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DENVER (AP) - A federal judge in Denver is considering an injunction after ruling that nearly 250 Abercrombie & Fitch Co. and J.M. Hollister LLC clothing stores are unfriendly to the disabled.

The judge agreed in March with the Colorado Cross-Disability Coalition that the retailers that cater to a hip, young clientele limited access for customers in wheelchairs.

He said the only remedy under the Americans With Disabilities Act is an order to fix the problems, and individuals can't be compensated.

The lawsuit was filed on behalf of several Colorado customers who say they had trouble getting into stores and the sales countertops are too high.

The companies say they complied with all construction standards in effect at the time.

New Albany, Ohio-based Abercrombie & Fitch is the parent company of Hollister.

   Ellisville's ousted mayor is making good on his promise to appeal his impeachment in court.  Former Mayor Adam Paul filed an appeal in St. Louis County Circuit Court Wednesday asking a judge to overturn his April 8th impeachment.  

   But he didn't stop there.  

   Paul also filed a defamation lawsuit against his accusers.  The suit claims City Attorney Paul Martin, Council Member Matt Pirrello, City Manager Kevin Bookout and resident Katie James harmed his reputation by making unsubstantiated allegations against him.  

   Paul hand delivered a copy of the lawsuit to the city council at last night's council meeting.  

   The St. Louis Post-Dispatch reports that the new city council, which took office Wednesday night, has decided not to appoint an interim mayor to take Paul's place.  The council plans to proceed with a special election, but the details have not yet been determined.

27-year-old Sandra Lupo alleges she was pushed out of her job after brain surgery left her with buzz cut hair and a healing scar that made it too painful to wear a wig.

Lupo had worked as a waitress at a St. Peters, Mo., Hooters since April 2005 but took a leave from her job for a few weeks last summer to have a cranial mass removed.

 Lupo had the support of her manager, who visited her in the hospital and suggested when she was ready to return to work that she wear a "chemo cap" or jewelry items "to distract from her lack of hair and the visibility of her cranial scar," court documents said.

On July 16, 2012, doctors gave Lupo clearance to go back to work at Hooters, where she worked to put herself through nursing school.

Shortly before she returned to work, Lupo and her immediate manager met with the Hooters regional manager who said Lupo would be required to wear a wig while at work, according to court documents.

Lupo told him "she did not have a wig and that she could not afford a wig, as they range in cost between several hundred and several thousands of dollars," according to the lawsuit, adding that the regional manager did not offer to pay for the wig.

After her manager approached her again regarding a wig, Lupo said she borrowed one and tried to wear it at work. But it "caused extreme stress to her body because of the surgery and the healing wound," according to court records.

Lupo said her manager then reduced her hours to the point where she was making so little income that she was forced to quit, which made her ineligible for unemployment benefits.

"[Lupo's] physical injury was an actual disability from her surgery which limited the major life activity of working when such work required a wig to be worn," court documents said.

In a complaint filed with the Missouri Commission on Human Rights, Lupo said she never believed her customers were ever "offended" by her appearance at the chain, which is known for its hot wings and servers clad in tight white tank tops and orange hot pants.

"My customers were not offended, and were in fact curious about the obvious scar from my surgery," she wrote in the complaint.

The lawsuit was moved from St. Charles County Circuit Court to U.S. District Court in St. Louis last week at the request of Georgia-based Hooters.

"Hooters of America believes the lawsuit is without foundation, denies the accusations and has filed a motion that the lawsuit be dismissed," a spokesman wrote in an email to ABCNews.com.

Lupo, whose attorney said Lupo now works as a trauma nurse, was not immediately available for comment.

The Americans With Disabilities Act prohibits employers from discriminating against qualified individuals who have a disability. This includes having a physical or mental impairment, a history of having an impairment or the perception of having one.

Marcia McCormick, an associate professor of law at St. Louis University, said Lupo's surgery to remove a brain mass qualifies as a disability, but that Hooters could argue that her appearance was a bona fide qualification for her job.

"In the disability context, if Hooters is to say she's not as attractive now without this wig, if they're selling her attractiveness that might be a real function of her job and mean she isn't qualified by the Americans With Disabilities Act," McCormick said.

"Most companies can't say s something like this, but Hooters sells this experience," she said.

 

ST. LOUIS (AP) - The U.S. government says Tyson Foods has agreed to pay roughly $4 million in civil penalties to settle alleged violations related to eight accidental releases of anhydrous ammonia that happened over a four-year span and caused one death.

