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Home / Albums / Denver RTD 65
- ADAPT (86)
Rocky Mountain News PHOTO, News Photo by Jose R. Lopez: A thin woman [Theresa Preda] with dark hair and a big smile stands facing a man [LA Kimball] sitting at a "classroom style" conference table. He has a sickly smile on his face as he looks up at her. Between the tables and beside the woman is a manual wheelchair and she is pointing to it. It appears a man in another wheelchair [Mark Johnson] is pushing the wheelchair toward Teresa. At the table next to Kimball another man, also a presenter, who does not appear to have a disability, stares at Kimball with a slightly startled look on his face. Caption reads: Theresa Preda presents a wheelchair to RTD Executive Director LA. Kimball, right. Disabled riders' flap marks parley By JERRY BROWN News Staff Acting under a court order, Regional Transportation District officials and members of Denver's handicapped community met Wednesday to discuss their differences, but a longstanding argument among the handicapped over the type of bus service they want dominated the session. The 90-minute meeting at the Cosmopolitan Hotel opened with two organizations that have fought for accessible service on RTD’s regular routes presenting a wheelchair to RTD Executive Director L.A, Kimball and urging him to use it to learn firsthand the difficulties handicapped people experience in riding buses. Kimball pledged to use the wheelchair presented by Atlantis and Holistic Approaches to Independent Living, but told reporters: “l probably won't tell you in advance when I'm going to do it." The meeting was the result of a negotiated court order between RTD and the two organizations stemming from a series of demonstrations the organizations staged at RTD buildings in January. Atlantis and HAIL were protesting the transit agency's decision not to put wheelchair lifts on 89 buses scheduled for delivery next year. They have filed a lawsuit in Denver District Court in an attempt to force RTD to put lifts on the buses. But more than half of the l00 or so handicapped people attending the meeting indicated they believed RTD should focus its efforts on the door-to-door service that RTD has provided the handicapped for more than five years — not the accessible service on regular routes advocated by Atlantis and HAIL. Kimball drew cheers when he announced that the door-to-door service, known as Handi-Ride, would not be discontinued this summer as planned. " Kimball said the door-to-door service would continue until sometime next year, and suggested that the handicapped groups present join in a regional effort to devise a system under which someone else would provide the door-to-door service when RTD ends it. RTD began providing wheelchair-accessible service on some regular routes last summer and has promised to have half of its peak-hour service and virtually all of its off peak service wheelchair accessible by July 1. Saying RTD cannot afford to provide both types of accessible service, RTD officials had said they would discontinue the HandiRide service after July 1. The threatened loss of HandiRide service has created a split within the handicapped community, which dominated Wednesday's meeting. Spokesmen for Atlantis and HAIL said they believe both types of service are necessary, and promised to fight any efforts by RTD to discontinue the HandiRide. They accused RTD of using the HandiRide to create dissension among their ranks and “stacking” the audience by sending invitations to HandiRide patrons. But Atlantis spokesman Wade Blank said: "In a way RTD did us a favor." Blank said the meeting would help open communications between the two handicapped factions. - ADAPT (77)
The Selma of handicapped rights By Melanie Tem One recent Sunday morning, Kathy Vincent, a 41-year-old Denver woman with cerebral palsy, decided to go to church. She left her apartment, which she had just moved into after spending years in a nursing home, and propelled herself to a No.15 bus stop downtown. She saw "what looked like a wheelchair bus" approaching, and prepared to board it via the hydraulic lift. Instead, the driver told her the lift had been disconnected and, "this isn't a wheelchair bus anymore." The next wheelchair-accessible bus would arrive, he told her, in 30 minutes. "By that time," Vincent later recalled, "church would have been over." That incident has made Vincent a sympathizer with the more militant of Denver's disabled community - led principally by the Atlantis Community and HAIL(Holistic Approaches to Independent Living) - who are demanding that Regional Transportation District dramatically increase the number of wheelchair-accessible buses in its system. Specifically, they want the 89 new "articulated" buses on order to be equipped with wheelchair lifts, and have filed a lawsuit to force the issue. Articulated buses aren't suitable for conversion to wheelchair accessibility, according to RTD spokesman Kathy Joyce. Since they can carry more passengers and travel at higher speeds - their articulated (bendable) design allows them to take corners faster - they are intended for use on heavily traveled express routes. Joyce estimates it takes 5 to 7 minutes to load a passenger in a wheelchair, and another 5 to 7 minutes for unloading - delays which RTD considers unacceptable in a high-speed, efficient transportation system. FOR STEVE SAUNDERS, the issues go beyond personal convenience and articulated buses. Saunders, 31, also has cerebral palsy. He lives alone in a Capitol Hill apartment and works at HAIL. Saunders, along with other demonstrators assembled in RTD offices a few months ago, protested the board's decision to order the articulated buses without wheelchair lifts. Demonstrators blocked stairways and chained themselves to doors, to dramatize their point they said. Saunders was the only demonstrator to accept a summons from the police, an action which guaranteed a day in court. Last month he got his day, but had little opportunity to express his views, as the charges against him were dismissed. But, he said later he views the conflict as “a clear human rights issue. What we're demanding is equal access to public transportation, just like everybody else." Many bus drivers and able-bodied passengers seem skeptical about this view of the situation. While all sides in the dispute agree that so far public reaction to the wheelchair-accessible buses has been positive, there seems to be some sentiment now that the activists have gone too far. Several drivers put it this way: "They keep saying they want to be treated like ordinary people, when the fact is they're not ordinary people and they'd better accept that." Attitudes like that are, said Wade Blank of the Atlantis Community, disturbingly reminiscent of earlier civil rights struggles. He calls Denver, "the Seima of the handicapped rights movement." Similar battles have been or are being waged in Los Angeles, St. Louis, Washington, D.C., and other cities across the country by the handicapped. The 90 percent accessible transportation in Seattle is lauded as proof of what can be done. Blank, who is able-bodied, thinks of himself as a "liberator," and contends the issue of full accessible public transportation is critical as disabled people across the nation organize and develop their power. RTD's Joyce, whose younger sister Heannie is disabled and a member of Atlantis, seems to echo this perspective when she says, "We feel that all this has less to do with RTD’s commitment to accessibility, which goes back a long way and hasn't changed, and less to do with articulated buses than with politics and economics." As corporations bring new money into Denver, she says, Atlantis and HAIL are moving to ensure that disabled citizens will be taken seriously. "They're making a statement," she says. "We understand that. But we can't allow it to change what we do." RTD, she says, is committed to making half of its entire system wheelchair-accessible by July of this year. ANOTHER POLITICAL FACTOR is RTD's first board election, to be held in November. Members of the disabled community are interviewing candidates to determine their willingness to support issues of concern to that constituency. HAlL's Saunders already has announced his candidacy. In other cities, much has been made of the low usage of wheelchair-accessible vehicles by the disabled. RTD's records indicate that of a total 160,000 rides per average day, disabled riders average between 90 and 260 per week. Neither RTD nor the disabled seem alarmed by this fact. Training, they agree, is the key. Saunders and others provide one-on-one training in bus riding to disabled passengers, and RTD trains both drivers and potential passengers. Both sides also seem willing to be patient with the equipment failures that plague any intricate mechanical apparatus. The issue ls complex, emotional and, for the disabled, very personal. Says Kathy Vincent, who can't travel anywhere on her own and has to rely completely on wheelchair-accessible buses: “l never was militant before. But now l don’t have any choice." - ADAPT (102)
Rocky Mountain News Friday, May 7, 1982 All RTD routes to serve disabled By Jerry Brown News-Staff Regional Transportation District officials plan to provide wheelchair-accessible service on all RTD routes beginning next month, fulfilling a commitment made three years ago. “As far as I know, we are the first in the country to get this far,” in providing bus service for the physically handicapped, said district spokeswoman Kathy Joyce. About 150 rides a week currently are taken by handicapped passengers on the 10 routes in Denver, two in Boulder and all routes in Longmont that offer wheelchair-accessible service, Joyce said, with a peak weekly ridership of 270. The expansion of accessible service follows completion of the installation of wheelchair lifts on 186 AM General buses purchased by RTD in 1977 and 1978. RTD purchased 127 new buses from General Motors of Canada, and RTD also has 33 older buses that had been previously equipped with lifts, giving the agency 346 lift-equipped buses out of