DOJ ADA Lawsuit Settlement with City and County of Denver, Colorado
DOJ Logo
Today, the US Justice Department [DOJ] entered into a settlement agreement with the City and County of Denver, Colorado, under Title II of the Americans with Disabilities Act (ADA) to satisfy Denver’s obligation under an existing 2018 settlement agreement [2018 Agreement] to have an Independent Licensed Architect (ILA) survey facilities that the United States did not survey as part of its initial investigation and to enter into a supplemental settlement agreement with the United States to remedy alleged ADA violations identified by the United States.
Under the 4.5-year supplemental agreement identified as DJ #204-13-298, Denver will ensure that the 18 facilities covered by the agreement are accessible in compliance with Title II of the ADA and the applicable ADA Standards for Accessible Design. The facilities covered by the agreement include the Colorado Convention Center, several police and fire stations, a courthouse, a detention center, two theaters/auditoriums, an animal shelter, and several municipal buildings. Over 100 discrepancies were identified in these facilities.
The 2018 Agreement required Denver to:
hire an Independent Licensed Architect (“ILA”) to survey Denver’s facilities constructed or altered after January 26, 1992 and facilities that house Denver programs that the United States DOJ did not survey;
submit to the DOJ a report (“2020 ILA Report”) that lists deviations from the 1991 or 2010 ADA Standards for Accessible Design, or UFAS, at these facilities; and
enter into a supplemental agreement with the DOJ to correct any ADA violations at these facilities.
REMEDIAL ACTIONS
As a result of this settlement, Denver must do the following:
For each discrepancy Denver shall complete the remedial actions no later than the corresponding completion date to make the affected facilities accessible to and usable by individuals with disabilities.
Denver shall retain and bear all costs for an ILA to inspect each discrepancy after Denver completes the remedial action.
Within 60 days after January 7, 2022 and every one-year interval thereafter, Denver shall submit to the United States DOJ by email a written report, including a summary of its actions pursuant to this Agreement during the preceding one-year interval and ILA certifications and photographs.
This settlement represents a time and money consuming process that could have been avoided if the City and County of Denver had been proactive in their ADA compliance. Furthermore, if the State of Colorado had a top-down approach to ADA compliance that set an example for the cities and counties of Colorado it is possible this lengthy and expensive process would have been avoided.
………………………………………………………………………………………………………………………………………………………………………..