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ADAPT (135)
The Denver Post 7/8/90 [This article continues in ADAPT 138, but the entire story has been included here for easier reading] Perspective Access for the disabled: Cost vs. benefit Photo by RTD staff: A smiling African American man in a manual wheelchair, wearing a beret and with a sports coat over his lap is being helped to board a city bus by the driver, who is behind him. In front of the lift a woman stands waiting to board. Caption reads: A LIFT: The President's Committee on Employment of People with Disabilities was given a demonstration of an RTD lift during its 1987 convention which was held in Denver. By Al Knight Denver Post Perspective Editor Now, while the Americans with Disabilities Act is awaiting President Bush’s signature, would be a good time to reflect on what has been learned by this city's experience in attempting to provide full wheelchair access to public transportation. Assuming the president signs the bill as he says he will, public transit systems all over America will have to begin purchasing new buses equipped with wheelchair lifts, as well instituting a variety of other steps designed to enlarge employment opportunities for the disabled, improve services in state and local government, enlarge public accommodations, and create a national telecommunication relay service to aid the blind and deaf. Critics of the bill have argued that the nation is embarking upon a program without the vaguest clue of what its ultimate cost will be. In many ways, the dispute is a duplication of what took place in Denver in the early 1980s as the Regional Transportation District developed its policy on how rapidly to expand wheelchair access. There were a number of protests in which disabled residents in wheelchairs disrupted RTD service and were arrested. The protests were particularly disturbing for all concerned — RTD, the drivers and the police. The sight of an abled-bodied police officer toting away a wheelchair-bound citizen is not the stuff for law enforcement scrapbooks, nor is it the kind of publicity designed to attract bus riders generally. In 1982, the RTD board, which then was an appointed body, voted against equipping 89 new buses with special lifts capable of handling wheelchair passengers. That vote set off the protests. An elected board took over in 1983 and one of its first acts was to reverse that vote and authorize the purchase of the lifts at a cost of well over $1 million. At the same time RTD struggled with the issue of whether to retrofit existing buses with lifts, and in 1985 resolved it with a resolution that it would buy lifts for all new buses, but not pursue a retrofitting program. There had been a history of mechanical problems with some of the lifts, and on more than one occasion a lift would fail, dumping the wheelchair passenger in the process. In 1982, then Gov. Dick Lamm refused to go along with a proposal by the American Disabled for Accessible Public Transportation, which was demanding wheelchair access to “all U.S. public buses." Lamm suggested in a speech to the American Public Transit Association that such a policy might result in rides costing $600 each: “If America can't say no to a system that costs $600 per ride, we don't deserve to continue as a great nation.“ But as they say, that was then, this is now. Just last fall, RTD was awarded a special citation for having "the finest accessible bus service in the nation." The award came from the President's Committee on Employment of People with Disabilities. Indeed. it is beyond dispute that RTD has in some respects led the nation. Its experience in developing its current fleet of buses was the prime example used by congressional supporters of the Americans with Disabilities Act. In addition, it is a fact that RTD was the first agency to order its over-the-road buses equipped with lifts. Until RTD's first order, these larger vehicles had been built without lifts. The RTD program hasn’t been accomplished without significant expense. It has cost about $8 million for the lift equipment and millions more for parts, maintenance and training. But the latest figures show per-ride costs are far below the $600 figure mentioned by Lamm. The lifts cost about $13,000 a copy. Because the life of a bus normally is calculated at 12 years, this works out to a little more than $1,000 a bus per year. To this must be added the maintenance cost, which has been dropping each year. As recently as 1985 the cost of maintaining an individual lift was $1,798. This year the average is just over $500. Even without the retrofitting program rejected by the board in 1985, RTD has managed to increase greatly its percentage of lift-equipped buses. In 1985, only 54 percent of buses were so equipped. This year 81 percent are. In recent years, disabled ridership has gone up sharply. In 1982 it was just over 9,000 wheelchair boardings, but last year it reached an estimated 45,000. According to RTD figures, the per-ride cost may have reached $80 in 1984, but with the increase in ridership and the drop in maintenance cost, the cost per ride now has dropped to about $19 a ride, according to the latest calculations. What is not known is how many of Denver’s disabled community actually are served by the lifts. In the mid-1980s, it was estimated that only a few hundred wheelchair-bound residents were regular bus riders. Even as RTD has fitted new buses with the lifts, demands for its HandyRide service have continued to increase. This door-to-door service is available to both the elderly and the handicapped. Some of its