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Trang chủ / Đề mục / Denver RTD 65
Ngày gởi hình / 2016
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ADAPT (95)
Rocky Mountain News, Fri., Sept. 2, 1977, Denver, Colo p.6 [Headline] Handicapped seek ruling on RTD service By CLAIRE COOPER News Staff Wheelchair-bound witnesses Thursday urged a federal judge to order the Regional Transportation District to equip new buses with devices to facilitate transportation of the disabled. RTD has 231 buses on order. Only 18 of them will be outfitted for passengers in wheelchairs. Handicapped and elderly plaintiffs have filed a lawsuit in Denver U.S. District Court claiming RTD will discriminate against them if it fails to provide them with suitable bus transportation. The plaintiffs have asked that the buses be equipped with boarding ramps or hydraulic lifts and with interior devices to hold wheelchairs in place. During the hearing before Judge Richard P. Matsch, an arthritic youth complained that he faces “social isolation“ because of lack of transportation. ROBERT CONRAD SAID. “lf l don‘t get out, l’ll go crazy. I don't like looking at four walls." Conrad said it’s often impossible for him to board regular buses because oi‘ the pain in his legs. When he can do it, he said, he suffers embarrassment because it takes him three minutes to negotiate the steps. Other witnesses also complained about the social and psychological consequences of being unable to use the public transportation system. Glenn Kopp said he feels like “a second-class citizen.” Kopp is co-director of Atlantis Community Inc., an organization of disabled persons. His job is to help the handicapped become self-sufficient. But for Kopp to go to work, he said, "I have to depend on somebody to pick me up.” Carolyn Finnell said, “I just don't like using people as tools" for transportation. Marilyn Weaver said the lack of transportation isolates her from" her friends and her parents. "They do come to see me, but it would be nice sometime to go home," she said. Ms. Weaver and others testified that economic burdens are forced on them by the necessity of hiring private transportation. Ms. Weaver said she spends about $120 a month, one-fifth of her income, for “ambocabs," a private taxi service for passengers in wheelchairs. Ambocab charges $18 for a round trip, Kopp said. Ms. Weaver claimed the high cost deters all but essential use. “I should be getting therapy more than I do,“ said the 38-year-old polio victim, adding that her financial situation determines whether she can afford transportation to her therapist. SEVERAL WITNESSES said confinement to their neighborhoods means they have to pay more for groceries and other necessities. Kopp said he doesn’t like to ask friends to take him shopping because it takes along time him to go through the stores. The witnesses said RTD’s HandiRide service for the disabled isn't a good solution to their transportation problems because it makes only scheduled stops at medical facilities, schools and places of employment. Ms. Weaver, who works at Atlantis, said she takes the HandiRide to work because she starts at a set time. But she has no set quitting time, so she can't take it home. According to the complaint, HandiRide serves fewer than 150 persons. The complaint says about 17,600 persons in the Denver-Boulder area are being denied public transportation because of "unnecessary physical and structural barriers in the design of transit buses." Lawyers representing RTD have not presented defense testimony. The hearing continues Friday.
