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主页 / 相册 / 标签 court ruling
+ Judge Matsch 2
ADAPT (93)
THE DENVER POST Thurs., July 6, 1978 p 24 [Headline] Having ‘Made Public Aware,' Disabled End Bus Barricade By FRED GILLIES, Denver Post Staff Writer and COKE DeBRUIN More than 30 severely disabled persons, most of them in wheelchairs, ended their 24-hour barricade of two Regional Transportation District buses in downtown Denver Thursday morning. The barricade was lifted by the disabled and their leaders at 9 a.m. Thursday. The demonstrators, still in high spirits after a night in the open near the buses, left the site in five specially equipped Handy-Ride buses that RTD sent to the scene. THE BARRICADE “served its purpose" in making the public aware that the handicapped aren't being adequately served by Denver’s public transportation system, said Wade Blank, co-director of the Atlantis Community for the handicapped in Denver. All but a few of the demonstrators are from Atlantis. At a press conference just before the barricade was lifted, Blank vowed that the disabled's civil disobedience action will be continued, but on a smaller scale, at various locations in Denver. The disabled will attempt to board other RTD buses and a demonstration probably will be staged at RTD's executive offices, Blank said. The barricade of the two RTD buses Wednesday near the intersection of East Colfax Avenue and Lincoln Street created a major traffic jam and caused police to reroute traffic away from the blocklong demonstration site. Traffic was back to normal at 9:30 a.m. Thursday. ALL DURING the demonstration, some of the disabled remained close to the buses. The number of handicapped persons guarding the immobilized buses thinned Wednesday night and early Thursday as many of the disabled slept in a nearby park area. Blank said Thursday that he and the disabled were"‘concerned" about the “paternalistic” attitude of Denver police called to the scene of the bus barricade. Police “gave the disabled special treatment when we broke the law, and they didn’t arrest us," Blank said. THE DISABLED want to he treated like everyone else, and were fully prepared to be arrested for their actions, said Blank who has no disability himself. Three persons, including two Atlantis attendants and the director of a Lakewood home for disabled children, were arrested Wednesday morning after they refused to comply with a police order to move out of the street. However, police records show that only two of those persons were booked and then released on bond. NONE OF THE handicapped demonstrators was arrested during the demonstration. But a police spokesman said Thursday morning that arrests of the disabled would become a very real possibility if the demonstration had continued into the day Thursday. While the demonstration generally was successful, it failed to inform the public that the federal govemment has made a commitment to pay 80 percent of the cost of all transportation for the disabled in the City and County of Denver, Blank said. “All RTD has to do is to ask for that money," Blank maintained. In a continuing effort, Blank said, Atlantis officials will be, contacting Colorado’s congressional delegation seeking their follow-through on the issue of transportation for the disabled. The demonstration apparently was "sparked by a ruling last Friday by U.S. District Judge Richard Matsch in federal court in Denver. In that ruling, Matsch rejected charges that the Regional Transportation District's failure to provide special access for handicapped persons on its buses constituted an unconstitutional infringement on those persons’ liberty to travel. THAT SUIT WAS the culmination of nearly five years of effort in trying to work with RTD in updating and equipping its fleet to accommodate the disabled, Blank said. “We thought the best way to change the system was to go through the courts, but that failed,” Blank said Wednesday night. "Now, where do we get the power to change RTD?" John Simpson, director of the RTD, spent four hours Wednesday talking with members of the handicapped group, attempting to persuade them to end their barricade of the buses and discuss the situation through existing channels. “We volunteered to meet with them there or at any other time,” Simpson said. “We have met with them many times in the past," he added. THE COURT DECISION, Simpson said, indicates “what we are doing isn't a violation of their constitutional rights. Our Handy-Ride service is one of the best in the nation. But they say they won‘t go away until every RTD bus has a chair lift on it." In a discussion with one of the demonstrators Wednesday, Simpson said that since 1975, RTD has operated 12 buses specially equipped to serve the handicapped. Eighteen similarly equipped buses are being readied for service “in the near