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Etusivu / Albumit / Tunniste state civil rights law 3
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 (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 (80)
Rocky Mountain News [Headline] RTD board stalls action on bus lifts By JERRY Brown News Staff Photo by Jose R. Lopez, News: A man sits in a manual wheelchair with a somewhat disgusted look on his face. He is wearing glasses, has a goatee type beard and a powerful looking body, in that CP, non-body builder way. He holds a coat in his lap. Caption reads: Leroy Duran speaks at RTD hearing on the subject of wheelchair lifts for 89 articulated buses. He was one of more than 20 people, many of them handicapped, urging RTD board members to reverse a decision not to buy the lifts. The Regional Transportation District board of directors made no decision after spending three hours Tuesday listening to appeals from the handicapped community that the directors reverse a decision not to put wheelchair lifts on 89 articulated buses scheduled for delivery in 1983. With only ll of the 20 members present for the special meeting, the directors postponed action on a compromise proposal to put lifts on 45 of the high-capacity articulated buses until its regular monthly meeting on Dec. 17. Eleven affirmative votes are required for any board action, so it would have required a unanimous vote of those attending Tuesday’s session to reverse or amend the board's Nov. 19 decision not to buy the wheelchair lifts. Most of the board members at the meeting also attended a secret two-hour staff briefing on the issue before the public session. L.A. Kimball, RTD executive director, said public notice of the board briefing wasn't necessary because it wasn't a formal board meeting. At the public meeting, more than 20 speakers urged board members to reverse their decision not to buy the lifts. Attomey John R. Holland, who represented the Atlantis Community for the handicapped in an earlier lawsuit against RTD, said the decision not to put lifts on the articulated buses violates a 1979 negotiated court settlement under which Atlantis agreed to drop a lawsuit against the agency on the accessibility issue. Gregory D. Jones, RTD's legal counsel, disagreed. In that agreement, RTD promised to make its fleet accessible to the handicapped “through a program of accessible new bus purchases and the wheelchair-lift retrofit of existing buses susceptible to retrofit." In a separate policy statement, the board members promised to make half of RTD's peak-hour service accessible to the handicapped — a policy that some board members have suggested should be rescinded. Even without lifts on the articulated buses, Kimball said, RTD will meet the commitment to make half of its.peak-hour service accessible to the handicapped. RTD has [846? the number is very difficult to read] lift equipped buses in its [646? unclear] bus fleet, but only 60 of the lift-equipped buses are used for wheelchair-accessible service. Kimball promised that the lifts on the remaining 286 buses would be operating by next summer. The buses first must be equipped with wheelchair restraints, RTD officials have said. Holland also said RTD may be required by state civil rights legislation to make the articulated buses accessible to the handicapped. Members of the Atlantis Community have threatened to sue RTD an effort to force the agency to put lifts on the buses if the agency doesn't order the lifts. RTD's staff recommended that the lifts be eliminated from the bus order because of the cost — $1.1 million, or more than $12,000 per bus — and expected maintenance problems. Eighty percent of the money for purchasing the lifts would come from federal funds. RTD originally ordered the buses with the lifts, but on Nov. 19 the board voted 11 to 5 to rescind the decision to buy the lifts. When the buses were ordered in March, federal regulations required that wheelchair lifts be installed to all buses purchased with the aid of federal funds, but that rule has since been withdrawn by the Department of Transportation.