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Hem / Album / Denver RTD 41
Skapelsedatum / 2013 / Juli / 10
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Handicapped reach accord RTD Wheelchair-bound demonstrators and the Regional Transportation District reached an “understanding” Friday in a conflict that led the bus company to seek a restraining order against the demonstrators a week ago. Both sides “agreed to agree,” according to RTD spokeswoman Kathy Joyce, who said they would work out the details of the agreement before the issue comes before Denver District Judge Daniel Sparr on Feb. 2 During that time, Sparr will make no decision on RTD’s request for the temporary restraining order. If a formal agreement is reached by Feb. 2, Joyce said the request would be dropped. The demonstrators began staging a sit-in at RTD’s headquarters Jan. 4 over the company’s decision not to place wheelchair lifts on 89 new buses scheduled for delivery next year. The wheelchair-bound activists were from the Atlantis Community and Holistic Approaches to Independent Living Inc. Several of the demonstrators chained themselves to stairwells in the main lobby of the building at 1600 Blake St., and others blocked the front entrance during the demonstration. Their anger was directed at RTD Executive Director L.A. Kimball, whom they blame for the decision to omit the lifts from the new buses. During the sit-in, the building’s elevators were shut off, making it impossible for the demonstrators to reach Kimball’s office. The demonstrators weren’t arrested, but they were escorted from the premises by police and paramedics. RTD requested the temporary restraining order against the demonstrators after the third day of protest, claiming the demonstration caused “disruption, obstruction and interference.” John Holland, an attorney representing the demonstrators, said the issues that led to the demonstrations are still alive, but that both sides will work out their differences in the next two and a half weeks in a climate of more open communication. He said that during that tie his clients will not be “disruptive.”
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Denver Post (This article continues in ADAPT 115 but the entire text is included here for easier reading.) "Talk,” Judge Tells RTD, Atlantis By Howard Pankratz Denver Post Legal Affairs Writer Citing what he fears to be increased “polarization” between some of the Denver’s handicapped citizens and the Regional Transportation District, a Denver judge Thursday abruptly halted a hearing involved the two parties, called them into his chambers and asked that they negotiate a settlement to their dispute. The unusual action by Denver District Judge Daniel Sparr came in the midst of a hearing on RTD’s request that Sparr ban some handicapped people from engaging in disruptive demonstrations on RTD property and buses. At all cost, said the judge, he wanted to avoid an “us against them” climate. “It appears it is a confrontation that is not going to do anybody any good,” he said. On January 4, 5 and 6, handicapped individuals, some organized by the Atlantis Community for the disabled, demonstrated at various RTD offices protesting a decision by the RTD Board of Directors not to place wheelchair lifts on 89 high-capacity, articulated buses slated to be added to the RTD bus fleet in 1983. Many of the estimated 16,000 handicapped people in the Denver area feel that the district broke a promise to them when the lifts weren’t provided. Sparr said he felt that if he had to issue a temporary restraining order against the handicapped at the end of the hearing it could only lead to increased polarization and animosity between the district and the handicapped, something he said needs to be avoided. The judge noted that if that order, or subsequent orders were violated, it might result in contempt citations, fines and jail terms for handicapped people.
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This article is a continuation of the story in ADAPT 116 and the text is included there for easier reading.
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This is a continuation of the article in ADAPT 105 and the entire story is included there for easier reading.
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This is a continuation of the story in ADAPT 99 and the entire article is included there for easier reading.
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The Denver Post? Decision Reserved In RTD Bus Case U.S. Dist. Judge Richard P. Matsch Friday reserved decision on a petition for preliminary injunction to keep the Regional Transportation District from using 213 new buses without equipment to aid handicapped and elderly persons. The petition, filed against RTD by the Atlantis Community, a residence for the handicapped, and others, originally had sought to get a preliminary injunction against the manufacture, purchase and delivery of the buses. On Friday, however, the attorney for the plaintiffs, John Holland asked the court to allow an amendment to his original petition which would prohibit only the use of the buses, not their manufacture, purchase and delivery. Matsch agreed to letting the plaintiffs amend the petition but reserved decision. RTD has ordered 213 buses from Flexible Buses and the AM General Corp. for delivery later this year. The buses won’t come equipped with and ramps for the handicapped, but could be outfitted with the special equipment. At the two days of court hearings which ended Friday, John Simpson, RTD executive director and general manager, testified the system currently has 36 of one bus for each 1,000 persons in the city, while maintaining 1.4 buses for each 1,000 handicapped persons. Simpson told the court if all buses were specially equipped for the handicapped, it would upset schedules and require more buses on the street. He pointed out the special lifts for handicapped take two to three minutes to operate. In its Saturday editions, The Denver Post erroneously reported that Matsch had denied the plaintiff’s petition for a preliminary injunction.
