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Home / Albums / Tags John Holland + articulated buses 2
- 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 (80)
Rocky Mountain News [Headline] RTD board stalls action on bus lifts By JERRY Brown News Staff Photo by Jose R. Lopez, News: A man sits in a manual wheelchair with a somewhat disgusted look on his face. He is wearing glasses, has a goatee type beard and a powerful looking body, in that CP, non-body builder way. He holds a coat in his lap. Caption reads: Leroy Duran speaks at RTD hearing on the subject of wheelchair lifts for 89 articulated buses. He was one of more than 20 people, many of them handicapped, urging RTD board members to reverse a decision not to buy the lifts. The Regional Transportation District board of directors made no decision after spending three hours Tuesday listening to appeals from the handicapped community that the directors reverse a decision not to put wheelchair lifts on 89 articulated buses scheduled for delivery in 1983. With only ll of the 20 members present for the special meeting, the directors postponed action on a compromise proposal to put lifts on 45 of the high-capacity articulated buses until its regular monthly meeting on Dec. 17. Eleven affirmative votes are required for any board action, so it would have required a unanimous vote of those attending Tuesday’s session to reverse or amend the board's Nov. 19 decision not to buy the wheelchair lifts. Most of the board members at the meeting also attended a secret two-hour staff briefing on the issue before the public session. L.A. Kimball, RTD executive director, said public notice of the board briefing wasn't necessary because it wasn't a formal board meeting. At the public meeting, more than 20 speakers urged board members to reverse their decision not to buy the lifts. Attomey John R. Holland, who represented the Atlantis Community for the handicapped in an earlier lawsuit against RTD, said the decision not to put lifts on the articulated buses violates a 1979 negotiated court settlement under which Atlantis agreed to drop a lawsuit against the agency on the accessibility issue. Gregory D. Jones, RTD's legal counsel, disagreed. In that agreement, RTD promised to make its fleet accessible to the handicapped “through a program of accessible new bus purchases and the wheelchair-lift retrofit of existing buses susceptible to retrofit." In a separate policy statement, the board members promised to make half of RTD's peak-hour service accessible to the handicapped — a policy that some board members have suggested should be rescinded. Even without lifts on the articulated buses, Kimball said, RTD will meet the commitment to make half of its.peak-hour service accessible to the handicapped. RTD has [846? the number is very difficult to read] lift equipped buses in its [646? unclear] bus fleet, but only 60 of the lift-equipped buses are used for wheelchair-accessible service. Kimball promised that the lifts on the remaining 286 buses would be operating by next summer. The buses first must be equipped with wheelchair restraints, RTD officials have said. Holland also said RTD may be required by state civil rights legislation to make the articulated buses accessible to the handicapped. Members of the Atlantis Community have threatened to sue RTD an effort to force the agency to put lifts on the buses if the agency doesn't order the lifts. RTD's staff recommended that the lifts be eliminated from the bus order because of the cost — $1.1 million, or more than $12,000 per bus — and expected maintenance problems. Eighty percent of the money for purchasing the lifts would come from federal funds. RTD originally ordered the buses with the lifts, but on Nov. 19 the board voted 11 to 5 to rescind the decision to buy the lifts. When the buses were ordered in March, federal regulations required that wheelchair lifts be installed to all buses purchased with the aid of federal funds, but that rule has since been withdrawn by the Department of Transportation.