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.