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Handicapped group sues RTD to have lifts put on new buses By Jerry Brown, News Staff The Atlantis Community for the handicapped and six handicapped people sued the Regional Transportation District Monday in an effort to force the transit agency to put wheelchair lifts on 89 buses to be delivered in 1983. The lawsuit, filed in Denver District Court, alleges that the decision not to put lifts on the high-capacity articulated buses violates: * A state civil rights law stipulating that handicapped people “are entitled to full and equal accommodation, advantages, facilities and privileges of all trains, motor buses, street cars, boats or any other public conveyances or modes of transportation.” * A negotiated 1979 court settlement in which RTD promised to put lifts on 176 buses it had purchased earlier and on all new buses, as required by federal regulations in effect at the time. RTD Executive Director L.A. Kimball declined comment. The lawsuit stems from a Nov. 19 decision by RTD’s board of directors to rescind earlier plans to put lifts on the buses. After members of Atlantis and other handicapped people protested, the board reconsidered the decision in December but stuck by its vote not to buy the lifts. According to RTD, the lifts would cost $1.1 million – or $ 12,571 per bus. Eighty percent of the money would come from federal funds, with RTD supplying the rest. RTD officials have said they plan to use the articulated buses – which bend in the middle and hold about 50 percent more passengers than a regular bus – for semi-express service on heavily used routes. RTD originally ordered lifts for the buses because federal regulations in effect when the buses were ordered required them. But the federal regulations were rescinded last summer.
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Denver Post RTD, Handicapped Protesters Come to Undisclosed Accord By: Howard Pankratz, Denver Post Legal Affairs Writer Heeding a judge’s advice that a court-imposed resolution of their differences could lead only to more problems, handicapped Denver residents and the Regional Transportation District Friday hammered out a solution to their dispute. Although the agreement’s terms won’t be made public until a court hearing February 2, representatives of RTD and the handicapped seemed quite pleased with the accord. A compromise was suggested by Denver District Judge Daniel Sparr. It ended a hectic several weeks during which RTD property has been the scene of demonstrations by wheelchair-bound handicapped and in which RTD sought a court order to prevent such demonstrations. The demonstrations were sparked by a decision of the RTD board of directors not to place wheelchair lifts on 89 high-capacity, articulated buses to be added to the RTD bus fleet in 1993. The RTD responded by going to court, seeking a court ban on demonstrations. But on Thursday, saying he was convinced the gulf between the handicapped and RTD would widen if he entered a court order at RTD request, Sparr called both sides into his chambers. He strongly suggested they work out an agreement among themselves. At all costs, Sparr told them, he wanted to avoid an “us-against-them” climate on both sides, which he said would result if he were forced to rule on RTD's motion for a temporary restraining order. After a total of five hours of talks Thursday and Friday, an agreement was reached. Both sides praised Sparr. “I think Sparr took the correct approach,” said RTD attorney Russ Richardson. “I believe his philosophy is right. When I was in private practice, I advised clients in divorce proceedings that agreements between them and their spouses were much better than a settlement imposed by the court. Court action is one-sided. One side will lose, or sometimes both sides will lose.” John Holland, representing the Atlantis Community for the disabled, said neither side really desired a restraining order and recognized each had rights. Holland said that the agreement is a “fair adjustment of those rights.” Holland added both sides “found out how to relate to each other. I think talking about it, and the judge’s input, were creative,” said the attorney for the handicapped. Richardson said that as part of the agreement, RTD will no longer seek the restraining order.