a total fleet of 671. RTD spent $3,882,222 - or $20,872 per bus - retrofitting the AM General buses, Joyce said. RTD doesn't have cost figures for the lifts on the new buses, which were delivered early last year. The cost of lifts on those buses was included in the $15.5 million purchase price, Joyce said. Beginning June 6, half of all rush-hour buses and all off-peak buses will be wheelchair accessible, RTD Executive Director L.A. Kimball said. Wade Blank, co-director of the Atlantis Community for the handicapped, said his organization is pleased with the proposed new service. RTD also has promised a public relations program to promote the new service, another longtime Atlantis goal, Blank said. Atlantis filed a lawsuit in 1977 and staged a series of demonstrations in 1977, 1978 and 1979 in efforts to force RTD to make its regular routes accessible to the handicapped. In mid-1979, RTD agreed to make all its routes wheelchair accessible after the U.S. Department of Transportation issued national regulations requiring that half of all rush-hour buses be wheelchair-accessible by July 1982. The federal regulations were rescinded last year, but RTD agreed to meet its earlier commitment, anyway. Earlier Atlantis held more demonstrations to protest RTD’s decision not to put wheelchair lifts on 89 new buses scheduled for delivery next year. Atlantis is challenging that decision in Denver District Court. RTD became one of the first transit agencies in the United States to offer wheelchair-accessible service on regular routes last June when it began providing such service on some of its busier routes. - ADAPT (110)
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. - ADAPT (81)
Rocky Mountain News PHOTO, News Photo by Jose R. Lopez: A sweet looking woman (Terri Fowler) in a wheelchair in a tank top sits on a porch. Behind her is a shady yard. Caption reads: The bus strike is hampering Terri Fowler's quest of a school diploma Handicapped hardest hit by RTD strike By NORMAN DRAPER, News Staff The strike by union employees of the Regional Transportation District has ayed havoc with 26-year-old Terri Fowler's education. Paralyzed from the waist down and confined to a wheelchair as a result of a congenital spinal defect, Fowler expressed concern that the strike could jeopardize her efforts to obtain a high-school-equivalent diploma. Fowler is one of Denver's 16,000 physically handicapped residents, most of whom are in wheelchairs. They are among the hardest hit by the strike, according to Bob Conrad, a co-administrator of the South Federal Boulevard office of Atlantis Community Inc., an association formed to help mentally and physically disabled Denver residents. THOUSANDS OF THESE people were dependent on RTD for transportation to and from their jobs, Conrad said. A lot of them, stranded by the strike, fear they may lose their jobs. “People are really beginning to worry about that," Conrad said. “We've gotten a lot of calls from disabled people wondering how they can get rides." Fowler makes a living by tutoring at the Atlantis Community learning Center for the disabled. That hasn't proved to be a problem. On Mondays, Wednesdays and Fridays, she can wheel herself to the Atlantis office on 194 S. Federal Blvd., a few blocks from her home. It's no problem getting to the Atlantis Office at 429 Bannock St. either. She works there Tuesdays and Thursdays. One of the other employees picks her up and takes her home in a van. That's when she does her grocery shopping. But getting to the Community College of Denver Auraria campus, where she is working on her GED (general equivalency diploma), is another matter. WITHOUT THE BUSES to take her, she hasn't been able to go to school since the strike began. She's been in the GED program for a year, and now she's afraid she might flunk. "So far, I'm doing good in school, but if I miss too much, I‘ll be behind," said Fowler, from her wheelchair on the back porch of the Atlantis Bannock Street Center “As long as I keep reading and do some math every day, it’s not too bad." Still if the RTD strike continues much longer, Fowler said that she may get so far behind that getting her diploma will be impossible. She's [unreadable] degree in December, then go on to a job. She attends classes Tuesday through Thursday mornings, [unreadable]. Unfortunately, said Fowler, the strike came at a time when she was making progress in her reading comprehension. - ADAPT (101)