 

The Justice Department and Environmental Protection Agency says the deal in a St. Louis federal court with the nation's biggest meat company involves alleged Clean Air Act violations at Tyson sites in Missouri, Kansas, Iowa and Nebraska.

 

The government says the incidents in questioned happened between 2006 and 2010.

 

Arkansas-based Tyson says it cooperated with the EPA and immediately addressed the agency's concerns.

 

As part of the settlement, Tyson also will provide $300,000 to help purchase emergency response equipment for fire departments in nine communities where it has plants.

EDWARDSVILLE, Ill. (AP) -- A southwestern Illinois meat cutter who sued after a prize for his hole in one during a charity golf tournament wasn’t paid out as promised has carded a legal victory.

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The (Alton) Telegraph reports that a Madison County judge has awarded Donald Beiermann of Godfrey an $11,000 judgment against the Alton church that sponsored the tournament and the Godfrey course that hosted it.

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Beiermann scored the ace on the 17th hole, where a sign promised such a feat would win an $11,000 trip for four to California’s Pebble Beach Golf Course.

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A specialty insurer refused to pay, arguing the contract provided that the hole in one must be on a hole at least 165 yards long. Biermann’s ace, witnessed by three companions, was on a hole 149 yards long.

JEFFERSON CITY, Mo. (AP) - The Missouri has approved legislation seeking to reinstate a cap on some damages in medical malpractice lawsuits after the state Supreme Court struck down the existing limit.

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A 2005 law capped noneconomic damages in such cases at $350,000. It was part of a broader effort to curb liability lawsuits. The state high court ruled last summer that the cap is unconstitutional.

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House members voted 93-62 on Thursday to pass legislation that attempts to impose the damages limit while avoiding the constitutional problem referenced by the court. It now goes to the Senate.

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Supporters of limiting noneconomic damages contend it would reduce health care costs and help keep doctors in Missouri. Opponents say there is a fundamental constitutional right to a jury trial.

 

     Metro will be giving some passengers free rides under a federal class action settlement agreement.  The transit agency was sued over MetroLink credit and debit card receipts that violated the Fair and Accurate Credit Transactions Act.  

     Under the law, merchants can print up to the last five digits of a customer's credit or debit card number or the card's expiration date on their receipt, but not both.  Between January 2010 and August 2011, Metro had been printing both.  

     The St. Louis Post-Dispatch reports that people who used credit or debit cards to buy tickets during the 20 month period can make claims by July 3 for free ride passes or tickets.  Those who still have their receipts could get $30 cash instead.

     Metro will be giving some passengers free rides under a federal class action settlement agreement.  The transit agency was sued over MetroLink credit and debit card receipts that violated the Fair and Accurate Credit Transactions Act.  

     Under the law, merchants can print up to the last five digits of a customer's credit or debit card number or the card's expiration date on their receipt, but not both.  Between January 2010 and August 2011, Metro had been printing both.  

     The St. Louis Post-Dispatch reports that people who used credit or debit cards to buy tickets during the 20 month period can make claims by July 3 for free ride passes or tickets.  Those who still have their receipts could get $30 cash instead.

ST. LOUIS (AP) - Missouri Attorney General Chris Koster is suing the operators of a St. Louis County landfill, alleging violations of state environmental laws.

The lawsuit filed Wednesday stems from an underground fire at the Bridgeton Sanitary Landfill near Lambert Airport. The fire is causing a foul-smelling odor that is drawing complaints from nearby homes, businesses, hospitals and senior care centers.

The suit against the landfill owner, Republic Services Inc., asks that Republic bear the cost of cleanup, remediation and monitoring.

Messages seeking comment from the landfill and Republic were not returned. In a statement on its website, Bridgeton Landfill says it is working to fix the problem. Forty wells will be added by April 15 to remove odor-causing gas, then a cap will be installed over the odor-causing area of the landfill.

A group of residents worried about health issues from a foul odor a suing the owners of a Bridgeton landfill.

The action follows testing by the Missouri Department of Natural Resources that showed elevated levels of hydrogen sulfide in the air. The noxious compound can cause headaches, eye, nose and throat irritation, and even breathing trouble.

But a representative for the company that owns the landfill, Republic Services, denies any danger. Republic officials say EPA and DNR testing show the odor presents no risk to the public.

A report on the DNR website says the levels of hydrogen sulfide are high enough to warrant monitoring and would pose a health risk if they intensify further.