Law / United States / 
Colorado
Colorado public entity digital accessibility mandate and civil remedy (failure to meet the Office of Information Technology accessibility standards is disability discrimination)
C.R.S. sections 24-34-802(1)(c), 24-34-802(2) and 24-34-301(18)
In force since .
An accessibility requirements rule binding government bodies.
- Instrument type
- an act of a legislature
What it requires
- If you are a public entity (any state or local government, or any department, agency, special district, or other instrumentality of one), comply with the accessibility standards for individuals with a disability that the Office of Information Technology established under section 24-85-103; failing to do so after is disability discrimination (C.R.S. 24-34-802(1)(c)(I) and 24-34-301(18)).
- You are liable for noncompliance as to the content you manage and for noncompliance of the platform that hosts the content when you manage the platform (C.R.S. 24-34-802(1)(c)(I)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionYes
Statutory damages
A statutory fine of $3,500 payable to each plaintiff for each violation, or actual monetary damages (C.R.S. 24-34-802(2)(a)(II) and (III)).
- As of
- Currency
- USD
- Per person negligent
- 3,500
Who enforces it
Enforcement body
Private civil action in a court of competent jurisdiction by an individual with a disability under section 24-34-802(2)
What this law does
A public entity is any state or local government, or any department, agency, special district, or other instrumentality of a state or local government. An individual with a disability may not, by reason of the disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity or state agency, or be subjected to discrimination by one.
Discrimination under section 24-34-802 includes the failure of a public entity or state agency to fully comply, on or before , with the accessibility standards for individuals with a disability that the Office of Information Technology established under section 24-85-103.
Liability for noncompliance as to content lies with the public entity or state agency that manages the content, and liability for noncompliance of the platform hosting the content lies with the public entity or state agency that manages the platform. Until , a public entity or state agency was immune from liability for that violation if it demonstrated good faith efforts toward compliance or toward resolution of a complaint of noncompliance.
The good-faith immunity provision is repealed effective . An individual with a disability who is subject to the violation may bring a civil suit in a court of competent jurisdiction and is entitled to a court order requiring compliance and either actual monetary damages or a statutory fine of $3,500, payable to each plaintiff for each violation. An award of attorney fees and costs under section 24-34-505.6(6)(b) applies to claims brought under the section.
A claim brought under section 24-85-103 for a violation of accessibility standards is a single incident, and not separate violations, if the violation occurred on a single digital product, including a website or an application. A court that hears these civil suits applies the same standards and defenses that are available under the federal Americans with Disabilities Act.
When LexLint raises it
When your app profile says your app ships a consumer interface or ships a mobile app.
Back to the example · Lint your app
Page updated .