 Notice of Substitution of Counsel filed by Attorney Elizabeth Ballart. The document is filed incorrectly. REFILE THE DOCUMENT. Action to take - The attorney Timothy Patrick Fox must file a Motion to Withdraw on his own from this case, not another attorney from the same law firm. (Text Only Entry) (angar, ) (Entered: 02/03/2022)

Feb. 3, 2022

Feb. 3, 2022

PACER
27

Joint STATUS REPORT by Plaintiffs Sharon King, Paul Spotts. (Ballart, Elizabeth) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER
28

MOTION to Withdraw as Attorney by Plaintiffs Sharon King, Paul Spotts. (Ballart, Elizabeth) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
29

MINUTE ORDER granting 28 Motion to Withdraw Appearance of Elizabeth Ballart. Attorney Elizabeth A. Ballart is withdrawn and her NEFs terminated. Ordered by Judge John L. Kane on 12/06/2022. Text Only Entry(angar, ) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER

Order on Motion to Withdraw as Attorney

Dec. 6, 2022

Dec. 6, 2022

PACER
30

MOTION to Withdraw and for Substitution of Counsel by Defendant City of Colorado Springs. (Rose, Lindsay) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER

Order on Motion to Withdraw

June 5, 2023

June 5, 2023

PACER
31

Minute Order granting 30 Motion to Withdraw and for Substitution of Counsel. Attorney Lindsay Moore Rose is withdrawn and her NEFs terminated, by Judge John L. Kane on 6/5/2023. Text Only Entry(angar, ) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
32

First MOTION for Leave to Appear by Plaintiffs Sharon King, Paul Spotts. (Thorstad, Katherine) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

PACER
33

ADVISORY NOTICE: re: 32 Entry of Appearance. The document is incorrectly filed as a Motion. DO NOT REFILE THE DOCUMENT. Action to take - Future filings should use the proper event in CM/ECF. Please refer to the Electronic Case Filing User Manual found on the court's website. Text Only Entry(angar, ) (Entered: 06/14/2023)

June 14, 2023

June 14, 2023

PACER

Order on Motion for Leave to Appear

June 14, 2023

June 14, 2023

PACER
34

Joint STATUS REPORT by Plaintiffs Sharon King, Paul Spotts. (Thorstad, Katherine) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Key Dates

Filing Date: March 20, 2019

Closing Date: Oct. 1, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two individuals with mobility disabilities

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

City of Colorado Springs (Colorado Springs), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State Anti-Discrimination Law

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2018 - 2032

Issues

General/Misc.:

Access to public accommodations - governmental

Buildings

Road construction

Disability and Disability Rights:

disability, unspecified

Sidewalks