COLORADO CROSS DISABILITY v. ABERCROMBIE & FITCH

No. 13-1377.

765 F.3d 1205 (2014)

COLORADO CROSS-DISABILITY COALITION, a Colorado non-profit corporation; Anita Hansen; Julie Farrar, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, and Benjamin Hernandez; Robert Sirowitz; Joshua Stapen; Robin Stephens, Plaintiffs, v. ABERCROMBIE & FITCH CO.; Abercrombie & Fitch Stores, Inc.; J.M. Hollister LLC, d/b/a Hollister Co., Defendants-Appellants. United States of America; Legal Center for People With Disabilities and Older People; American Association of People With Disabilities; Center for Rights of Parents With Disabilities; Disability Rights and Advocates; Disability Rights Education and Defense Fund; Disability Rights Legal Center; Legal Aid Society — Employment Law Center; National Disability Rights Network; National Federation of the Blind, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 29, 2014.


Attorney(s) appearing for the Case

Mark A. Knueve (and Michael J. Ball of Vorys, Sater, Seymour and Pease, LLP, Columbus, OH; Gregory Alan Eurich and Joseph Neguse of Holland & Hart LLP, Denver, CO, on the briefs), for Defendants-Appellant.

Amy F. Robertson (and Timothy P. Fox of Civil Rights Education and Enforcement Center, Denver, CO; Bill Lann Lee of Lewis, Feinberg, Lee, Renaker & Jackson, PC, Oakland, CA; Kevin W. Williams and Andrew C. Montoya of Colorado Cross Disability Coalition, Denver, CO; Julia Campins and Hillary Benham-Baker of Campins, Benham-Baker, LLP, San Francisco, CA, on the brief), for Plaintiffs-Appellees.

Sasha Samberg-Champion , ( Jocelyn Samuels , Acting Assistant Attorney General, and Mark L. Gross , Department of Justice, Civil Rights Division, Appellate Section, on the brief), Washington, D.C., for Amicus Curiae United States of America.

Michelle Uzeta , Monrovia, CA, for Amici Curiae Legal Center for People With Disabilities and Older People, American Association of People with Disabilities, Center for Rights of Parents with Disabilities, Disability Rights Advocates, Disability Rights Education and Defense Fund, Disability Rights Legal Center, Legal Aid Society — Employment Law Center, National Disability Rights Network and National Federation of the Blind.

Before KELLY, TYMKOVICH, and McHUGH, Circuit Judges.


KELLY, Circuit Judge.

Defendants-Appellants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., and J.M. Hollister LLC, d/b/a Hollister Co. (collectively, Abercrombie)1 appeal from several orders by the district court holding that Hollister clothing stores violate the Americans with Disabilities Act (ADA). First, Abercrombie challenges the district court's holding that the Plaintiffs have Article III standing. See Colo...

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