THOMPSON v. COLORADO

No. 99-1045.

278 F.3d 1020 (2001)

Phoebe THOMPSON, Dean Ecoff, and Marcia E. Wade, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. State of COLORADO, Defendant-Appellant. United States of America, Intervenor.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing and Rehearing October 9, 2001.


Attorney(s) appearing for the Case

Stephen R. Senn, Peterson & Myers, P.A., Lakeland, FL (J. Davis Connor, Peterson & Myers, P.A., Lakeland, FL; Robert Antonello, Robert G. Fegers, Antonello, Fegers & CEA, Winter Haven, FL; Glen F. Gordon, John A. Purvis, William R. Gray, Purvis, Gray & Gordon, LLP, Boulder, CO, with him on the briefs), for Plaintiffs-Appellees.

Paul Farley, Special Assistant Attorney General, State of Colorado, (Ken Salazar, Attorney General, State of Colorado, with him on the briefs), Denver, CO, for Defendant-Appellant.

Jessica Dunsay Silver, Seth M. Galanter, Attorneys, Civil Rights Division, Department of Justice, Washington, DC, filed briefs on behalf of the Intervenor.

Before BRISCOE, Circuit Judge, REAVLEY, Senior Circuit Judge, and MURPHY, Circuit Judge.


As Amended on Denial of Rehearing and Rehearing En Banc October 9, 2001.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiffs-Appellees brought a class action suit against Defendant-Appellant State of Colorado ("Colorado"). Plaintiffs claimed that the fee charged by Colorado for handicapped parking placards violated the Americans with Disabilities Act of 1990 ("ADA") and implementing regulations. After stipulating to various facts, both parties moved...

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