Tracy Harmon
The Pueblo Chieftain
When Wendy Kolbe was turned away from her appointment at a Pueblo doctor's office in 2016 because she was accompanied by her service dog, Bandit, she vowed to fight back.
For Kolbe, the fight lasted nearly six years, but on March 16, a federal jury in Denver awarded her a $20,000 settlement after finding Endocrine Services P.C. physician Dr. Agha Khan discriminated against her on the basis of her disability.
Endocrine Services is also prohibited from banning service animals and must modify its policies regarding service animals to comply with the Americans with Disabilities Act within 45 days of U.S. District Court Judge Raymond Moore's March 31 order.
The case was filed by co-plantiff Colorado Cross-Disability Coalition, a nonprofit civil rights legal program, and Kolbe's attorney, former Puebloan Andrew Montoya.
It stemmed from an incident on June 8, 2016, when Kolbe brought Bandit into the Endocrine Services office, 1303 Fortino Blvd., Suite A, for an appointment after her primary care physician referred her to the practice for help managing her diabetes.
Bandit, who was sitting quietly next to her as she filled out paperwork, is trained to alert Kolbe when her blood sugar is too high or too low. Khan refused to see Kolbe as long as Bandit was with her, so Kolbe left without treatment.
"He (Khan) had no right to yell at me like he did — he had no idea what was going on in my life. I was going through a divorce and battling my diabetes," Kolbe told The Chieftain.
Bandit "just lays there when he's working until he needs to alert me. He actually alerted me in court during the trial," Kolbe said, noting that the eight-person jury got to see Bandit in action.
Although COVID-19 concerns caused several delays in the case, Kolbe said she wasn't about to give up on the lawsuit.
"I wasn't going to give up and I was not going to back down. He definitely needs to change his policy," Kolbe said of Khan. "A lot of us are treated differently because of our disabilities and it is sad. It doesn't mean we are different than anybody else."
The jury found Endocrine Services violated both the Americans with Disabilities Act and the Colorado Anti-Discrimination Act but did not find that the doctor "intentionally discriminated" against Kolbe.
Because Kolbe and the Colorado Cross-Disability Coalition prevailed in the lawsuit, the judge is giving Montoya until April 29 to file a motion seeking payment of attorney's fees and court costs from Endocrine Services.
The Colorado Cross-Disability Coalition is based in Denver and advocates for people with all types of disabilities.
"It's very important to our organization to spread the word so others with disabilities know their rights and are empowered to take action if necessary," Montoya said.
Business owners can see the rules and regulations applicable to service animals at ada.gov.
Khan and his attorney, Michael Waters of Colorado Springs, did not return the Chieftain's request for comment by Monday afternoon.
The Pueblo Chieftain
When Wendy Kolbe was turned away from her appointment at a Pueblo doctor's office in 2016 because she was accompanied by her service dog, Bandit, she vowed to fight back.
For Kolbe, the fight lasted nearly six years, but on March 16, a federal jury in Denver awarded her a $20,000 settlement after finding Endocrine Services P.C. physician Dr. Agha Khan discriminated against her on the basis of her disability.
Endocrine Services is also prohibited from banning service animals and must modify its policies regarding service animals to comply with the Americans with Disabilities Act within 45 days of U.S. District Court Judge Raymond Moore's March 31 order.
The case was filed by co-plantiff Colorado Cross-Disability Coalition, a nonprofit civil rights legal program, and Kolbe's attorney, former Puebloan Andrew Montoya.
It stemmed from an incident on June 8, 2016, when Kolbe brought Bandit into the Endocrine Services office, 1303 Fortino Blvd., Suite A, for an appointment after her primary care physician referred her to the practice for help managing her diabetes.
Bandit, who was sitting quietly next to her as she filled out paperwork, is trained to alert Kolbe when her blood sugar is too high or too low. Khan refused to see Kolbe as long as Bandit was with her, so Kolbe left without treatment.
"He (Khan) had no right to yell at me like he did — he had no idea what was going on in my life. I was going through a divorce and battling my diabetes," Kolbe told The Chieftain.
Bandit "just lays there when he's working until he needs to alert me. He actually alerted me in court during the trial," Kolbe said, noting that the eight-person jury got to see Bandit in action.
Although COVID-19 concerns caused several delays in the case, Kolbe said she wasn't about to give up on the lawsuit.
"I wasn't going to give up and I was not going to back down. He definitely needs to change his policy," Kolbe said of Khan. "A lot of us are treated differently because of our disabilities and it is sad. It doesn't mean we are different than anybody else."
The jury found Endocrine Services violated both the Americans with Disabilities Act and the Colorado Anti-Discrimination Act but did not find that the doctor "intentionally discriminated" against Kolbe.
Because Kolbe and the Colorado Cross-Disability Coalition prevailed in the lawsuit, the judge is giving Montoya until April 29 to file a motion seeking payment of attorney's fees and court costs from Endocrine Services.
The Colorado Cross-Disability Coalition is based in Denver and advocates for people with all types of disabilities.
"It's very important to our organization to spread the word so others with disabilities know their rights and are empowered to take action if necessary," Montoya said.
Business owners can see the rules and regulations applicable to service animals at ada.gov.
Khan and his attorney, Michael Waters of Colorado Springs, did not return the Chieftain's request for comment by Monday afternoon.