wheelchair passengers could be served by regular buses, but many others are unable to get to the bus stop and therefore require the HandyRide service. Precise calculations aren’t available, but it is estimated the cost per ride for using the van service is about $50. Lamm, contacted this week, said he basically hasn’t changed his position on the issue. He said the $600 figure he used in 1982 was based on the experience of the St. Louis bus company. “To govern is to choose," he said, "and I don't believe this nation should make every bus wheelchair-accessible. Should the handicapped be provided transportation? Of course, but it should be provided in the most cost-effective way possible.” Lamm mentioned the expensive elevator system that is a part of the Washington, D.C., subway system as an example of a method that isn't cost-effective. The Denver experience does indicate that the costs of accommodating the wheelchair-bound citizen may not be an endlessly upward spiral. But the key indicator that needs watching is the number of passengers using the service. The taxpayers, the RTD board and staff members clearly have done their part. The wheelchair service is now available on nearly every bus, yet ridership has flattened out. The estimate of 45,000 wheelchair passengers for 1989 is just a few hundred higher than the 1986 level. More persons must be encouraged to use the service. Now that maintenance costs are down, the only way to decrease the still-considerate per-ride cost is to increase the number of passengers using the lifts. The most compelling case the disabled community can make for greater access is to demonstrate an even higher usage of the existing facilities. Highlighted Text: Even without the retrofitting program rejected by the board in 1985, RTD has managed to increase greatly its percentage of lift-equipped buses. In 1985, only 54 percent of buses were so equipped. This year 81 percent are. Photo by The Denver Post/Duane Howell: A slight woman in a wheelchair is being escorted out by two uniformed and one plainclothes police. She is telling one of the officers something and they are all listening with slight smiles on their faces. Behind this group a man in a wheelchair is following, escorted by another police officer and behind them three other policemen stand guard. Caption reads: PROTEST: An unidentified demonstrator at the Regional Transportation District office was escorted out during a 1982 protest over the purchase of new buses.
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PATRICIA SCHROEDER 1st District, Denver Colorado Washington Office: 3410 Rayburn House Office Building Washington DC 20515 (202)229-4431 District office: 1787 High Street Denver, Colorado 80218 (303) 837-2354 ARMED SERVICES COMMITTEE POST OFFICE AND CIVIL SERVICE COMMITTEE JUDICIARY COMMITTEE SELECT COMMITTEE ON CHILDREN, YOUTH & FAMILIES CONGRESSIONAL CAUCUS FOR WOMEN'S ISSUES. CO-CHAIR Refer reply to: American Disabled for Accessible Public Transit/kc August 13, 1984 Byron Johnson Chairman of the Board Regional Transportation District 1600 Blake Street Denver, CO 80202 Dear Byron: I’m sure you’re well aware of my long standing belief in providing handicapped-accessible bus service for Denver. I’m well aware, and appreciate the fact, that RTD has done quite a bit over the years to provide and maintain regularly scheduled buses for the handicapped. I now ask that you keep your good record in mind when considering bus purchases for inter-city transportation. The routes between Boulder, Longmont, Evergreen and Denver should be driven by buses that can carry all the constituents of RTD. Sincerely, Patricia Schroeder Member of Congress PS : kcb
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HCC [Handicapped Coloradan?] 2/84 Two photos by Bob Conrad: Top photo of person in a sports jacket and in a manual wheelchair on a lift getting ready to enter a bus with "Ride" written on the side. He is facing in toward the door of the vehicle. Bottom photo is of a person in a wheelchair sitting on a lift facing out the door of a bus. A man [Wade Blank] with long blonde hair and a plaid jacket stands beside the lift watching. Wheeler for a Day Jay Bear Baker, an RTD district director, finds out first hand what it's like to travel via "The Ride" when you're in a wheelchair. Baker was accompanied on the mid-February excursion by members of the American Disabled for Accessible Public Transportation (ADAPT). Baker boarded buses at Broadway and Colfax and traveled along Lincoln and Alameda. Four out of the five buses he attempted to ride had functioning lifts. in the bottom photo ADAPT member Wade Blank watches as Baker is lowered to the curb. Baker's rides included a trip on one of the 89 new articulated buses. Those are the buses which were equipped with lifts only after the newly elected RTD board voted to reverse a decision made by the old appointed board and former RTD General Manager L.A. Kimball. "The lift worked beautifully, " Blank said. "I've heard that a lot of drivers are praising it, too. " The expedition with Baker is part of a plan by ADAPT to encourage RTD to continue to make its system totally accessible to wheelchair riders. Blank said he's encouraged by some of RTD's 177 more lift-equipped buses as well as to correct wiring problems in many of like current lifts. RTD has also approved the use of a lift equipped over-the road coach on the Denver-Boulder run on an experimental basis. Blank said he has met with new RTD General Manager William Colby and warned him that Colorado’s three favorite sports were "skiing, hiking, and criticizing RTD."
