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Trang chủ / Đề mục / Thẻ lifts on all NEW buses 20
- ADAPT (127)
Rocky Mountain News 8/5/83 RTD proposes bus changes for disabled By Tony Pugh, Rocky Mountain News Staff Writer The Regional Transportation District, in an open forum with handicapped citizens Thursday, introduced changes designed to make buses more accessible for disabled riders. Mike Smith, director of transit operations, outlined the proposed improvements, which include a new material to improve traction on bus wheelchair lifts and a metal “kickplate,” designed to minimize wear on lifts from hitting curbs. A new rotary control panel, said to be easier for drivers to operate, and a new lift wiring system also were introduced. Although many people in the attendance voiced displeasure with bus driver insensitivity and mechanical failure of the lifts, others expressed gratitude to RTD for its efforts in accommodating handicapped riders. Bill West, chairman of RTD’s handicapped advisory council, said he is reasonably pleased with RTD officials’ commitment to the disabled community. “I think they’re committed to making the best of what they’ve been mandated to do, but I believe they have a tendency to focus more on the lifts rather than better driver training,” West said. Larry Ruiz, 29, typified the problems encountered by handicapped riders. Earlier this week, he was passed up by four buses as he waited at a stop outside Colorado General Hospital, said Ruiz, who is confined to a wheelchair. The first bus had no lift, the next two buses had lifts, but the drivers did not know how to operate them. After waiting more than two hours, the driver of the fourth bus called a HandyRide disabled vehicle which took Ruiz home. But that lift malfunctioned, Ruiz said. He had to be removed manually. This gathering was a forerunner to a meeting in late October between the American Public Transit Association and the newly formed American Disabled for Accessible Public Transit. A spokesman for the access group, Wade Blank, said it will made three demands to the association: * “Wheelchair accessibility by all public transit systems in the nation.” * “To serve notice to all bus manufacturers that only wheelchair accessible buses will be purchased by its members.” * “For the federal government to stand behind this moral position and develop laws and regulations supporting total access for the wheelchair bound public on public transit.” - 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 (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 (229)
San Diego Unlon, A-3 Tuesday, October 8 PHOTO by Associated Press: A man in wheelchair (George Roberts) leans forward slightly, his mouth open as if yelling, as two police officers and another man load him onto the wheelchair lift of a van. George is wearing an ADAPT T-shirt with the no steps logo and carries a picket sign on his back. Caption reads: A wheelchair-bound activist is arrested outside a downtown Los Angeles hotel where police said he and seven others blocked entrances and stairways Sunday. [Headline] Protests continue on public transport access by disabled Associated Press LONG BEACH — Activists yesterday staged a sit-in at the office of Rep. Glenn Anderson and held a second day of demonstrations in downtown Los Angeles protesting a lack of access to public transportation. About a dozen protesters, many of them in wheelchairs, crowded into the suburban Long Beach office of Anderson while others remained in the hall outside, said Anderson's executive assistant, Ann Ramirez. Anderson, a Long Beach Democrat, is chairman of the House Transportation Committee. Ramirez said the congressman had been scheduled to be at his office and at a speaking engagement in Los Angeles yesterday but had to cancel those plans and stay in Washington because of a heavy workload. ln Los Angeles, about 35 wheelchair-bound demonstrators protested peacefully while the American Public Transit Association held its annual conference. On Sunday, eight persons were arrested for investigation of failure to disperse and interfering with police as about 130 activists staged a demonstration. The arrests occurred after a procession of wheelchairs carried people with disabilities ranging from cerebral palsy to postpolio paralysis from MacArthur Park to the Bonaventure. "This is beautiful I am proud to be a disabled person. l am tired of being closed away," said Bob Kafka, of Austin, Texas, as he wheeled along. Kafka, a spokesman for the American Disabled tor Accessible Public Transit — and who has a broken spinal cord - was among those arrested later. The protesters had no permit to stage the parade, but Los Angeles police refrained from arresting paraders as they said they would. “Listen, how could we arrest all these people?" Capt. Bill Wedgeworth said. Along the parade route, motorists slowed to watch, The protesters targeted the convention because the transit association opposes a national policy mandating wheelchair lifts on buses, preferring to let each transit agency deal with access for the disabled locally. The protesters shouted, "Access now! Access now!" as police blocked them near the entrance, one floor above the main reception area. The Southern California Rapid Transit District has wheelchair lifts on 1,691 of its 2,445 buses, a spokesman said, and is retrofitting an additional 200. The eight arrested were not all immediately identified, but police said two were Edith Harris ol Hartford, Conn, and George Florom of Colorado Springs, Colo.