City of Denver and Concert Promoters Settle Claims They Overcharged for Wheelchair-Accessible Seating at Red Rocks Amphitheatre

The U.S. Attorney’s Office for the District of Colorado announced Aug. 8 the U.S. has resolved a discrimination claim under the Americans with Disabilities Act against the City and County of Denver and concert promoters Live Nation, AEG and PBS12.

The Department of Justice received a complaint that wheelchair-accessible seats for concerts held at Red Rocks Amphitheatre were more expensive than tickets for non-accessible seats, according to the news release. The U.S. Attorney’s Office said it investigated the complaint and alleged the City and County of Denver, which owns Red Rocks, and concert promoters, which contracted with Denver to host events, violated the ADA by charging more for wheelchair-accessible seats than was allowed under ADA regulations. 

There are 121 wheelchair-accessible seats available for each Red Rocks event, according to the news release. The U.S. alleged that, between 2018 and 2020, concertgoers who used wheelchairs, and their guests, were charged $47,950.90 more for those seats than was permitted by ADA regulations. The U.S. alleged that, in total, Denver and concert promoters overcharged for 1,817 tickets at 178 events held at Red Rocks, according to the news release. 

According to the U.S. Attorney’s Office, to resolve the complaint, Denver agreed to set aside $47,950.90 to refund individuals who were overcharged for wheelchair-accessible tickets. Denver has implemented a system to ensure that wheelchair-accessible tickets are priced in accordance with ADA regulations. Live Nation, AEG and PBS12 each paid a civil penalty to the U.S., the news release stated. 

“Red Rocks is an iconic concert venue, and people with disabilities who attend events and watch their favorite bands there should not be unfairly overcharged for wheelchair-accessible seating,” Matt Kirsch, attorney for the U.S., said in the news release. “This agreement reflects our commitment to enforcing the Americans with Disabilities Act, which requires equal treatment for people with disabilities.” 

The case was handled by Assistant U.S. Attorney Zeyen Wu. The U.S. Attorney’s Office said in its Aug. 8 news release that this agreement isn’t an admission of any violation or liability by the City and County of Denver.

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