Advocacy & Legal

Advocacy

 

Statehouse Report

The Statehouse Report is published every Monday during the Legislative Session. New episodes will not be airing during the current legislative adjournment. 

 

 Bill List

Click here for a list of bills that are or will be appearing before the Colorado General Assembly. 

This list will be updated weekly during the Legislative Session.

Position Papers

CML produces position papers on bills throughout the legislative session. Click here to view.

 

Legislative Priorities

 

Legislative Kickoff Webinar

Check out the recording of our Legislative Kickoff Webinar for information on CML's legislative priorities and session information.

 

Legislative Matters


Twice before, the General Assembly has considered legislation that purported to allow local governments (municipalities and counties) in Colorado the ability to set a minimum wage different than the state minimum wage. Each time, the legislation failed in a split legislature. In 2019, a different outcome is likely.

Read Legislative Matters

Legal

 

Spotlight Case


By Laurel Witt, CML Associate Counsel


Federal District Court rules on Sidewalk Liability under ADA Title II

In a February 21 ruling in the ongoing case of Hamer v. City of Trinidad, U.S. Magistrate Judge Nina Wang held for the first time in the Tenth Circuit that municipal sidewalks are among the “public services, programs, or activities” covered by Title II of the Americans with Disabilities Act. Last year in the same case, the Tenth Circuit Court of Appeals held that each day a “program, service or activity” remains out of compliance with Title II of the ADA constitutes a “repeated violation,” essentially preventing the statute of limitation from running as long as the violation continues to exist. Hamer v. City of Trinidad, 924 F.3d 1093 (10th Cir. 2019); cert. denied (2019)(CML, with the assistance of the Colorado Springs City Attorney’s Office, participated as amicus in this case).

The degree to which municipal sidewalks should be treated as a “service” under Title II continues to be an unsettled question throughout the U.S., particularly in regard to the duty municipalities may or may not have to address any supposed deficiency in their sidewalk systems that predated the adoption of the ADA in 1992. The February ruling in the Trinidad case also left open the question of whether or not the specific remedies sought by the plaintiff would impose an “undue burden” on the city.  Whenever a plaintiff seeks specific changes to any program or service under Title II, municipalities may argue that certain accommodations would cause an “undue burden.”

The parties in Hamer v. City of Trinidad are currently in negotiations over next steps in the case. CML continues to stay actively involved on this important issue.

Read Judge Wang’s order on motions for summary judgment. 

 

Amicus Update


By Laurel Witt, CML Associate Counsel


Federal District Court rules on Sidewalk Liability under ADA Title II

In a February 21 ruling in the ongoing case of Hamer v. City of Trinidad, U.S. Magistrate Judge Nina Wang held for the first time in the Tenth Circuit that municipal sidewalks are among the “public services, programs, or activities” covered by Title II of the Americans with Disabilities Act. Last year in the same case, the Tenth Circuit Court of Appeals held that each day a “program, service or activity” remains out of compliance with Title II of the ADA constitutes a “repeated violation,” essentially preventing the statute of limitation from running as long as the violation continues to exist. Hamer v. City of Trinidad, 924 F.3d 1093 (10th Cir. 2019); cert. denied (2019)(CML, with the assistance of the Colorado Springs City Attorney’s Office, participated as amicus in this case).

The degree to which municipal sidewalks should be treated as a “service” under Title II continues to be an unsettled question throughout the U.S., particularly in regard to the duty municipalities may or may not have to address any supposed deficiency in their sidewalk systems that predated the adoption of the ADA in 1992. The February ruling in the Trinidad case also left open the question of whether or not the specific remedies sought by the plaintiff would impose an “undue burden” on the city.  Whenever a plaintiff seeks specific changes to any program or service under Title II, municipalities may argue that certain accommodations would cause an “undue burden.”

The parties in Hamer v. City of Trinidad are currently in negotiations over next steps in the case. CML continues to stay actively involved on this important issue.

Read Judge Wang’s order on motions for summary judgment. 

 

New in the Courts


By Laurel Witt, CML Associate Counsel


Federal District Court rules on Sidewalk Liability under ADA Title II

In a February 21 ruling in the ongoing case of Hamer v. City of Trinidad, U.S. Magistrate Judge Nina Wang held for the first time in the Tenth Circuit that municipal sidewalks are among the “public services, programs, or activities” covered by Title II of the Americans with Disabilities Act. Last year in the same case, the Tenth Circuit Court of Appeals held that each day a “program, service or activity” remains out of compliance with Title II of the ADA constitutes a “repeated violation,” essentially preventing the statute of limitation from running as long as the violation continues to exist. Hamer v. City of Trinidad, 924 F.3d 1093 (10th Cir. 2019); cert. denied (2019)(CML, with the assistance of the Colorado Springs City Attorney’s Office, participated as amicus in this case).

The degree to which municipal sidewalks should be treated as a “service” under Title II continues to be an unsettled question throughout the U.S., particularly in regard to the duty municipalities may or may not have to address any supposed deficiency in their sidewalk systems that predated the adoption of the ADA in 1992. The February ruling in the Trinidad case also left open the question of whether or not the specific remedies sought by the plaintiff would impose an “undue burden” on the city.  Whenever a plaintiff seeks specific changes to any program or service under Title II, municipalities may argue that certain accommodations would cause an “undue burden.”

The parties in Hamer v. City of Trinidad are currently in negotiations over next steps in the case. CML continues to stay actively involved on this important issue.

Read Judge Wang’s order on motions for summary judgment. 

 

2019 Laws Enacted is Available

2019 Colorado Laws Enacted Affecting Municipal Governments

Each year, CML analyzes the laws passed by the Colorado General Assembly that affect cities and towns, and compiles that information into the publication, Colorado Laws Enacted Affecting Municipalities. The 2019 edition is now available; previous years also are available for free online.

Learn More