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The Denver Post Friday, Dec. 18, 1981 [Headline] Handicapped Will Protest RTD Wheelchair-Lift Ban By George Lane Denver Urban Affairs Writer The board of directors of the Regional Transportation District Thursday made it official – there will be no wheelchair lifts on 89 high-capacity buses expected to be delivered in 1983. The board actually decided a month ago there would be no lifts on the new buses, but they have been hedging on finalizing that action because of objections voiced by the area’s disabled community. Following the vote on the lifts, Wade Blank, co-administrator for the Atlantis Community for the disabled and organizer of the protest against the RTD action, told the transit directors that members of the handicapped community view the action as a violation of their human rights and they will respond to that violation Jan. 4. Blank later said members of the disabled community will be in “training for civil disobedience” between now and Jan. 4. He said beginning Jan. 4, 10 disabled persons in wheelchairs will stage a sit-in in the office of L.A. “Kim” Kimball, RTD’s executive director and general manager. “Everyday during the month of January, 10 disabled people will be occupying Kimball’s office,” Blank said. They won’t have any able-bodied people with them – and if they’re arrested they will be replaced by 10 more. At the conclusion of the board meeting, Kimball told the directors that the RTD staff will take steps to try to prevent this action, but he doesn’t think it proper to discuss those steps at this time. The RTD board during its Nov. 19 meeting voted to save more than a million dollars by not ordering the lifts on the new buses. The RTD staff recommended this action because they said the lifts are expensive (more than $12,000 per bus) and difficult to maintain. The staff proposal was to use the articulated buses on high ridership bus routes, freeing regular buses with wheelchair lifts to provide better service for the handicapped. A delegation from the handicapped community objected to this proposal, with arguments that RTD officials had promised several years ago that 50 percent of the district’s bus fleet would be made accessible to wheelchair-bound riders and all new buses would be ordered with lifts. About 25 disabled persons from Atlantis staged a wheelchair-bound sit-in following the November meeting until Kimball and three board members promised to attempt to get the entire board to reconsider the action. Thursday’s vote was the outcome of that promise.
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Denver Post (approximately 12/4/81) [Headline] Bus Life Decision Delayed By: George Lane Denver Post Urban Affairs Writer Local transit officials, noting that there were barely enough of them to make a quorum Tuesday delayed for two weeks any decision about whether to alter plans not to put wheelchair lifts on 89 new buses. It was suggested during a special Regional Transportation District board meeting that the board order wheelchair lifts on 45 of the 89 high capacity, articulated buses, rather than no lifts at all. Board member Norma Anderson told fellow directors that there was no reason for postponing the issue “when everyone on this board knows the outcome of the vote.”. She said following the meeting there aren’t enough votes on the board to reverse the earlier action, and the buses ultimately will be ordered without the wheelchair lifts. The announced reason for postponing the vote was that only 12 of the 20 board members attended the special meeting, and only 11 were left when the compromise proposal was presented. It takes a minimum of 11 votes for the RTD board to conduct any business. Postponing the action for two weeks could mean that RTD may have to pay some kind of penalty for not informing the bus manufacturer of the lift decision before the extended deadline of Dec. 10. But the board’s action delayed for at least two weeks another possible wheelchair-bound –sit-in following an RTD board meeting last month. About two dozen persons from the Atlantis Community for the disabled staged a 2 1/2 hour sit-in following an RTD board meeting last month. They claimed the board’s decision then not to order the lifts was a “breach of promise” subjecting handicapped bus passengers to second-class ridership. After the RTD officials agreed to hold a special board meeting to reconsider the decision against the lifts, the wheelchair-bound sit-in ended peacefully. It had been feared police force would have to be used to end it. Eighteen handicapped persons and supporters and representatives of disabled people spoke during Tuesday’s special board meeting. RTD officials again attempted to convince the disabled congregation that not putting the lifts on the articulated buses will free other buses with lifts and result in better service to handicapped people.