RTD bobbles budget, buys rejected lifts By: Burt Hubbard News Staff The Regional Transportation District board of directors rejected to move to equip its new buses with wheelchair lifts but unknowingly included $1.2 million in its budget to buy them. The revelation came one day after the RTD board approved a $185.8 million budget that includes $21.4 million to buy 89 articulated buses for 1983. But the buses will cost the district only $20.2 million. The remaining $1.2 million is slated for wheelchair lifts that won’t be put on the buses. RTD Executive Director L.A Kimball has said that handicap ridership on the more than 300 buses that now have lifts do not justify the cost for the new buses. “WE HAVE CARRIED as many as 50 (handicapped) individuals on any particular day using 331 vehicles,” he told the board Thursday. RTD board member Charlotte Houston said Friday she didn’t realize that fact when she made a motion Thursday to add $1.3 million to the 1983 budget to outfit all 89 buses with lifts. The board defeated the motion 10-5. Those voting against the lifts said current low-frequency ridership by handicapped people doesn’t justify equipping more buses and cited increased maintenance costs of the lifts. Asked about the snafu, Houston said, “I guess I should have known.” Nor did RTD board member Tom Bastien know the lift money had been kept in the budget when he moved to equip half of the new buses with lifts. The board rejected the move 8-6. “THAT’S INTERESTING,” said Bastien Friday. “Why didn’t the (RTD) staff tell us?” Even Kimball said he wasn’t aware that the lift money was still in the budget. Kimball blamed the error on a staff member who, he said, apparently had failed to delete the money for the lifts from the budget. The confusion dates back to July 1981 when the district signed a contract with M.A.N. Truck and Bus Corp. to buy the 89 buses for $21.4 million with the lifts included. The buses were to be delivered between June and September 1983. But in December 1981, the RTD board voted to take the lifts off the buses and reduce the total price by $1.2 million. The 1983 budget, however, failed to reflect the reduced price. Kimball said the omission won’t alter the budget. “THERE’S NO NEED to change it,” he said. “We won’t spend it.” About 80 percent of the cost of the lifts would have been paid by a federal grant. And Houston and Bastien said the fact that they wouldn’t have had to increase the budget to get the lifts didn’t affect the vote. “I don’t think it would have made much difference,” said Houston. “We needed 11 votes to pass it.” The votes on the lifts came after about a dozen people, including several politicians, urged the board to make the buses accessible to the handicapped. The handicapped community has vowed to try again for the lifts after a newly elected RTD board takes office in January to replace the appointed 21-member board. - ADAPT (113)
This is a continuation of the story in ADAPT 99 and the entire article is included there for easier reading. - ADAPT (82)
PHOTO, News Photo by Steve Groer: A view from above down into a room filled with people, most in wheelchairs, sitting in a rough circle with one person in the middle. Next to that person is a desk with typewriter and paperwork on it. Caption reads: Members of Atlantis Community stage protest at RTD headquarters. Handicapped protest lift vote RTD’s rescission of plan assailed By JERRY BROWN News Staff About two dozen handicapped people, most of them in wheelchairs, staged a two-hour sit-in at the Regional Transportation District’s executive offices Thursday after RTD’s directors voted to rescind plans to install wheelchair lifts on 89 articulated buses scheduled for delivery in 1983. The protestors, all from the Atlantis Community, agreed to leave, but only after: * RTD Executive Director L. A. Kimball and three board members promised they would try to arrange a meeting between the full board and Atlantis members unhappy with Thursday’s vote, with the possibility that the board will reconsider its vote. * Kimball agreed to delay implementing the decision to rescind the lift order until after the proposed meeting takes place, if possible. Before the compromise was reached, the Atlantis members said they were prepared to spend the night at the RTD office -- unless removed by the police. RTD official called police and Denver paramedics, and they waited in a nearby room, ready to remove the protesters if the negotiations failed. Co-director Wade Blank said Atlantis members are prepared to stage daily visits to Kimball’s office and take the issue to court if the board sticks by the decision not to buy lifts. Blank said Atlantis members also plan to stage demonstrations during Kimball's public appearances. Blank said Atlantis members say Kimball, who became RTD’s executive director Sept. 14, is the one who persuaded the board to rescind the order for the wheelchair lifts. Last spring, when RTD ordered the articulated buses federal regulations required that all new buses purchased with federal funds be equipped with wheelchair lifts. Eighty percent of the $2l.6 million purchase price of the buses, including the lifts, will come from federal funds. Eliminating the lifts would reduce the purchase price by $1.1 million, or $12,571 per bus, according to RTD. The regulations requiring wheelchair lifts on new buses were rescinded by the Department of Transportation in July, and Kimball said Thursday that eight of the nine other bus agencies who have ordered the articulated buses as part of a consortium that includes RTD have decided not to buy the lifts. Anticipating that the regulations might be rescinded or overturned in court, RTD and the