ADAPT (96)
Rocky Mountain News 9/5/81 Denver, CO Handicapped buoyed by judge's ruling By JANE HULSE, News Staff A Denver judge Friday dismissed charges against 20 able-bodied protesters who invaded the Denver mayor's office last spring because 23 other protesters in wheelchairs had not been ticketed. That, said County Judge Edward A. Simons, is reverse discrimination. The unusual ruling by Simons was hailed by the handicapped community as a "significant” victory. The ruling stemmed from a protest May 15 in the office of Mayor William H. McNichols Jr. concerning budget cuts that would affect handicapped residents. The demonstrators were ordered to leave the building at 5 p.m. after McNichols refused to meet with the group about the cuts in the city’s health-care systems budgets. When the group refused to leave, those in wheelchairs were not ticketed, but the able-bodied protesters were charged with interference —- a misdemeanor carrying a maximum penalty of 90 days in jail or a $300 fine. None was taken to jail and booked. The attorney for the protesters, John Holland, argued that his clients were entitled to equal protection under the law and that the law shouldn’t be enforced selectively against one group. “It takes a message to the mayor that he can’t insult the disabled community by ignoring them," said Wade Blank, a spokesman for the disabled. “The disabled are telling me that next time (they meet with McNichols) he will have to treat them differently.” He said the ruling will cause the handicapped people to become even more outspoken and demonstrative about fighting for their rights. Knowing they would be subjected to jail at demonstrations doesn't frighten them, he said, noting that the jail has wheelchair access. Blank said the city’s decision to ticket only those demonstrators who were not in wheelchairs had the effect of making the handicapped feel as if they weren't being recognized as people. “It made them feel like second-class citizens he said. He said the handicapped demonstrators knew they were breaking the law by refusing to leave and “they were willing to pay the price.” According to the ruling, the city decided not to ticket the handicapped for fear that some weren't able to remove themselves from the office or didn’t understand the orders to leave. But Simons noted that “the time and resources were available to make those determinations." The judge also stated, “The fact that none of the disabled persons were charged in spite of their active resistance to leaving renders the city's evidence insufficient to overcome the inescapable conclusion that the defendants have been denied equal protection of the laws.”
ADAPT (97)
Rocky Mountain News, Tues., Oct. 19, 1992 Denver, Colo. RTD seeks to nullify handicap law By SUE LINDSAY News Staff Another skirmish in the ongoing battle waged by Denver’s handicapped to gain access to the city's bus system was staged Monday in Denver District Court, with the Regional Transportation District asking the court to declare the Colorado Handicapped Act unconstitutional. An organization of the handicapped has asked Judge Harold D. Reed to order RTD to purchase no buses that won't accommodate the handicapped and to retrofit older buses according to an agreement reached during a federal court case in 1979. The district court suit, filed in January, was triggered by RTD’s purchase of 89 buses to be delivered in 1983 without wheelchair lifts. RTD is trying to sidestep the provisions of that agreement, arguing that the federal regulations on which it was based no longer exist. RTD also wants the judge to declare the Colorado Handicapped Act unconstitutional because it is overbroad and too vague to be followed. THE JUDGE HEARD arguments by both sides Monday and said he will rule on the matter Nov. 9. Lawrence D. Stone, an attorney representing RTD, argued that the Colorado Handicapped Act is merely an expression of the Legislature's intention of how the handicapped should be treated. Stone argued that the statute prohibits discrimination but doe§n’t require any specific “affirmative actions” — such as buying only buses that contain wheelchair lifts. “The Legislature intended to enact the statute simply as an encouragement for the handicapped to be brought into the mainstream of society," Stone said. “They were encouraging rather than mandating better service for the handicapped. Any efforts are voluntary, and the voluntary efforts of RTD have been substantial.” Stone said that 50 percent of RTD buses are accessible to the handicapped during rush hour and all of them are during non-peak hours of operation. Stone also argued that the statute, which sets maximum criminal misdemeanor penalties of up to 60 days in jail and a $100 fine, is too vague and too broad to be enforced. Stone said the act doesn’t specifically define who is included and what must be done to comply with the statute. “We must guess at its meaning,” Stone said. "lt is clear that the act is a declaration of state policy. But is it a crime to fail to heed a policy of the state?” Stone argued that, apart from the Colorado statute, lawyers for the handicapped have misconstrued the meaning of a stipulation signed by RTD to resolve a federal suit over the handicapped buses issue. John Holland, an attorney representing the Atlantis Community, which filed the suit, said he and his clients understood that RTD was agreeing to purchase buses with wheelchair lifts and retrofit all buses purchased after February 1977 in compliance with federal regulations in effect at the time. Stone said RTD merely agreed that its “intention” was to achieve accessibility at the earliest practical date. He argued that RTD never promised that all of its buses would accommodate the handicapped. Calling the dispute “a legal and political war between the disabled and RTD," Holland said, "There was no doubt whatsoever that RTD knew for certain (that) what the plaintiffs wanted was total accessibility of buses. This has been our consistent demand everywhere. It's very simple what the agreement means. lt means that all buses must be made wheelchair accessible.” HOLLAND CHARGED THAT RTD was trying to weasel out of the agreement because the federal regulation in effect at the time it was reached has changed. At the time, federal regulations made it mandatory that new buses accommodate the handicapped. The mandatory regulation was dropped in July 1981, leaving the earlier regulation in force that encourages localities to do this and provides federal funding for the wheelchair lifts. “RTD made an agreement with us, and now RTD argues that it should not be bound by the settlement but to the law as it evolves and changes," Holland said. Reed called the stipulation “about as unclear a stipulation as I’ve ever read in my life. I don’t know what it means yet." The judge wondered aloud whether the parties had purposely used “tortured language” to solve the immediate problem, knowing they would wind up back in court.
