United States Tenth Circuit

Under Title III of the ADA, a plaintiff must initially present evidence tending to show that the suggested method of barrier removal is readily achievable under the particular circumstances, and the defendant bears the ultimate burden of persuasion that barrier removal is not.

Appellate Information

• Decided 08/29/2001
• Published 08/29/2001

Judges

• BALDOCK, Circuit Judge., Before BRISCOE, BALDOCK, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Amy F. Robertson (Timothy P. Fox with her on the brief), of Fox & Robertson, Denver, CO, for Plaintiff-Appellant., Bill Lann Lee, Assistant Attorney General, Jessica Dunsay Silver and Thomas E. Chandler, Attorneys, United States Department of Justice, Washington, DC, filed a brief on behalf of the Amicus Curiae.


• For Appellees:
  
• Martin D. Beier (Joe L. Silver with him on the brief), of Silver & DeBoskey, Denver, CO, for Defendant-Appellee.