IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

COMPLAINT AND REQUEST FOR JURY TRIAL

THE UNITED STATES OF AMERICA alleges the following:

NATURE OF THE ACTION

1. This action is brought by the United States (hereinafter Plaintiff), against Defendants Pikes Peak Youth Sports Association, LLC and Peak Youth Sports Association (hereinafter Defendants), to enforce Title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-89, as amended, and its implementing regulation, 28 C.F.R. Part 36.

2. The Attorney General has commenced this action based on a determination that a person or group of persons has been discriminated against and that such discrimination raises an issue of general public importance.  42 U.S.C. § 12188(b)(1)(B).  The United States seeks declaratory and injunctive relief, compensatory damages, and a civil penalty against Defendants.
   
   

JURISDICTION AND VENUE

3. This Court has jurisdiction over this action pursuant to 42 U.S.C. § 12188(b)(1)(B) and 28 U.S.C. §§ 1331 and 1345.  The Court may grant equitable relief, monetary damages, and a civil penalty pursuant to 42 U.S.C. § 12188(b)(2).  

4. Venue is proper in the District of Colorado pursuant to 28 U.S.C. § 1391(b)(1) because Defendants reside in this district.  Venue is further proper in the District of Colorado pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to this claim occurred in this district.

PARTIES

5. Plaintiff is the United States of America.
6. Defendants are Pikes Peak Youth Sports Association, LLC, and Peak Youth Sports Association.

FACTUAL ALLEGATIONS

7. B.K. is a nine year old boy.  When he was 18 months old, he was diagnosed with bone dysplasia, also known as dwarfism.  This is a genetic condition that affects the musculoskeletal system and substantially limits normal bone cell growth.  The manifestations of B.K.’s genetic condition include joint pain, fatigue, a waddling walk, and short stature. 
8. B.K. is an individual with a disability within the meaning of 42 U.S.C. § 12102.
9. Defendant Pikes Peak Youth Sports Association, LLC is a limited liability company formed in the State of Colorado.  At all times relevant to the events giving rise to this claim, until August 2014, Pikes Peak Youth Sports Association, LLC operated a state-wide youth wrestling league under the name “Pikes Peak Wrestling League” (hereinafter PPWL). 
10. PPWL’s aim is to “develop the youth into quality wrestlers through club development, high quality competition and regular training events.”  See http://www.pikespeakwrestling.com.  Over eighty wrestling clubs, located across the state of Colorado, are registered with PPWL.  PPWL runs over thirty regular season tournaments from October through February, culminating in an annual state championship held in late February or early March.  At all times relevant to the events giving rise to this claim, Jeremy Eide served as the President of PPWL.

11. Defendant Peak Youth Sports Association is a nonprofit corporation formed in the State of Colorado.  In August 2014, there was a “de facto” merger between Peak Youth Sports Association and Pikes Peak Youth Sports Association, LLC.  At that time, Peak Youth Sports Association assumed all of the operations of Pikes Peak Youth Sports Association, LLC.  Specifically, Peak Youth Sports Association began operating PPWL.  Jeremy Eide is the registered agent and only employee of both Defendants.  Mr. Eide operates Peak Youth Sports Association from the same location that he operated Pikes Peak Youth Sports Association, LLC.  Pikes Peak Youth Sports Association, LLC’s assets have transferred to Peak Youth Sports Association.  Peak Youth Sports Association is a successor to Pikes Peak Youth Sports Association, LLC.  Pikes Peak Youth Sports Association, LLC does not currently conduct any business, but it remains a registered business with the Colorado Secretary of State. 
12. Defendants are public accommodations within the meaning of 42 U.S.C. § 12181(7) and 28 C.F.R. § 36.104 because they are private entities that own, lease (or lease to), or operate a place of public accommodation.    

13. In the fall of 2013, B.K. joined the Thunder-Discovery Canyon Wrestling Club, which is registered with PPWL.  B.K. had turned seven years old in August 2013 and weighed approximately 34 pounds.  B.K.’s doctor had cleared him to wrestle against children of a similar weight. 

14. At all PPWL tournaments, wrestlers compete in age divisions, ranging from “4 and Under” to “15 and Under.” 
15. For wrestlers competing in PPWL tournaments, the age division in which they compete is determined by their age as of September 1.  By age, B.K. would have been in PPWL’s “8 and Under” age division for the 2013-2014 wrestling season.

16. There are two purposes for PPWL’s age divisions: (1) to enable children to participate in a safe and sportsmanlike environment; and (2) to assist in promoting a level playing field among athletes of similar age, size, ability, and biological maturity. 