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Denver Post Thursday October 11, 1984 Photo by Damian Strohmeyer/Denver Post: In a wide open plaza with almost no one in it, a lone person sits in a motorized wheelchair, back to the camera. In the distance at the other side of the plaza is a city bus, and behind it a group of people stand in a cluster. On the back of the wheelchair there are several bumper stickers, including "Disabled but able to vote", "Bill Armstrong", something with diagonal stripes that is unreadable, and "Build ramps not steps" with a picture of person in a wheelchair doing a wheelie. Caption reads: Lee Jensen at the scene of the ribbon cutting that opened new RTD Broadway station. Eight disabled Denverites protested the opening. Official contends transit funds scarce by Judith Brimberg If metropolitan Denver wants federal help for something like light rail, it must come up with a combined highway-transit plan for improving transportation in the region, the head of the federal Urban Mass Transportation Administration said Wednesday. Even then, administrator Ralph Stanley acknowledged, officials would be better off to rely on local money and public/private partnerships to finance light rail or some other system of mass transit. In Denver for the opening of the turnaround facility at the Civic center shuttle station, Stanley said in the interview that the days of big federal money for such projects are past. Because of tight federal budgets, cities must rely on the income from the 1982 gasoline tax increase for new projects. The 1 cent dedicated to public transit amounts to 1.2 billion a year, only 400 million is for new transit projects nationwide. Noting that cities asking for $36 billion worth of projects are ahead of Denver, RTD board chairman Bryon Johnson said in a separate interview, “it’s clear we will have to do it with our own money. Waiting for federal money is like queuing up in a store that is running out of merchandise.” Stanley said if gasoline tax were raised again, more money would be available for new projects. But noting that the 5 cent a gallon tax barely got through Congress two years ago, he said he thought waiting for another increase in the near future would be a waste of time. There still is federal money available for construction projects, and Stanley announced Wednesday that RTD will get more than $6 million to plan and construct a new central shops facility. Buses now are repaired and painted in shops at the Alameda and Platte garages. RTD General Manager Ed Colby said the new centralized facility would have more sophisticated repair equipment.
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ial/ Letters City Edition 2/20/85 Cartoon: A person sits in a wheelchair blocking a bus from moving. A group of police officers stand on the side-walk impatiently. The bus driver says to another person standing by the bus, “...By the way, speaking of arrogant displays of self-interest we’re going on strike.” [Cartoonists name indecipherable]
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Denver Post 1987/1989? PHOTO by Denver Post's Duane Howell: A man [Greg Buchanan] in a motorized wheelchair is being wheeled up a very steep ramp into a van. A uniformed policeman is pushing him up, and another man is standing behind them. Greg has a sign taped across his legs and on the side of his chair is a bumper sticker that reads "S.T.E.P.S. spells discrimination." Caption reads: ACCESS PROTEST: Police Capt. R.H. Kaspersen carts away Greg Buchanan, one of 26 wheelchair-bound protesters arrested Monday outside the entrance of the Radisson Hotel. RTD move to privatize bus routes praised: Transportation leader says city a step ahead. By Terry Kilewer Denver Post Stafl Writer Denver’s Regional Transportation District, which is contracting 20 percent of its service to private operators, may be a step ahead of other public transit systems with dwindling public money, delegates to a transit symposium were told Monday. Alfred DelliBovi, outgoing head of the Urban Mass Transportation Administration, praised Denver’s move to the forefront of privatization -- a trend toward government disengagement from transit that is catching on nationwide. RTD expects to save millions in future operating costs by farming out some bus routes to private companies, state Sen. Terry Considine, R-Cherry Hills Village, told an audience of 800 at the opening session of the two-day conference. Considine sponsored a bill last year to privatize a fifth of RTD's service. Now he wants to go even further by redirecting RTD tax revenues toward other transportation needs, notably a Denver encircling beltway. He said it’s time to reevaluate public transit, which is “21 times the tax cost per passenger-trip taken by private automobile." And he charged Gov Roy Romer with failing to “tackle the tough decisions that need to be made“ in state transportation legislation. A transit-and-highways bill Romer favored and Considine opposed died in the legislature last week. Romer disputed the senator's claims in remarks to the conference. Later, in an interview he said Considine is "out in left field" and out of step with his own political leadership on transportation issues. I agree you‘ve got to take advantage of all the savings you can. You've got to innovate with RTD; I signed (Considine’s) privatization bill last year. But more privatization won't take care of our highway problems." Considine and DelliBovi seemed in-step on privatization; though. The UMTA boss said the key to emerging federal policy in the public arena is "dwindling resources." During DelliBovi's two-year tenure at UMTA, the agency maintained the Reagan administration's bent toward frugal funding for transit construction and operations.