future," Simpson said. And 10 other buses will be provided with equipment to serve the handicapped, hopefully by September, he added. But the coalition of the handicapped maintained RTD's Handy-Ride—a system equipped with wheelchair lifts and stairs-is “foul joke" inasmuch - as it serves only “a handful" of the 1,000 disabled persons on the waiting list. SIMPSON RESPONDED by maintaining there are 700 disabled persons on that waiting list, and many of those have indicated they need only occasional Handy-Ride service. RTD‘s last order for 231 buses, Sim said, specified that the vehicles have wide doors to accommodate the handicapped “when and if it becomes financially and economically feasible." Eighteen of the 231 buses will have wheelchair tie-down devices, and those buses [will] be placed in regular service whenever we're sure they‘re safe,” Simpson said. One of the demonstrators. Kerry Sc[_?__] 25, of Denver, said, “We're paying to support these buses. I have my rights. There's (handicapped) people tied up in homes. They can't get nowhere—shopping, to the movies or sports. In [lndia]neapolis, they have buses for the handicapped and they're running really g[ood.] I don't see why Denver doesn't have the same thing.” GLENN COPP, co director of the Atlantis Community, maintained that RTD Handy-Ride buses pick up the handicapped “only at a certain time and [bring] them only to a certain destination. Using private Ambocab service, [the] disabled must pay $17 for a round trip in the Denver area, Copp said. Blank, who is co-executive director the Atlantis Community for the handicapped, said it was the group's intention to have one of its members arrested to set a precedent. “But even if we busted, I don‘t know where we'd be Blank said. Police records show that one non-handicapped sympathizer, Lisa Wheeler, [of] Corona St., was booked then released on bond early Wednesday morning. She was arrested for failure to obey a police order to move out of the street. The demonstration took RTD office by surprise, and Jerry Richmond, “ma[nager] of communications, said the company hadn't been informed of the protest.
ADAPT (88)
Rocky Mountain News 7/6/78 [This story continues in ADAPT 91 but the entire text is included here for easier reading.] NEWS Photo by Dick Davis: A city bus is parked at an angle to the street across 2 or 3 lanes. In front, a small woman in a power chair and dark sunglasses, sits holding a very large sign that reads "Taxation without Transportation" and has a wheelchair symbol of access. Two other people in wheelchairs are backed up to the side of the bus and a small group of other people in wheelchairs are in the street by the blockers. Mel Conrardy is in the wheelchair closest to the camera. Caption reads: A group of handicapped persons "seized" two RTD buses Wednesday, protesting what they called the firm's insensitivity to handicapped. [Headline] Buses seized, police decline to make arrests [Subheading] DISABLED SNARL TRAFFIC IN PROTEST By GARY DELSOHN News Staff Protesting what they said was the Regional Transportation District's insensitivity to Denver's handicapped, about 25 disabled persons "seized" two buses during Wednesday morning's downtown rush hour, snarling traffic and daring police to make arrests. While supporters helped them board two eastbound buses on Colfax Avenue at Broadway, several persons in wheelchairs surrounded the crowded vehicles. Early morning commuters had to walk two blocks to catch other buses while RTD drivers radioed their headquarters for assistance. Shortly after the 8:30 takeover, police arrived, admitting they weren't sure what to do. As commanders came to assist, police decided not to arrest any handicapped protesters because, as one sergeant said, “We don't want to be the fall guys on this.“ Police said they didn't want to risk injuring any of the severely disabled persons by loading them into police vans, nor did they wish to be pictured in television newscasts or newspapers arresting persons in wheelchairs. TWO PERSONS WERE arrested for refusing to obey police orders, but they were local counselors - not in wheelchairs - who work with many of Denver's approximately 8,000 handicapped. John Simpson, RTD executive director, arrived at the scene about 10 a.m. and talked with the demonstrators, asking them to leave the street and explain their grievances away from traffic. The protesters refused to move, saying Simpson and RTD have been meeting with the handicapped for years and done little to solve their transportation problems. "Handicapped people have a right to ride the bus just like everyone else," said Lin Chism, a disabled University of Colorado at Denver student studying rehabilitation counseling. “Today is the first of many times we will have to do this to get RTD to come to some agreement with us.