On July 26, 1990, then President George H.W. Bush signed the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101,
, into law, establishing the most important civil rights law for people with disabilities in our country’s history. 4.
One of the primary purposes of the ADA is to ensure that people with disabilities are not excluded from access to programs, services, and activities offered by public entities such as the CDOC and JCCB solely on the basis of their disability. 5.
Another primary purpose of the ADA is to ensure that people with disabilities receive accommodations to participate in the programs, services and activities, offered by public entities like CDOC and JCCB. 6.
The ADA also prohibits public accommodations, like the residential program operated by ICCS in Jefferson County, Colorado, from providing individuals who use wheelchairs for mobility with separate or unequal benefits or services. 7.
Section 504 of the Rehabilitation Act of 1973 guarantees that people with disabilities will not be excluded from participating in any program or activity, solely on the basis of their disability, by any entity that receives federal financial assistance. 8.
On information and belief, CDOC, JCCB, and ICCS receive federal funding for the operation of Colorado’s community corrections programs.
JURISDICTION AND VENUE
This action arises under the Constitution and laws of the United States, including Article III, Section 1 of the United States Constitution and 42 U.S.C. § 1983, 29 U.S.C. § 794 and 42 U.S.C. § 12101,
Jurisdiction is conferred on this Court pursuant to 28 U.S.C. §§