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Home / Albums / Tag negotiations 4
- 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 (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 (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 (152)
Rocky Mountain News 5-18-84 PHOTO (ROCKY MOUNTAIN NEWS STAFF PHOTO BY DAVID CORNWELL): A large meeting room in a business or hotel type setting. In the foreground a tough looking protester in a wheelchair holds a sign in front of him and looks sideways at the camera. Behind him more protesters in wheelchairs and men in suits stand around not looking at each other. Behind them is a table with 5 other people in wheelchairs sitting at it. Caption reads: Protesters meet with McDonald's representatives, standing from left, Joe Hill, Don Fowler and Dennis Morris. [Headline] McDonald’s officials, disabled to confer by Arnold Levinson, Rocky Mountain News Staff Writer A group of people who have threatened to block selected McDonald's restaurants around the country will meet with the company’s national executives to demand that the chain improve access for handicapped customers. The agreement to hold higher-level discussions was reached Monday in a wheelchair-packed room of the Denver Holiday lnn, where two dozen disabled people bargained for several hours with regional officials of the fast-food company. Both sides said afterward that the McDonald's national marketing and construction directors, as well as the vice president for store licensing, would attend the next meeting, which isn't scheduled yet. The outcome of Monday's meeting suggested that McDonald's is taking seriously the demands - and the threats — of ACCESS, a small, loosely knit coalition of handicapped-advocacy groups nationwide. Last week ACCESS members, most in wheelchairs, picketed two McDonald's restaurants in Denver. Led by members of the Atlantis Community, ACCESS vowed to begin a campaign against McDonald’s in several cities unless certain demands were met. “They can stop this thing from spreading today, or they can stonewall us and it will spread,” the Rev. Wade Blank, Atlantis Community leader, said Monday before the meeting. Jim Parker, a 38-year-old quadriplegic from El Paso, Texas, said afterward that ACCESS wants McDonald’s to promise that: * Entranceways,‘bathrooms and seating in all future outlets be “fully accessible" to the disabled. * Handicapped people appear in 10 percent of the company's advertisements. * The company make restaurants handicapped-accessible within a period yet to be agreed upon. McDonald’s regional officials declined comment Monday beyond saying that negotiations will resume within 30 days to address "the issues brought to our attention today." The regional office oversees operations in Colorado, New Mexico, Utah and part of Arizona. The company's national media office failed to respond to a request for information about McDonald's policies toward the handicapped. Behind the decision by ACCESS to target McDonald's are several factors, said Blank, not the least of which is the ripple effect that could occur if an accord is reached with a large, visible symbol of industry. If you can beat the big ones," said Blank, “the others will fall in place.” McDonald’s inaugurated the fast-food industry and leads competitors in the world market. Blank said the move on McDonald’s, which he called “symbolic of free enterprise," also represents a decision to take on the business sector after winning gains, such as bus lifts and curb ramps, from government. He acknowledged that last week's demonstrations were timed to coincide with the presence in Denver of about two dozen disabled people who arrived May 1 to study at the ACCESS Institute. The Atlantis Community uses the institute to teach its methods of advocacy. Alongside these political considerations is criticism of McDonald’s policies toward the handicapped, particularly what Blank called delays in remodeling older stores. “My daughter is in a wheelchair, and I can’t get her to a table," he said of one local McDonald's outlet “The only place she can eat is in the restroom, because it’s accessible."