Colorado Cross-Disability Coalition, et al. Plaintiffs, v. Abercrombie & Fitch Co., et al., Defendants. - Statement of Interest on the Parties' Motions for Summary Judgment
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
Dated: June 26, 2012
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