Hamer v. City of Trinidad, 924 F.3d 1093 (10th Cir. May 15. 2019)

The Tenth Circuit considered when and how a government entity violates Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act: whether only when it initially constructs or creates a non-compliant service, program, or activity; or repeatedly until it affirmatively acts to remedy the non-compliant service, program, or activity.  The court held it is the latter.  It then explained the differences between the continuing violation doctrine and repeated violations doctrine, holding the repeated violations doctrine applies to claims under these two statutes.  Under that doctrine, the statute of limitations bars recovery only for those injuries the plaintiff incurred outside of the limitations period immediately preceding the day of suit; it does not bar recovery for injuries the plaintiff suffered within the limitations period or after the plaintiff filed suit.