17. PPWL does not have a written reasonable accommodation policy. 
18. Before B.K. competed in his first regular season PPWL tournament, the coach of the Thunder-Discovery Canyon Wrestling Club contacted Jeremy Eide to ask if B.K. could compete in the “6 and Under” age division, even though he was seven years old, because there would be no one else in the “8 and Under” age division close to B.K.’s weight.  Mr. Eide granted this request, and B.K. competed in three regular season PPWL tournaments in the “6 and Under” age division.
19. B.K. planned to compete in PPWL’s 2014 State Wrestling Championship, scheduled for March 1-2, 2014 in Castle Rock, Colorado.

20. At PPWL’s state tournaments, unlike at its regular season tournaments, PPWL sets predetermined weight classes within each age division.  For the “6 and Under” age division, the lowest weight class is 37 pounds and under.  For the “8 and Under” age division, the lowest weight class is 45 pounds and under.

21. Jeremy Eide was the Tournament Director of PPWL’s 2014 State Wrestling Championship.  In that capacity, he had the authority to determine in which age division wrestlers competed.

22. On February 25, 2014, B.K.’s mother sent Mr. Eide an e-mail.  In that e-mail, she informed Mr. Eide that B.K. has a disability that affects his size.  She informed him that B.K. weighed 34 pounds and was born within 30 days of the September 1, 2006 cutoff date for the “6 and Under” age division.  She asked him to make a reasonable accommodation to allow B.K. to compete in the “6 and Under,” 37 pound weight class at PPWL’s 2014 State Wrestling Championship.  B.K.’s mother made this request based on the fact that B.K.’s doctor had cleared him to wrestle children of a similar weight.
23. On February 25, 2014, Mr. Eide sent B.K.’s mother an e-mail, informing her that he would not allow B.K. to compete in the “6 and Under” age division at PPWL’s 2014 State Wrestling Championship. 

24. On February 27, 2014, B.K.’s mother sent Mr. Eide another e-mail.  In that e-mail, she stated that she and her husband feel it is “physically dangerous” for their son to compete in the “8 and Under” age division at the state championship.  She also stated that the ADA requires businesses to make accommodations for people with disabilities.  She asked him to respond with his final decision.

25. Mr. Eide did not respond to B.K.’s mother’s February 27, 2014 e-mail.
26. On March 1, 2014, B.K. and his father went to PPWL’s 2014 State Wrestling Tournament hoping B.K. would be placed in the “6 and Under” age division.  When B.K.’s name was called for the “8 and Under” age division, and it was apparent that his request would not be granted, B.K. and his father left.    

CLAIM FOR RELIEF

27. Plaintiff incorporates herein the allegations contained in Paragraphs 1- 26.
28. Defendants discriminated on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations in violation of Title III of the ADA, 42 U.S.C. § 12182(a) and the Title III implementing regulation at 28 C.F.R. Part 36, by failing to make reasonable modifications in their policies, practices, or procedures, when such modifications were necessary to afford their goods, services, facilities, privileges, advantages, or accommodations to B.K., and would not have fundamentally altered the nature of Defendants’ goods, services, facilities, privileges, advantages, or accommodations, in violation of 42 U.S.C. § 12182(b)(2)(A)(ii) and its implementing regulation 28 C.F.R. § 36.302.

29. B.K. suffered damages as a result of Defendants’ violation of 42 U.S.C. §§ 12182(a) and 12182(b)(2)(A)(ii).  B.K. is a “person aggrieved” pursuant to 42 U.S.C. § 12188(b)(2)(B).

PRAYER FOR RELIEF

WHEREFORE, the United States prays that this Court:

1. Grant judgment in favor of the United States and declare that Defendants violated Title III of the ADA, 42 U.S.C. §§ 12181-89, as amended, and its implementing regulation, 28 C.F.R. Part 36;

2. Enjoin Defendants, their officers, agents, employees, and all others in concert or participation with them, from engaging in discrimination against individuals with disabilities, and specifically from failing to comply with Title III of the ADA, 42 U.S.C. §§ 12181-89, as amended, and its implementing regulation, 28 C.F.R. Part 36;

3. Award compensatory damages, including damages for pain, suffering, and emotional distress, to B.K. for injuries suffered as the result of Defendants’ violations of Title III of the ADA, 42 U.S.C. §§ 12181-89, as amended, and its implementing regulation, 28 C.F.R. Part 36;

4. Assess a civil penalty against Defendants, pursuant to 42 U.S.C. § 12188(b) (2)(C), to vindicate the public interest; and
5. Order such other appropriate relief as the interests of justice may require.

Respectfully submitted this 29th day of October, 2015.