ADAPT (98)
Rocky Mountain News Fri., Aug. 22, 1980 Denver, Colo. PHOTO by News photographer Steve Groer: A woman (Beverly Furnice) lies in a long wheelchair with the footrests extended; she is being put down the stairs of a city bus. A man in shirt sleeves and a tie, lowering her down, is bent almost double as he stands on the top step of the bus. Beverly looks a bit freaked. Beside her, on the side of the bus, the access symbol is painted. Caption reads: Bevery Furnice is helped from an RTD bus after a snafu over whether the driver would help her or not. An RTD official finally came to the rescue. [Headline] Wheelchair-bound rider discovers RTD'5 Catch-22 By PHILIP REED, News Staff It was a little like the old song about Charlie on the MTA - a Denver woman got on a Regional Transportation District bus Thursday afternoon, but she couldn't get off for 2 1/2 hours. Unlike the song, where the rider didn't have enough money, Beverly Furnice, 43, of 1135 Josephine St., couldn't get off because the driver wouldn't help in unloading her wheelchair. Furnice, who has arthritic legs that jut straight out in front of her, boarded the bus at East Colfax Avenue and Cherry Street after leaving her job at Atlantis at 4 p.m. Thursday. She had help boarding the bus, but the driver warned her he couldn’t help her with her wheelchair when she came to her stop. Wade Blank, head of Atlantis, said her plight shows that RTD should not put "an inaccessible bus on an accessible route." Normally, Furnice rides a more modern bus that allows her to get on and off by herself. But when short of buses, RTD reverts to the use of older buses, which can't handle all types of wheelchairs. The standoff came to an end at 6:30 pm when an RTD supervisor met the bus at Furnice’s East Colfax Avenue and Josephine Street stop and helped the driver with the heavy electric wheelchair. Blank said the mess was caused by indecision over whether drivers should help the handicapped. He said there should be a policy more clearly defining if RTD is going to serve the public. When the bus neared Furnlce’s stop, two Atlantis in wheelchairs were prepared to board the bus to “ride in sympathy.” But the driver parked the bus and, with the help of the RTD supervisor, helped Furnice to get her wheelchair onto the lift at the front entrance of the bus. The bus driver, who seemed more shaken by the experience than Furnice, refused to say why he didn't offer assistance earlier. He also refused to give his name, but politely asked reporters to step back from the folding doors before the hissed shut. Larry Narey, head of the Amalgamated Transit Union, which represents RTD drivers, said, “It was definitely a setup. s They (Atlantis) are trying to impress on the public that the drivers are insensitive." “But for every war story they can tell, I could tell hundreds of touching stories about how the drivers help and how they feel about handicapped riders," he added. Narey said drivers are required not to leave their driver's seat. But that rule commonly is ignored at the discretion of individual drivers. "Lord, we have even had drivers helping blind people across the street. We want to move people, but there are restrictions. There comes a point where you have to draw the line. The driver in this case is really a very conscientious young man," Narey said. "He feels deeply about helping the handicapped."
