[Colorado-talk] FW: [Alerts] CCDC Needs Your Help: RTD Continues to Deny Access to Wheelchair Seating Locations

Tue Jul 23 18:51:48 UTC 2013

Greetings, our friends at CCDC are pursuing an ever, growing problem on RTD
buses.  If you have any information about this problem or have experienced
it yourself, please contact CCDC per the below.

Thanks,

Scott C. LaBarre, President

National Federation of the Blind of Colorado

-----Original Message-----
From: alerts-bounces+slabarre=labarrelaw.com at lists.ccdconline.org
[mailto:alerts-bounces+slabarre=labarrelaw.com at lists.ccdconline.org] On
Behalf Of CCDC Member Alerts List
Sent: Tuesday, July 23, 2013 12:24 PM
To: slabarre at labarrelaw.com
Subject: [Alerts] CCDC Needs Your Help: RTD Continues to Deny Access to
Wheelchair Seating Locations

                               [image: Inline image 1]

RTD CONTINUES TO DENY ACCESS TO WHEELCHAIR SEATING LOCATIONS

On June 5 and 6, we marked the 35th Anniversary of the Gang of 19 shutting
down RTDs bus operations at the intersection of Broadway and Colfax Avenue
to protest inaccessible public transportation.  (Pictured is the plague at
that intersection memorializing this event).  Friday is also the 23rd
anniversary of the signing of the Americans with Disabilities Act.  CCDC
filed a lawsuit against RTD in 2000 and monitored its operations under a
court ordered Consent Decree for five years.  After that Consent Decree
ended, CCDC has continued to challenge RTDs ADA violations.  CCDC
specifically challenged RTD regarding its wheelchair location and securement
area policy in 2007.  CCDC did not file a lawsuit because RTD agreed and
implemented new signage and driver training programs to ensure passengers
who use wheelchairs can board and ride as required under the law
Unfortunately, today, passengers who use wheelchairs still cant board the
bus because RTD allows nondisabled passengers to bring on large objects like
carts and strollers and LETS THEM SIT IN THE ADA REQUIRED WHEELCHAIR
LOCATIONS.  Instead of telling the nondisabled passenger to move for a
boarding passenger in a wheelchair, drivers tell the passenger who uses a
wheelchair, The bus is full, and refuses to board the passenger.

CCDC is investigating a rash of recent complaints from individuals who use
wheelchairs regarding blocked access to wheelchair locations and securement
areas.  The ADA requires public transportation to provide accessible seating
locations for passengers who use wheelchairs. The ADA prohibits drivers from
refusing or denying passengers who use wheelchairs access to the wheelchair
seating areas.  Not only are the wheelchair locations and securement areas
required to be available, but passengers who use wheelchairs must have
access between those areas and the lift or ramp.
Large obstructions in the aisle that delay boarding and de-boarding by
passengers who use wheelchairs are also unlawful.

There is no law that protects the rights of passengers who bring other
objects on the bus, e.g., wagons... or shopping carts, ... or strollers.
The Gang of 19 engaged in civil disobedience to guarantee our right to
ride on the bus.  People with disabilities crawled up the capitol steps to
demonstrate our need for civil rights protection.  We all fought hard to
ensure the passage of the ADA.  We only have two seating options on the bus.
The ADA guarantees we get to ride there.  NOT people with strollers or carts
who can move to the back of the vehicle or travel without the devices.
Strollers can be folded up, and parents may hold their children.
Wheelchair users have no other choices.  Many transportation providers
forbid strollers and other similar devices on public transportation.

7         Are you a person with a disability who needs to use the ramps or
wheelchair lifts and needs to use the wheelchair locations on busses?

7         Have you been refused or denied service because "the bus is full"
when the wheelchair locations are occupied by people with strollers or other
equipment?

7         Have you had to wait an extended period of time in the hot sun
while drivers argue with belligerent passengers who don't want to move?
Have you heard the driver incite passengers with "Wheelchair comin on!  She
won't wait for the next bus.  You have to move out of those seats? And the
other passengers look at you like you caused the delay?

If you have experienced these issues or others related to passengers
bringing items on the bus that impede your access, please fill out the form
that can be found here:  RTD Access to Wheelchair Locations
Complaints<http://bit.ly/18APzKd> .

CCDC strongly encourages you to take pictures or video recordings of these
problems when they occur.  You should also be sure to complain to RTD
directly.  You may do so by calling 303-299-6000 or emailing *
cismail at rtd-denver.com*.  If RTD has no record of your complaint, nothing
will change.  Most RTD busses have cameras and record what happens.  These
recordings automatically record over every 48 hours.  When you complain to
RTD, request to see the video from your incident.  CCDC will assist in
reviewing these.

CCDC needs as much evidence as we can gather to show RTD what passengers
who use wheelchairs experience every day.   There is a box to check on the
form if you have pictures or video.  We will contact you.

--

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