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Rocky Mountain News 12/15/1985 Disabled Protest RTD Buses By Joseph B. Verrengia Rocky Mountain News Staff Writer Denver police Thursday, arrested a handicapped protestor who ignored police warnings and rolled his wheelchair in front of a Regional Transportation District bus on East Colfax Avenue. Police said Mike Auberger, who belongs to a Denver-based, militant disabled-rights group known as ADAPT, was arrested at about 1:30 p.m. at the intersection of East Colfax Avenue and Cherry Street. Auberger, who also was arrested in Washington, D.C. last October for a similar disturbance at a national transit convention, was booked into the Denver County Jail for creating a traffic hazard. He was released at 6 p.m. on a personal-recognizance bond. A court appearance has not been scheduled. He was one of four disabled demonstrators who disrupted bus service at the East Colfax intersection for about one hour. They were protesting RTD’s delay in repairing broken wheelchair lifts on 303 buses. Squads of four wheelchair-bound protestors also blocked buses at the intersections of the 17th and California streets and Broadway and East Colfax Avenue. Wade Blank, an able-bodied demonstrators who organized the protests, said ADAPT will hold similar “hit-and-run rallies” at randomly selected bus stops throughout the six-county transit district until the RTD directors vote to fix the lifts. "RTD spent $250,000 moving Ed Colby’s furniture,” Blank said, referring to the amount RTD reimbursed new general manager Ed Colby for his 1984 moving expenses and related taxes, plus his regular salary. “But,” Blank said, “they won’t spend money to make these lift s work.” RTD has budgeted $753,059 to modify the lifts’ electrical systems, where transit officials estimate about 75 percent of the lift breakdowns occur. On Tuesday, the agency’s planning committee voted to delay the lift repairs until the directors reconsider the agency’s handicapped-passenger policy at a Feb. 26 board meeting. With lifts on about half of its 750 bus fleet, Denver has one of the nation’s most accessible public transit systems. However repairs to the unreliable lifts are so costly and disabled ridership so small – 12,000 rides a year – that some board members would prefer to transport handicapped passengers in specially-equipped vans. Blank and his protestors reject “dial-a-ride” and similar van service as separate–but-equal treatment. RTD spokeswoman Diana Yee said Thursday’s incidents caused brief “inconveniences” for passengers and forced several bus routes to run behind schedule. She said transit officials would call the police again if protestors continue to do lay bus service. “We cannot solve this issue on the street corner,” Yee said. Yee said RTD has scheduled two meetings next week in which handicapped protestors can challenge the agency’s decision to delay lift repairs. Photo by staff Frank Murray [in the Top Right Corner]: Two men in suit coats and ties cross the street in from of a city bus that is being blocked by two people in power wheelchairs. A man [Larry Ruiz] and a woman [Ellen Liebermann] sit in their power wheelchairs in front of the middle of an RTD bus, #28 headed to Applewood Village, blocking it from going forward. Caption: Larry Ruiz, left, and Ellen Liebermann park their wheelchairs in front of an RTD bus at 17th and California streets Thursday as part of protest of chairlift repair delays. Similar rallies are planned at other bus stops. Highlighted quote on top left of page: “We cannot solve this problem on the street corner.”- Diana Yee, RTD spokeswoman
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Denver Post [This article continues on in ADAPT 123, but the entire text is included here for easier reading.] Photo by Lyn Alweis: A short haired man in a jacket and dark slacks [Mel Conrardy] is lifted in his wheelchair from the sidewalk to a bus. The lift comes out of the front door of the bus and has railings on either side of the lift almost as tall as the seated man. Just by the bus door is a sign on the side of the bus that says "RTD Welcome Aboard." Caption: An RTD bus with wheelchair lift provides mobility for Mel Conrardy Title: Leaders of handicapped rate RTD service best in country By Norm Udevitz, Denver Post Staff Writer Disabled Denverites just a few years ago had as much chance of riding a bus as they did of climbing Mount Everest. “It was brutal the way RTD treated us,” said Mike Auberger, an official in the Atlantis Community, for the disabled and a leader in the fight that has turned the Regional Transportation District’s handicapped service around. In the 1970s and early 1980s, RTD busses then rarely equipped with wheelchair lifts, often left wheelchair-bound riders stranded on streets. Drivers, lacking training in dealing with visually or language impaired people, panicked when blind or deaf riders tried to board buses. “It used to be that even in the dead of winter, when it was below zero, those of us in wheelchairs would wait 2 or 3 hours for a bus to finally stop," Auberger recalls. “And often the lift was broken and we couldn't get on the bus anyway. And usually the drivers were rude and angry. They would tell us that we were ruining their schedules." But conditions have changed, Auberger says: “Right now, Denver has the most accessible public transit system for the handicapped — and all the public - in the country." Debbie Ellis, a state social services worker who heads the agency's Handicapped Advisory Council, agrees, saying: “It took a lot of