More coverage of our Hollister case

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Anderson v. CDOC in the news

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Commendation from the City of Lancaster

We were very honored to receive commendations from the mayor of Lancaster, California for the recent settlement of our Title III class action against Burger King.  Since everyone likes a lawyer joke, and we spend a good deal of our time calling each other names, it’s extremely heartwarming to receive recognition like this.  Thanks, Lancaster and Mayor Parris!

Lancaster commendation - TimLancaster commendation - Amy



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Opening brief in our Taco Bell appeal

As our ADA Title III class action against Taco Bell neared its 10th anniversary,* Judge Hamilton reversed course and refused to enter the injunction she had ordered last year based on violations found in the 2007 summary judgment order and her 2011 findings of fact and conclusions of law.  We are appealing the refusal to enter the injunction under 28 U.S.C. § 1292(a)(1).  On Monday, we filed our opening brief on appeal.

Judge Hamilton’s ruling is especially frustrating in light of the age of the case, the fact that the Class has prevailed on basically every substantive issue, and the fact that the judge commented that it could take another ten years to get to the injunction.  This means — doing the math — that class members would have to wait through 20 years of litigation to get what federal law required ten years before the suit was filed and state law required twenty years before.


* Traditionally, it’s the tin anniversary; the modern version is apparently diamond jewelry.**  Can’t wait to see whether the Ninth Circuit bring us diamonds or tin!

** I get the sense that the “modern” list was created by the Jewelry Industrial Complex, which didn’t want you to wait until the 25th to start buying their products.  Or maybe it’s just anniversary inflation:  instead of fruit or flowers on your 4th, you get . . . appliances?



Settlement in the second Burger King Title III class action

On October 25, 2012, Judge Alsup approved the settlement of the second of two Title III class actions against Burger King Corp.   The first of these two cases was filed in 2008, alleging barriers at 96 restaurants.  The court was only willing to certify a class for each restaurant that one of the three named plaintiffs had patronized, totaling ten restaurants.  This ten-store class settled in 2010, and we filed a follow-on case — covering the remaining 86 restaurants — in 2011.

We have appreciated — and had a blast — working with some outstanding co-counsel, including Bill Lee, Mari Mayeda, Julia Campins, Andrew Lah, and Joshua Davidson.


Ruling in Anderson v. Colorado

On August 24, 2012, the judge issued his 40-page Final Order and Judgment in our Anderson case.   Mr. Anderson prevailed on his claim A for outdoor exercise, and in part on his claim for access to mental health care, though only under the 8th Amendment, not the ADA or Rehab Act.  The judge ruled for the state on his due process claims.  While we’re disappointed in the due process result, we’re very excited that our client will have regular outdoor exercise for the first time in 12 years.

And here at Fox & Robertson, we remain in awe of the incredible clinical profs Title and students at the DU Civil Rights Clinic who we co-counseled with:  Professors Laura Rovner and Brittany Glidden; and students Katy Hartigan, Maha Kamal, Brenden Desmond, Courtney Longtin, Matt Court, Lee Knox, Ashley Wheeland, and Patrick Curnalia.


Case news: a settlement, a DOJ statement of interest, and yet another brief

We’ve had a busy month at FoxRob world headquarters.   Late last month, the DOJ filed a Statement of Interest in our case against the decorative steps at the front world! of most Hollister stores.  We really appreciate the DOJ weighing in on the new 2010 Standards and making clear that the sort of separate access provided at Hollister stores does not comply.  We also filed a reply brief in support of our request for summary judgment.  At two pages, it was indeed a brief brief!

On July 2, we appeared before Judge Alsup seeking the go-ahead to issue notice and proceed toward approval of the settlement in the second phase of the Burger King case.  Here is a copy of the notice and here is a copy of the settlement agreement.   It was a short hearing, but gave us the opportunity 10 to hang with our awesome co-counsel and get some excellent wholesale mlb jerseys Vietnamese lunch arguments; after.

Finally, yesterday we filed the latest brief — along with six declarations and wholesale jerseys numerous supporting exhibits — in the never-ending saga of organizational and associational standing in our case against the City of Denver for failure to provide sign language interpreters to deaf arrestees wholesale mlb jerseys and detainees.  In this latest round, we also responded to the City’s last-minute (trial is scheduled to start September 4) attempt to Noise argue that they have new policies that make our wholesale mlb jerseys claims moot.  Unfortunately, their new policies wholesale nba jerseys are pretty incomplete, and do not come with any improvements in training, so it is very unlikely To… that they will result in real-world changes for deaf inmates.