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Heim / Albúm / Merki bus purchase
+ broken promise 2
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 (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.”