Nuggets say mascot was fired for ‘business reasons,’ not a disability
The Denver Nuggets are seeking to dismiss a disability discrimination lawsuit filed by a man who played the team’s mascot, Rocky. The plaintiff claims that his hip condition qualifies as a disability and that the team acted improperly by holding open tryouts after his surgery. However, the Nuggets maintain that his hip condition does not constitute a disability and that, even if it does, their decision to hold tryouts was based on legitimate, non-discriminatory business reasons.
Drake Solomon, 32, is the son of Kenn Solomon, the original Rocky mascot who performed from 1990 until his retirement in 2021. Having worked for the team’s promotional squad for ten years, Drake was hired to replace his father after a closed tryout.
Shortly after taking over as Rocky—a role that pays a $70,000 base salary plus appearance fees averaging between $15,000 and $20,000 annually—Drake was diagnosed with a hip condition. A surgery in early 2023 failed to resolve the issue. In early 2024, Solomon informed his supervisors that he needed a second surgery, this time a full hip replacement.
In response, Craig Dzaman, the Nuggets’ director of game presentation, reportedly told Solomon that the team would hold another tryout for the Rocky position. “We just can’t risk having a mascot coming off a major hip surgery and not knowing how it’s going to perform,” Dzaman said.
According to Solomon, he performed well during the August 2024 tryout and even demonstrated to other applicants how to safely dunk a basketball while wearing the Rocky costume. Despite this, the team selected another candidate whose shooting was more accurate that day.
Solomon’s lawsuit accuses Kroenke Sports and Entertainment of firing him because of his disability, citing violations of state anti-discrimination laws. Two Nuggets employees who judged the tryout—Craig Dzaman and Steve Johnston—are also named in the suit.
Last month, the Nuggets responded to the lawsuit in court with a different account. The team denies that Solomon performed his Rocky duties with passion, energy, and joy before his hip injury. They also dispute that he successfully completed summer 2024 appearances in costume or performed well physically during the open tryouts last year.
“The plaintiff does not have a physical or mental impairment that substantially limits one or more major life activities and, as a result, does not have a disability,” team lawyers wrote. They added that if the Nuggets were found to have an obligation to accommodate Solomon’s alleged disability beyond what they had already done, it would have imposed an undue hardship on the organization. These arguments were presented to District Judge Chris Baumann.
The Nuggets are represented by attorneys Darin Mackender and Stephanie McConkie of the employment law firm Fisher & Phillips in Denver. Solomon’s legal team includes Virginia Hill Butler and Matthew Cron from the civil rights law firm Rathod Mohamedbhai, also based in Denver.
Solomon’s attorneys counter that the Nuggets had no complaints about his performance in costume before his injury. “To the extent they are suggesting otherwise, it is nothing more than a belated excuse to justify their unlawful and discriminatory conduct,” said Cron.
According to Solomon’s legal counsel, the true reason behind his termination was not his in-costume performance but rather the fact that he became injured, required accommodation, and that the Nuggets lost confidence in his ability to remain healthy.
https://www.denverpost.com/2025/10/06/denver-nuggets-mascot-lawsuit/