pressure, but RTD has responded and now the bus system is doing a good job of serving the handicapped." Leaders of national programs for the disabled also agree. In fact, the President's Committee on Employment of the Handicapped will bring 5,000 delegates, many of them handicapped, to its national conference in Denver in April. This will be the first time in four decades the group has held its national session outside of Washington DC. “One of the key reasons we're meeting in Denver this year is because it just might be the most comfortable city in the country for the handicapped,” says Sharon Milcrut, head of the Colorado Coalition for Persons with Disabilities, which is hosting the conference. “A very important aspect of that comfort," she notes, “is how accessible the transit system is for the handicapped.” It didn't get that way easily. In the decade between 1974 and 1984, handicapped activists had to pressure indifferent RTD administrators and directors. Each gain was hard won. “We used every tactic in the book, from lawsuits to bus blockades on the street and sit-ins at the RTD offices," says Wade Blank, an Atlantis group director. “The lawsuits didn't help much but when we took to the streets in the late 1970s, I think that's when we started getting their attention." Blank and others also say the 1984 hiring of Ed Colby as RTD general manager helped. Before he arrived, less than half of the 750 RTD buses had wheelchair lifts, which often were in disrepair. Training for drivers to learn how to deal with handicapped riders was minimal. Agency directors resisted change. RTD relied heavily on a costly special van operation called Handyride - a door-to-door pickup service for handicapped. It has cost $13[? glare makes number hard to read] million to run since it began in 1975. “Over the past couple of years the turnaround has been phenomenal," Auberger says. “All of RTD's new buses are being ordered with lifts and older buses are being retrofitted." By 1986's end, almost 80 percent of the bus fleet — 608 of 765 buses — had wheelchair lifts; 82 percent of the fleet's 6,242 daily trips are now accessible for the disabled. Plans call for the fleet to be 100 percent lift-equipped by 1987's end. “The lifts aren't breaking down all the time now, either," Auberger said, noting that agency officials found drivers had neglected to report broken lifts: “That way the lifts stayed broken and drivers had an excuse for not picking us up. A bunch of people were fired over that and others realized that Colby wasn't kidding about improving handicapped service." Driver training also has improved dramatically. “It isn't perfect yet,” Ellis of the advisory council says. "But everyone is working hard at it. What we are finding is that 20 percent of the drivers understand that they are moving people, all kinds of people, and they're really great with the handicapped. “Another 20 percent figure their job is to move buses and to heck with passengers, all kinds of passengers. That bottom 20 percent probably won't ever change. So we're working real hard on the 60 percent in between," Ellis says. Drivers, for example, learn to help blind riders. “That’s an improvement that helps the disabled, but it also helps regular passengers who are newcomers to the city,” Ellis says. All the improvements haven't come cheap. Since 1974, more than $5million has been spent on lifts and lift maintenance, most of the expense was incurred in the last three years. RTD plans to spend $9 million more in the next six years to keep the fleet up to its current standards and pay for more driver training. Another $4 million will be spent on HandyRide service. Ironically, Auberger and Ellis both say one of the biggest problems remaining is getting more handicapped people to use mass transit. “There are no reliable figures," Ellis says. “But we think there are about 20,000 handicapped people in the metro area and only about 200 or 300 are using buses on a regular basis." Auberger, confined to a wheelchair after breaking his neck in an accident ll years ago, complains: “The medical system builds a bubble around handicapped people and makes them think they have to be protected. "That's just not true in most cases. So one of the things we're doing now is educating the handicapped to overcome their fears. We've finally got a bus system that works for us and we want the disabled to use it." Photo by Lyn Alweis: A rather straight looking man [Mel Conrardy] in a white jacket, big mittens, and a motorized wheelchair, wears a slight smile as he rides the bus. Someone in a dark jacket stands beside him, and behind him, further back on the bus, other riders are sitting on the bus seats. Caption reads: A bus seat folds up to anchor Mel Conrardy's wheelchair to the floor. Conrardy commutes to work at the Atlantis Community.
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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.
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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.
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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.
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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.
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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.
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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.
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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.