ADAPT (99)
The Denver Post PHOTO by John Prieto, Denver Post: A woman in a wheelchair (Carolyn Finnell) is surrounded four able-bodied persons. One man is kneeling down in front of her to talk with her. Caption reads: Carolyn Fannell (In wheelchair) discusses the protest with RTD executive director L.A. “Klm" Kimball. Boxed Text: "You were talking about a separate and unequal system." -- Protester Wade Blank Threat of Sit-In Over RTD Lift Plans Dissolves By GEORGE LANE, Denver Post Urban Affairs Writer [This story continues on ADAPT 113, but the entire text has been included here for easier reading.] After tense negotiations, Regional Transportation District officials avoided use of police force Thursday night to break up a threatened all-night wheelchair sit-in at RTD headquarters. The protesters want RTD to reconsider a decision not to put wheelchair lifts on new buses — a decision they say broke an agency promise made to them last year. Three district board members promised about 25 disabled persons they would try to call a special meeting to reconsider the anti-lift action. The sit-in was staged in the fifth-floor executive offices of the RTD at 1325 S. Colorado Blvd. by members of the Atlantis Community for the disabled. The promise, contained in a policy statement adopted by the RTD board a year ago, was that 50 percent of the existing bus fleet of more than 600 vehicles would be retrofitted with wheelchair lifts, and all new buses would be ordered with lifts. When the statement was approved, there was a federal regulation demanding that all federally financed transit agencies make transportation modes accessible to the handicapped, and all new buses purchased had to have the lifts. RTD was one of the only transit agencies in the country to take steps toward complying with the regulation. But the regulation was repealed last July. Thursday afternoon, the RTD board voted to save more than $1 million by canceling the order to have the lifts installed on 89 high-capacity, articulated buses expected to be delivered in 1983. Wade Blank, co-administrator of Atlantis, pointed out to board members before the vote was taken that the day the regulation was rescinded, RTD officials said lifting the regulation would have no effect on the district's commitment to serving disabled persons. “A week ago I came to a meeting, and about 10 minutes to four, it was casually mentioned" there would be no lifts on articulated buses, Blank said. "I was dazed... it took a few days to realize that you were talking about a separate and unequal system." Robert Conrad, also an Atlantis administrator, told RTD board members he feels "betrayed" because he has worked closely with RTD on providing service to the handicapped “and all of a sudden you spring this on us." Board member Flodie Anderson explained to the approximately 75 angry persons attending the meeting that RTD intends to use the articulated buses on express routes and other heavy routes. Under that plan, Anderson said, other buses will be freed that will be lift-equipped and able to provide better service to disabled people than is provided now. Board member Edward Cassinis told the group that buses currently equipped with wheelchair lifts are carrying a maximum of 270 wheelchair passengers per week. RTD's “handiride,“ which provides front-door service to disabled passenger, is handling 831 riders per week. When the vote was taken on the action, the outcome was 12-4 against installation of the lifts. Members of the Atlantis Community and several other disabled organizations then gathered ln hallway outside the first-floor meeting room and decided to “resume civil disobedience." The group of about 25, all from Atlantis, then rode the elevators to the fifth floor of the building and began their sit-in shortly after 4 p.m. Motorized wheelchairs were parked in the doorways of the three elevators to make it impossible for them to be used. Shortly after the beginning of the demonstration, Bob West, RTD’s director called for police assistance and paramedics “because we don’t want anybody to get hurt.” The police, however, didn’t arrive for more than an hour and when they did arrive, the negotiating session that would end the sit-in already was in progress in a fifth-floor conference room. During that session, board members Mary Duty, Kathi Williams and Thomas Bastien agreed to try to get their fellow board members to meet again to possibly reconsider the issue. L.A. “Kim” Kimball, RTD’s executive director and general manager, also agreed not to execute the board action until an effort is made to set up the special board meeting. “But I can’t guarantee they will” Kimball added. “We can guarantee that if they don’t, we’ll file suit for breach of promise,” responded Mary Penland, an Atlantis employee. “And we’ll guarantee those articulated buses won’t roll unless they roll over our bodies.”