other bus agencies included the wheelchair lifts as a revocable option in their order. RTD has until Nov.27 to cancel its order for the lifts without penalty. After that date, RTD would have to buy the lifts or pay a penalty to drop them from the manufacturer's specifications. More than 100 handicapped people or representatives from agencies providing services to the handicapped were present for the board vote, and more than 20 speakers argued against rescinding the lift order. With only 16 board members present and 11 votes required to rescind the lift order, it appeared at one point that the speakers had swayed enough board members to win their case. But the board voted 11-5 to revoke the order for the lifts, with chairman Lowell Hutson casting the deciding vote after he counted to see how many board members had voted on each side. The Atlantis members then left the board meeting room in the basement of RTD’s headquarters at 1325 S. Colorado Blvd. and occupied part of the building's fifth floor, where Kimball and other RTD executives have their offices. Nearly two hours later, Kimball and board members C. Thomas Bastien, Kathi Williams and Mary Duty came upstairs to negotiate an end to the demonstration. Atlantis, which has long advocated making all of RTD‘s buses accessible to the handicapped, staged a series of sit-ins and other demonstrations against RTD a few years ago because the agency wanted to provide separate service for the handicapped. Relations between the two organizations improved significantly two years ago after RTD agreed to make half of its peak-hour service accessible to 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.” - ADAPT (100)
Rocky Mountain News, Mon., June 7, 1982 Denver, Colo. p.37 WE’RE ACCESSIBLE! We set our sights on July 1 for increased accessibility. We've beat our goal by nearly a month. During peak hours 50 percent of all Denver-area local service is now equipped with wheelchair lifts. Nearly 100 percent of off-peak local service is now accessible. Please check your schedule for times of lift-equipped buses. Trips will be marked with the wheelchair symbol. If you need special assistance in learning how to use the lift, just give us a call at 628-9000, extension 2118. We are pleased to be able to accommodate our handicapped patrons with expanded service nearly one month ahead of schedule! (signature) L.A. Kimball Executive Director and General Manager 3 PHOTOS (in clockwise order; no credits given). First: A man in a wheelchair sits on a lift into the front door of a city bus. An access symbol is visible by the driver's door of the bus. Second: A woman in a manual wheelchair entering the front of an accessible bus, by the farebox. Three: An RTD bus with RTD "The Ride" written on the side of the bus. In large print at the bottom it says: Striving for the Best Service RTD The Ride - ADAPT (107)
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.” - 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 (116)
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. - ADAPT (115)
This article is a continuation of the story in ADAPT 116 and the text is included there for easier reading. - ADAPT (119)
Billings Gazette 6/15/83 Disabled learn persuasion tactics by ROGER CLAWSON, of the Gazette Staff Disabled persons have a right to ride public buses, and — with a bit of political savvy - they can enforce that right. That was the message Wade Blank, a Denver handicapped association activist, brought the Montana Independent Living Project conference in Billings Tuesday. Blank said it would cost $180,000 to equip Billings’s Met transit system buses with wheelchair lifts. The federal government would pay 80 percent of that cost. Blank said public buildings have been made accessible to handicapped persons, public transportation should also be accessible. He outlined how his group, the Atlantis Community, fought to make the Denver bus system provide wheelchair lifts and suggested tactics to those who would make the Met accessible to handicapped: * Lobby for support. In Denver, Blank said, major churches endorsed the Atlantis crusade. * Build public awareness. Because handicapped people are unable to ride the buses, they are never seen by bus drivers or transit officials. Blank suggested putting a person in a wheelchair on every bus to spend the day riding and handing out literature calling for equal access. * Lawsuits may be needed to force public officials to explain how federal money, given with certain strings attached, has been spent. * Serve notice that you won’t be bought off with special transportation systems. “They do not run special buses for blacks,” Blank said, "they should not be allowed to segregate the handicapped.” Participants of the conference noted that the only transportation available to the handicapped in Billings is furnished by Special Transportation Inc. (STI), a private, non-profit corporation that provides transportation for the elderly and handicapped under contract. Use of STI by handicapped adults is confined to trips for medical appointments.