Legal Opinion

Howard Ex Rel. Howard v. Cherry Hills Cutters, Inc.

District Court, D. Colorado

Decided October 8, 1997No. Civ. A. 95-K-2164PublishedCited by 1 opinion

1Opinion of the Court

KANE, Senior District Judge.

Rachel Howard is a young girl with a genetic disorder known as cri du chat. Her father initiated this action on her behalf in 1995, seeking an award of damages under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12181 et seq., as well as under several state law theories of relief. I dismissed the ADA claim in a written order dated September 6,1996, concluding Title III of the ADA did not provide for a private cause of action for damages. I did so without prejudice to Howard amending his Complaint to request injunctive, rather than monetary,…

2Cases cited4 opinions

  1. Guckenberger v. Boston UniversityDistrict Court, D. Massachusetts · 1997
  2. Aikins v. St. Helena HospitalDistrict Court, N.D. California · 1994
  3. White v. Denny's Inc.District Court, D. Colorado · 1996
  4. Allen v. Board of EducationCourt of Appeals for the Tenth Circuit · 1995

3Cited by1 opinion

  1. Civil Rights Education & Enforcement Center v. Sage Hospitality Resources LLCDistrict Court, D. Colorado · 2016

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