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August 1982 Early Surveys Show a Positive Response to RTD Accessibility EARLY INDICATIONS are proving that accessible bus routes will attract many disabled riders. According to unofficial count along the major Denver routes there is a 78 percent increase in the number of riders who previously has been forced to shun public transit. “The response is encouraging,” said Wade Blank, director of the Atlantis Community and a longtime proponent for RTD modification. “But it will take a bit more time for the word to spread to some 16,000 Denver residents who use wheelchairs.” At the HAIL, Inc. office, co-proponents in the long squabble to convince RTD officials of the practical aspects of accessible routes, incoming mail and phone calls are revealing gratification and relief from many sectors of the handicapped community. In one of the letters, Molly Henderson writes: “As the mother of a disabled daughter who uses a wheelchair, I would like to thank the members of the disabled community who fought so hard and won the right to ride the bus whenever and wherever my daughter wishes.” Mark Johnson, Independent Living Coordinator, HAIL, Inc., for several disabled residents at the Halcyon House, reflects, “It’s obvious this RTD decision was need and appropriate. Many other similar decisions can also have a significant impact on the quality of life for persons with disabilities.” A disabled bus rider states, “The service is absolutely wonderful. It is more convenient a less time consuming to have busses with lifts. It helps me do my job more efficiently. And, so far, the attitude of drivers and the public is excellent.” Theresa Preda, HAIL’s executive director, says, “We still have a long way to go. I think it is an achievement the disabled community can rightly be proud of. Now, hopefully, this advancement may help indicate to others that there are still many areas that are still inaccessible, needing revision to meet the RTD initiative.”
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[Headline] Handicapped Praise Wheelchair Service Sun. July 12, 1981, Denver, Colo. Rocky Mountain News- 65 (Continued from page 64) Even so, Conrardy said he has heard only one able-bodied passenger complain during his daily commuting trips. Offsetting that experience, Conrardy said, was an incident one afternoon at Colfax and Broadway. A crowded rush-hour bus stopped, and Conrardy said he told the driver he would wait for another bus because that one was too full. But the other passengers made room and invited him aboard, Conrardy said. The fear of hostility from other passengers or simply getting lost has kept some handicapped people from trying the new service, said Laurie Warner, co-director of education for Atlantis. For the couple of minutes it takes the lift to get them on or off the bus, the handicapped passenger is the center of attention for everyone on the bus, Warner said. And that can feel like “being on the grill,” Conrardy said. News Photo by Jose R. Lopez: A man (Mel Conrardy) in a short sleved plaid shirt and kaki pants sits in his motorized wheelchair on the sidewalk, his chin in his hand looking at a big bus. Behind him, further up the sidewalk, a line of people board the bus as the driver holds the door. caption reads: Mel Conrardy waits at Broadway and Colfax for an RTD bus with a wheelchair lift. An organization for the handicapped says the news lifts are a boon for handicapped and can provide an education for the bus drivers and the public, Conrardy says most people are patient during the two minutes it takes for the lift to operate when it is working properly.
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Denver Post 1/82 PHOTO (no credit given): A man in a wheelchair (Stephen Saunders) is tipped back in a wheelie by one man, as another bends forward over his legs and reaches down on the side of his wheelchair. Behind them a couple of police officers are visible. Caption reads: Stephen Saunders is carried away from the offices of the Regional Transportation District during a January protest over an RTD decision to not make some new buses accessible to the handicapped. [Headline] RTD Fighting Handicapped Act By Howard Pankratz Denver Post Staff Writer The Regional Transportation District, long at odds with various segments of Denver’s handicapped community is asking Denver District Judge Harold Reed to declare the Colorado Handicapped Act unconstitutional. At the time the state Legislature passed the act, it said it was doing so to “encourage and enable the blind, the visually handicapped, the deaf, the partially deaf, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment.” But RTD in motions filed in recent weeks with Reed, has charged that the statue is unconstitutionally vague and overbroad. RTD also says that those who violate the act are subject to a criminal penalty. In particular, RTD lawyers Alan E. Richman and Lawrence D. Stone take aim at a section the act which says the handicapped are “entitled to full and equal housing and full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation…” Does that mean, ask the RTD lawyers, that “cab drivers are liable for criminal penalty for refusing to buy cabs which can transport persons in wheelchairs? What about persons in iron lungs or on other life support systems? Does this mean that a private automobile has to be wheelchair