“ Calling themselves the Colorado Coalition of Disabled Citizens, the protesters, organized and led by Denver's privately owned Atlantis Community for the handicapped, said the demonstration was a response to last week's federal court ruling that RTD was not violating the constitutional rights of the city's handicapped by not providing them access to RTD buses. ATLANTIS AND OTHER groups representing the handicapped and elderly last year sued RTD to require installation on all new buses of devices providing access to persons in wheelchairs. Wade Blank, director of Atlantis, which helps handicapped persons adjust to non-institutional life, said demonstrators hoped to get the attention of U.S. District Court Judge Richard P. Matsch, who made last week's ruling, and "others in the judicial system so they know what we‘re up against. “Like Martin Luther King. we have tried to go through the system," Blank said. "Now, like Dr. King, we must practice civil disobedience until the judges change their minds or Congress makes new laws." A clerk for Judge Matsch said, “The judge does not respond to reporters‘ questions and makes no comment on a ruling he has made." Blank said Atlantis lawyers will appeal Matsch's decision. He said the group also plans additional disruptive protests. “These people have no place else to go," he said, adding that they would not even be able to attend meetings on the subject proposed by Simpson because they could not find transportation. Simpson, talking with protesters, police and reporters throughout the morning, said RTD is trying to help disabled persons get around town and is one of the most progressive agencies in the nation in that area. RTD HAS I2 BUSES equipped with hydraulic lifts and locking safety clamps for persons in wheelchairs. Simpson said. Transporting several hundred persons to and from work and school daily, the "special service", buses appear to be the best way to move handicapped persons, he said. Equipping other buses with elevator lifts wouldn't be feasible, according to Simpson, because many handicapped persons can't get to bus stops located throughout town. Simpson pleaded with the demonstrators to move and let the two stalled buses continue down Colfax Avenue, even ordering one of the special buses into the area to handle the crowd. He also took reporters through the bus, demonstrating its features. But the protesters refused to move, saying their problem wasn't one of immediate transportation but rather a long-term dilemma exacerbated by the fact that only nine of the 12 special buses are in use. The other three, they said, are in storage at RTD garages. Simpson said RTD will have another 28 buses designed to carry handicapped persons in operation by September but their use has been delayed by mechanical problems. POLICE COMMANDERS repeatedly tried to mediate an immediate solution to the the traffic jam created by the protesters, but demonstrators said they would not leave unless Simpson gave them a written promise that all RTD buses would be made accessible to the handicapped. Simpson, declining this offer, said he would meet "with anyone, any time" on the issue. "We have been sensitive," Simpson said. "But some of these problems Congress will have to address." Demonstrators also expressed concern that the waiting list to get on the special buses is 1,000 persons long and the only alternative for persons without friends or relatives to drive them around is a private cab service that charges about $16 per round trip. Many city and state officials were on the scene, watching and talking to police and demonstrators. Mary Krane, a supervisor in the city's social services department, said she quit RTD advisory committee on the handicapped and elderly last year in frustration. "I resigned because it was so hard to get anything done, " she said. "We messed around with a few things but nothing really happened. No one has been willing to make the capital investment necessary to make buses accessible to the handicapped." JEROME SPRIGS, A member of the Governor's Council on the Handicapped, said disabled persons "know they're getting the run-around from the RTD because many of these special buses are being used in rural areas." Lisa Wheeler, 20, an Atlantis counselor, and Bill Roem, who runs a Lakewood home for the physically handicapped, were arrested about 11 am after they ignored a police order to leave the street. "Police are doing their jobs, " Roem said from inside a squad car. "But there has to be some awareness of the problem." Ms. Wheeler and Roem were book at police headquarters and released on $100 bond. Police blocked traffic on Colfax Avenue from Delaware on the west to Lincoln on the east. Traffic during the evening rush hour didn't seem to move any slower than usual, as protesters said they probably would continue their vigil throughout the night.