C.R.S. § 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(II) Repealed.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(I) Repealed.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.