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Colorado Cross-Disability Coalition, et al. Plaintiffs, v. Abercrombie & Fitch Co., et al., Defendants. - Statement of Interest on the Parties' Motions for Summary Judgment

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CONCLUSION

Defendants’ raised porches violate both the letter and the spirit of the ADA.  They embody precisely the kind of segregated, second-class treatment of people with disabilities the ADA was intended to combat.  They, in essence, send people with disabilities through the “back” door. 

As already held by this Court, the raised porches do not comply with the 1991 Standards. The raised porches also do not comply with the 2010 Standards because the revised public entrance provisions must be read as reaching the same outcome as the 1991 public entrance provisions.  In addition, because the porches, themselves, are part of the store space, they are, themselves, required to be accessible and to be on an accessible route.  For all the foregoing reasons, Defendants are in violation of title III of the ADA.   

Respectfully submitted,                                                         

THOMAS E. PEREZ

Assistant Attorney General

Civil Rights Division

 

EVE L. HILL

Senior Counselor to the Assistant Attorney General

 

GREGORY B. FRIEL, Acting Chief

KEVIN J. KIJEWSKI, Deputy Chief

SHEILA M. FORAN, Special Legal Counsel        

 

CERTIFICATE OF SERVICE

I hereby certify that on June 26, 2012, a copy of foregoing was filed electronically.  Notice of this filing will be sent by e-mail to all parties by operation of the Court’s electronic filing system.  Parties may access this filing through the Court’s CM/ECF System.

/s/ Nabina J. Sinha                                                                                                      

NABINA J. SINHA, Trial Attorney                                                         

Disability Rights Section                                   

Civil Rights Division                                                           

U.S. Department of Justice                                  

950 Pennsylvania Avenue, N.W. - NYA

Washington, D.C. 20530

Telephone:      (202) 616-2730

Facsimile:       (202) 305-9775

nabina.sinha@usdoj.gov       

 

Dated:  June 26, 2012    

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