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இல்லம் / ஆல்பங்கள் / குறிச்சொல் lifts on all NEW buses 4
உருவாக்கிய தேதி / 2013 / ஜுலை / 10
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 (97)
Rocky Mountain News, Tues., Oct. 19, 1992 Denver, Colo. RTD seeks to nullify handicap law By SUE LINDSAY News Staff Another skirmish in the ongoing battle waged by Denver’s handicapped to gain access to the city's bus system was staged Monday in Denver District Court, with the Regional Transportation District asking the court to declare the Colorado Handicapped Act unconstitutional. An organization of the handicapped has asked Judge Harold D. Reed to order RTD to purchase no buses that won't accommodate the handicapped and to retrofit older buses according to an agreement reached during a federal court case in 1979. The district court suit, filed in January, was triggered by RTD’s purchase of 89 buses to be delivered in 1983 without wheelchair lifts. RTD is trying to sidestep the provisions of that agreement, arguing that the federal regulations on which it was based no longer exist. RTD also wants the judge to declare the Colorado Handicapped Act unconstitutional because it is overbroad and too vague to be followed. THE JUDGE HEARD arguments by both sides Monday and said he will rule on the matter Nov. 9. Lawrence D. Stone, an attorney representing RTD, argued that the Colorado Handicapped Act is merely an expression of the Legislature's intention of how the handicapped should be treated. Stone argued that the statute prohibits discrimination but doe§n’t require any specific “affirmative actions” — such as buying only buses that contain wheelchair lifts. “The Legislature intended to enact the statute simply as an encouragement for the handicapped to be brought into the mainstream of society," Stone said. “They were encouraging rather than mandating better service for the handicapped. Any efforts are voluntary, and the voluntary efforts of RTD have been substantial.” Stone said that 50 percent of RTD buses are accessible to the handicapped during rush hour and all of them are during non-peak hours of operation. Stone also argued that the statute, which sets maximum criminal misdemeanor penalties of up to 60 days in jail and a $100 fine, is too vague and too broad to be enforced. Stone said the act doesn’t specifically define who is included and what must be done to comply with the statute. “We must guess at its meaning,” Stone said. "lt is clear that the act is a declaration of state policy. But is it a crime to fail to heed a policy of the state?” Stone argued that, apart from the Colorado statute, lawyers for the handicapped have misconstrued the meaning of a stipulation signed by RTD to resolve a federal suit over the handicapped buses issue. John Holland, an attorney representing the Atlantis Community, which filed the suit, said he and his clients understood that RTD was agreeing to purchase buses with wheelchair lifts and retrofit all buses purchased after February 1977 in compliance with federal regulations in effect at the time. Stone said RTD merely agreed that its “intention” was to achieve accessibility at the earliest practical date. He argued that RTD never promised that all of its buses would accommodate the handicapped. Calling the dispute “a legal and political war between the disabled and RTD," Holland said, "There was no doubt whatsoever that RTD knew for certain (that) what the plaintiffs wanted was total accessibility of buses. This has been our consistent demand everywhere. It's very simple what the agreement means. lt means that all buses must be made wheelchair accessible.” HOLLAND CHARGED THAT RTD was trying to weasel out of the agreement because the federal regulation in effect at the time it was reached has changed. At the time, federal regulations made it mandatory that new buses accommodate the handicapped. The mandatory regulation was dropped in July 1981, leaving the earlier regulation in force that encourages localities to do this and provides federal funding for the wheelchair lifts. “RTD made an agreement with us, and now RTD argues that it should not be bound by the settlement but to the law as it evolves and changes," Holland said. Reed called the stipulation “about as unclear a stipulation as I’ve ever read in my life. I don’t know what it means yet." The judge wondered aloud whether the parties had purposely used “tortured language” to solve the immediate problem, knowing they would wind up back in court.
ADAPT (105)
Denver Post 1/82 PHOTO (no credit given): A man in a wheelchair (Stephen Saunders) is tipped back in a wheelie by one man, as another bends forward over his legs and reaches down on the side of his wheelchair. Behind them a couple of police officers are visible. Caption reads: Stephen Saunders is carried away from the offices of the Regional Transportation District during a January protest over an RTD decision to not make some new buses accessible to the handicapped. [Headline] RTD Fighting Handicapped Act By Howard Pankratz Denver Post Staff Writer The Regional Transportation District, long at odds with various segments of Denver’s handicapped community is asking Denver District Judge Harold Reed to declare the Colorado Handicapped Act unconstitutional. At the time the state Legislature passed the act, it said it was doing so to “encourage and enable the blind, the visually handicapped, the deaf, the partially deaf, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment.” But RTD in motions filed in recent weeks with Reed, has charged that the statue is unconstitutionally vague and overbroad. RTD also says that those who violate the act are subject to a criminal penalty. In particular, RTD lawyers Alan E. Richman and Lawrence D. Stone take aim at a section the act which says the handicapped are “entitled to full and equal housing and full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation…” Does that mean, ask the RTD lawyers, that “cab drivers are liable for criminal penalty for refusing to buy cabs which can transport persons in wheelchairs? What about persons in iron lungs or on other life support systems? Does this mean that a private automobile has to be wheelchair accessible?” The act, they contend, is sweeping in nature and poses an “impossible conundrum… to an organization or a person who wishes not to violate its provisions on pain of criminal sanctions.” Those who violate the act are guilty of a misdemeanor and are subject to a maximum sentence of a $100 fine and 60 days in county jail. In January 1982, seven wheelchair-bound individuals and the Atlantis Community for the disabled accused the district in a lawsuit filed in Denver District Court of violating both the Colorado Handicapped Act and a settlement reached in federal court several years ago. Basically they contended that in the federal settlement RTD agreed that all new buses would have wheelchair-lift equipment. Although many of the new buses are accessible to people in wheelchairs, they contend that RTD has decided against making 89 new buses, due for delivery in June, accessible to the handicapped. By denying such access, says the lawsuit, RTD has breached both the terms of the federal settlement and the duties it owes the handicapped under the Colorado
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.