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Home / Albums / Denver RTD 65
- ADAPT (108)
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. - ADAPT (94)
Rocky Mountain News Wed., Dec. 9,1981, Denver, Colo. [Headline] Handicapped set back in battle for lifts on buses The Operations Committee of the Regional Transportation District’s board of directors voted 4-0 Tuesday to stick by an earlier proposal that RTD buy 89 articulated buses scheduled for delivery in 1983 without wheelchair lifts. Its action seriously diminishes the chances that the board will reverse its decision of Nov. 19 to delete the lifts from the articulated buses. But RTD Executive Director L.A. Kimball and three board members agreed to ask the board to reconsider the action after members of the Atlantis Community for the disabled staged a sit-in at RTD headquarters on the day of the earlier vote to protest the decision. The board held a three-hour special meeting on Dec. 1 to hear appeals from the handicapped to put wheelchair lifts on the buses. Atlantis spokesman Wade Blank said members of his organization have been discussing the issue with individual board members and plan to meet with Kimball next week. Blank said he expects to fall short of the 11 votes needed for the board to reverse its position when the issue comes up at the board’s regular meeting on Dec. 17. Blank renewed Atlantis’ threat to file a lawsuit challenging the decision not to buy the lifts and said Atlantis will resume demonstrating against RTD. Atlantis filed a lawsuit in federal court and staged a series of demonstrations aimed at RTD a few years ago after RTD bought nearly 200 AM General buses without wheelchair lifts. U.S. District Judge Richard Matsch ruled against Atlantis in that case, but the case was on appeal when Atlantis and RTD in 1979 negotiated a settlement under which RTD agreed to make half of its peak-hour fleet accessible to the handicapped. The settlement was reached after the federal Department of Transportation issued regulations requiring that all new buses bought with federal funds be equipped with wheelchair lifts and that half of all buses used for peak-hour service be accessible to the handicapped. Those regulations were rescinded by the department in July. RTD officials ordered the articulated buses with lifts in March, while the regulations requiring lifts on new buses were still in effect. Buying the buses without lifts will save $1.1 million, 80 percent of RTD’s federal funds, RTD officials said. - ADAPT (109)
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. - ADAPT (134)
Cartoon by Denver Post Field Syndicate Mike Keefe of a city bus, RTD written on the side, with a guy in a wheelchair holding on to a rope tied to the back of the bus. The guy in the wheelchair has a sour expression on his face. The bus driver is looking out the window and yelling back at the guy being pulled "QUIT BELLYACHING! We’re In Compliance with the law . . . As We Interpret It." - ADAPT (105)
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 - ADAPT (114)
This is a continuation of the article in ADAPT 105 and the entire story is included there for easier reading. - ADAPT (139)
PHOTO: A group of about 20 people in wheelchairs and a couple of folks not in wheelchairs sit in a circle facing mostly toward the center. In the middle of the room, at the center of the people is an unattended L-shaped desk with a typewriter and other materials on it. Two people in wheelchairs sit at either end. Others are mostly up against the walls forming an informal circle. The group appears to be occupying a lobby-reception area. - ADAPT (111)
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. - ADAPT (112)
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. - 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 (118)
The Denver Post, Metro section, Tuesday Jan. 5, 1982 2 PHOTOS, The Denver Post / John J Sunderland: First: Through bars that look a bit like the ropes in a boxing ring, a man in a wheelchair (Mark Johnson) sits, chin resting on his hand, and looks on thoughtfully as a police officer writes something on a piece of paper on a surface in front of them. The officer is leaning forward almost over Mark, and Mark looks calm and very thoughtful as he watches. Caption reads: Mark Johnson, 30, was one of two protesters cited Monday at Regional Transportation District offices. He later left and was not charged. Second photo: In a brick covered room, a person in a wheelchair has his back to the camera and facing a man who is blocking his way. The man standing faces the camera and points toward it. Caption reads: Bob West, Regional Transportation District director of security, tells demonstrator he won't be allowed to obstruct business. Bus Plan Protesters Chain Selves By GEORGE LANE, Denver Urban Affairs Writer Wheelchair-bound protesters chained