accessible?” The act, they contend, is sweeping in nature and poses an “impossible conundrum… to an organization or a person who wishes not to violate its provisions on pain of criminal sanctions.” Those who violate the act are guilty of a misdemeanor and are subject to a maximum sentence of a $100 fine and 60 days in county jail. In January 1982, seven wheelchair-bound individuals and the Atlantis Community for the disabled accused the district in a lawsuit filed in Denver District Court of violating both the Colorado Handicapped Act and a settlement reached in federal court several years ago. Basically they contended that in the federal settlement RTD agreed that all new buses would have wheelchair-lift equipment. Although many of the new buses are accessible to people in wheelchairs, they contend that RTD has decided against making 89 new buses, due for delivery in June, accessible to the handicapped. By denying such access, says the lawsuit, RTD has breached both the terms of the federal settlement and the duties it owes the handicapped under the Colorado
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Denver Post Tuesday, January 19th, 1982 Editorials, Opinion, 2, 3 Weather 4 Ski Report, 4 Suit over Bus Lifts Hits RTD By Howard Pankratz, Denver Post Legal Affairs Writer Some of Denver’s handicapped, who believe the Regional Transportation District has broken a promise to install wheelchair lifts on 89 new buses, turned that belief into action Monday by suing the district. In a lengthy brief filed in Denver District Court, seven wheelchair-bound individuals and the Atlantis Community for the disabled accused the district of violating both state and civil law and a settlement reached in federal court several years ago. In that settlement, alleges the suit, RTD agreed that all new buses would have wheelchair-lift equipment. But that promise has been broken, said the suit, which asks that RTD be required to install lifts on 89 new buses due for delivery beginning next year and on all new equipment in the future. The Monday suit is based on RTD’s having contracted for 89 new buses, worth $21.3 million. The suit says that 80 percent of the purchase price is to be paid by the federal government. Originally, said lawyer John Holland, who represents the handicapped, all the buses were to have had lifts to make them accessible to the handicapped. But last November, the RTD board decided not to have lifts installed. The total cost of the lifts would be $1.1 million, with the federal government again paying 80 percent of the cost. The suit alleges that it wasn’t the cost, technical feasibility or the maintenance of the lifts that caused them to be dropped, but rather a decision by RTD to use the new buses on “express bus service” from which the handicapped are to be excluded. This, claimed the wheelchair-bound complaints, blatantly violates the state’s civil rights act. Reacting to that alleged broken promise, handicapped individuals demonstrated on the RTD properly, for three straight days in early January, an action that caused the district to go to court seeking an order banning such demonstrations. However, late last week, Denver District Judge Daniel Sparr told both sides he feared that if he issued a restraining order against the handicapped, it would only widen the gulf between the two sides. He noted that the handicapped had legal avenues to follow if they felt a promise had been broken. On Friday, heeding Sparr’s advice, the two sides reached an accord, whose points will be made public February 2. RTD lawyers Alan E. Richman and Russ Richardson said Monday that RTD has a policy of not commenting on such pending lawsuits.
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RTD Executive Promises To Try Wheelchair Bus Travel Firsthand ATLANTIS From 1-B The Handi Ride, 12 buses which provide curb-to-curb service for 150 handicapped persons each day on a flexible schedule, was to have been eliminated in July. It will be retained for the rest of the year, Kimball said. Starting in July, 334 buses equipped with wheelchair lifts — plus the Handi Ride - will circulate on more than two dozen routes, the RTD official said. Specially equipped buses now operate on only 11 routes. He also promised that the Handi Ride program would continue until another program has been developed. The official also told the group that “RTD alone can’t solve all (their) transportation problems" and urged them to think in terms of a “regional consensus” of agencies dealing with the disabled. He also suggested that they seek state funding. Spokesmen for the Atlantis Community for the disabled, one of the parties to the lawsuit, on Wednesday declared the Handi Ride shouldn't be phased out, and many attending the session agreed. They included Don Burton, executive director of United Cerebral Palsy, who said he feared many disabled persons would lack access to community services; Barb Sokol, a social worker with Western Dialysis Center, who said other transit alternatives weren't “as reliable or flexible,” and a number of handicapped persons, who asked for continuation or expansion of the service. Teresa Breda, executive director of Holistic Approaches to Independent Living (HAIL), said, “In no way do I want Handi Ride to stop. “But that’s just one segment of transportation services tor the disabled,' she noted, adding that it was “one part of a lot of needs.”