§ 24-34-802 — Violations - penalties - immunity

(1) (a) It is a discriminatory
practice and unlawful for any person, as defined in section 24-34-301, to
discriminate against an individual or group of individuals because the person has
opposed any practice, made a discriminatory practice based on disability pursuant
to part 5, 6, or 8 of this article 34, or because the person has made a charge,
testified, assisted, or participated in any manner in an investigation, proceeding, or
hearing conducted pursuant to part 5, 6, or 8 of this article 34.

(b) An individual with a disability, as defined in section 24-34-301, must not,
by reason of the individual's disability, be excluded from participation in or be
denied the benefits of services, programs, or activities provided by a place of public
accommodation, as defined in section 24-34-600.3 (1); a public entity, as defined in
section 24-34-301; or a state agency, as defined in section 24-37.5-102, or be
subjected to discrimination by any such place of public accommodation, public
entity, or state agency.

(c) (I) Except as provided in subsection (1)(c)(II) of this section, discrimination
pursuant to this section includes the failure of a public entity or state agency, as
those terms are defined in section 24-34-301, to fully comply, on or before July 1,
2024, with the accessibility standards for individuals with a disability established by
the office of information technology pursuant to section 24-85-103. Liability for
noncompliance as to content lies with the public entity or state agency that
manages the content. Liability for noncompliance of the platform hosting the
content lies with the public entity or state agency that manages the platform.

(II) Repealed.

(2) (a) An individual with a disability, as defined in section 24-34-301, who is
subject to a violation of subsection (1)(c) of this section or of section 24-34-502 or
24-34-502.2 based on the individual's disability may bring a civil suit in a court of
competent jurisdiction and is entitled to a court order requiring compliance with the
provisions of the applicable section and either of the following remedies:

(I) Repealed.

(II) The recovery of actual monetary damages; or

(III) A statutory fine of three thousand five hundred dollars, payable to each
plaintiff for each violation.

(b) For a claim brought pursuant to section 24-85-103 for a violation of
accessibility standards, the violation must be considered a single incident and not
as separate violations if the violation occurred on a single digital product, including
a website or an application.

(c) and (d) Repealed.

(3) An award of attorney fees and costs pursuant to section 24-34-505.6
(6)(b) applies to claims brought pursuant to this section.

(4) Repealed.

(5) An agency in the state with the authority to promulgate rules related to
protections for persons with disabilities shall not promulgate a rule that provides
less protection than that provided by the federal Americans with Disabilities Act of
1990, 42 U.S.C. sec. 12101 et seq., as amended.

Legislative History

Source: L. 79: Entire part R&RE, p. 940, � 3, effective July 1. L. 95: Entire section amended, p. 321, � 2, effective August 7. L. 2014: Entire section R&RE, (SB 14-118), ch. 250, p. 980, � 11, effective August 6. L. 2021: (1), IP(2)(a), and (2)(a)(III) amended and (5) added, (HB 21-1110), ch. 402, p. 2675, � 2, effective June 30. L. 2023: (1)(c) and (2) amended, (SB 23-244), ch. 100, p. 370, � 3, effective April 20; (1)(b) and IP(2)(a) amended and (2)(a)(I) repealed, (HB 23-1032), ch. 271, p. 1613, � 2, effective May 25; (1)(b) and IP(2)(a) amended, (HB 23-1296), ch. 269, p. 1600, � 6, effective May 25. L. 2024: (1)(c) amended, (HB 24-1454), ch. 255, p. 1676, � 2, effective May 24. L. 2025: (1)(b) amended, (SB 25-275), ch. 377, p. 2064, � 157, effective August 6; IP(2)(a) amended and (2)(c), (2)(d), and (4) repealed, (HB 25-1239), ch. 232, p. 1101, � 5, effective August 6.