themselves to stairway railings and blocked the main entrance to local transit offices for about 90 minutes Monday until police removed them from the building. Two persons were cited for trespassing as 13 disabled persons in wheelchairs and about an equal number of attendants and supporters participated in the protest at the offices of the Regional Transportation District. Spokesmen for the group vowed they will return today. The demonstration was organized primarily by members of the Atlantis Community for the disabled and Wade Blank, co-administrator of Atlantis, to protest a decision by the RTD board of directors not to put wheelchair lifts on 89 high-capacity, articulated buses slated to be added to the RTD bus fleet in 1983. RTD officials allowed the demonstrators access to the building at 1600 Blake St. about 11 a.m. and raised no objections as the protesters held a press conference. During the press conference RTD was accused of reneging on a promise and violating the civil rights of the disabled by not ordering the lifts on the new buses. Following the press conference, “out of order" signs on two elevators foiled the group's plan to stage a sit-in at the third floor offices of L.A. "Kim" Kimball, RTD's executive director and general manager. “Kimball is as accessible as his buses," remarked one of the demonstrators. A brief scuffle occurred about 11:20 a.m. when Blank and several attendants attempted to carry three wheelchair occupants up a spiral stairway to Kimball‘s office. Mike Hughes, an RTD security officer, blocked the trip up the steps. The three wheelchairs with their occupants eventually were chained and padlocked to the handrailing of the stairway. Two more wheelchairs later were chained and padlocked to the landing of another stairway. The front entrance to the building was then blocked by five or six motorized wheelchairs as about a dozen policemen waited across the street. Capt. Bill Brannan ordered the demonstrators to leave the building. He then said those refusing to leave the building would be cited and ordered to appear in court it he believed they understood what they were doing. When the policemen and paramedics entered to evacuate the building, only Stephan Saunders, 31, and Mark Johnson, 30, would give their names to police. Both men were given misdemeanor citations for obstructing a government operation and obstructing a public passageway. The charges against Johnson, however, weren't filed because he later decided to leave the building voluntarily. - ADAPT (117)
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.” - ADAPT (104)
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. - ADAPT (85)
THE DENVER POST THURSDAY, FEB. 25, 1982 METRO Two photos by The Denver Post / Jim Richardson. First: A small meeting room filled with tables set classroom style with white table cloths. Three rows face away from the camera toward the front of the room, and at the far end of the room four or five people face the camera and their audience. The more than a dozen people at the tables facing the front of the room are in wheelchairs. Caption reads: Representatives of Denver's handicapped community meet Wednesday with RTD officials. Second photo [on right side of story]: A tall thin man in a suit and tie, with a smile on his face, pushes a manual wheelchair through the aisles between tables. Caption reads: A wheelchair is presented to L.A. Kimball, RTD executive director. RTD Chief Is Given Wheelchair Handicapped Want Official to Experience Bus Problems First By JUDITH BRIMBERG Denver Post Staff writer To promote sensitivity “from the top," Denver's disabled community on Wednesday gave RTD‘s executive director, L. A. Kimball, a wheelchair and urged he ride the bus in it at least once a week. Kimball accepted the chair “in that good spirit“ and promised to use it as time allows. He refused to tell reporters exactly when he would simulate the plight of the handicapped. The exchange occurred at the first of a series of meetings mandated by a court settlement of a dispute between RTD and some handicapped Denver residents. More than 80 handicapped people or their representatives attended the session, held at the Plaza Cosmopolitan Hotel in downtown Denver. The handicapped had objected to the transit agency's reversal of a decision to install wheelchair lifts on 89 articulated buses which will go into service next year, pointing out federal funds are available to pay 80 percent of the cost. Those funds will remain unspent. Until RTD decides upon another operational use for them or the federal government takes the money back. Kimball has acknowledged. Wednesday, in a conciliatory gesture, Kimball announced that the transit agency was deferring plans to phase out its HandiRide for at least six months. Please See ATLANTIS on 6-B - ADAPT (103)
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.”