Tenth Circuit Review of Exhaustion of Remedies in Title III ADA Cases (Amicus Support)


Lillard v. Sunflower Farmers Market, Inc., 12-cv-01497-JLK


In Title III ADA cases, the question is whether the Plaintiff must provide notice of the claimed violation to a state civil rights organization before filing a lawsuit. The Tenth Circuit ruled that the filing of such a notice is mandatory before a lawsuit may be filed. Plaintiffs challenge that postion claiming that a plain reading of the statute makes clear a plaintiff may file a lawsuit without exhausting state administrative remedies. 


Before the appeal concluded, the individual parties reached a settlement agreement.  No appellate briefs were filed. 

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