University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Taylor v. Regional Transp. Dist. DR-CO-0007
Docket / Court 1:00-cv-00981 ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
On May 11, 2000, plaintiffs with mobility impairments sued a public transit agency the U.S. District Court for the District of Colorado, for violation of the Americans With Disabilities Act and the Rehabilitation Act alleging their bus system presented numerous barriers to access, subjecting the ... read more >
On May 11, 2000, plaintiffs with mobility impairments sued a public transit agency the U.S. District Court for the District of Colorado, for violation of the Americans With Disabilities Act and the Rehabilitation Act alleging their bus system presented numerous barriers to access, subjecting the plaintiffs to delay, embarrassment, and ridicule by passengers and drivers. Specifically, Plaintiffsclaimed that the buses had inoperative lifts; drivers did not know how to operate the lifts; the defendant failed to provide adequate alternatives when accessible buses were not available; drivers, staff, and passengers harassed the plaintiffs and did not assist them; that drivers retaliated against the plaintiffs when they complained; and many other problems, all in violation of Title II of the Americans With Disabilities Act, 42 U.S.C. § 12131 et seq., 28 C.F.R. Part 35, and 49 C.F.R. Parts 37 and 38; the Americans With Disabilities Act provision that deals with retaliation, 42 U.S.C. § 12203 and 28 C.F.R. § 35.134(a); and section 504 of the Rehabilitation Act, 29 U.S.C. § 794. The plaintiffs sought a declaratory, injunctive and monetary relief.

On June 28, 2001, the court approved a consent decree. The decree required the defendant to make the following changes to its bus operation: implement a computerized system to track complaints and reports on disabled access; ensure all buses have operating lifts; train drivers and make changes to the driver disciplinary policy; require drivers to test the lifts before each shift; provide alternate transportation if a disabled individual could not use a lift; and give disabled passengers the option of being secured on the bus, rather than requiring their wheelchair or other devices to be secured. Undercover disabled individuals would monitor compliance with the decree. They would make three monitoring trips per day on random routes for the first year and one trip per day for the second year. The decree would last five years from the date of approval. The defendant was to pay $250,000 in damages, attorneys' fees, and costs. For each violation of the decree, the defendant agreed to pay $75 in liquidated damages. Any disputes would be resolved through mediation and, if that failed, the district court.

Eric Weiler - 05/29/2010


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Plaintiff Type
Private Plaintiff
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) State of Colorado
Plaintiff Description Disabled individuals using public fixed route bus service in Colorado
Indexed Lawyer Organizations Civil Rights Education and Enforcement Center
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2001 - 2006
Case Closing Year 2001
Case Ongoing No
Docket(s)
1:03-cv-11206-NMG (D. Colo.) 09/28/2001
DR-CO-0007-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint 10/05/2000
DR-CO-0007-0001 PDF | Detail
Consent Decree 09/28/2001
DR-CO-0007-0002 PDF | Detail
Judges Watanabe, Michael J. (D. Colo.) [Magistrate]
DR-CO-0007-9000
Weinshienk, Zita Leeson (D. Colo.)
DR-CO-0007-0002 | DR-CO-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Breeskin, Michael Wayne (Colorado)
DR-CO-0007-0002 | DR-CO-0007-9000
Fox, Timothy Patrick (Colorado)
DR-CO-0007-0001 | DR-CO-0007-0002 | DR-CO-0007-9000
Robertson, Amy Farr (Colorado)
DR-CO-0007-0001 | DR-CO-0007-0002 | DR-CO-0007-9000
Williams, Kevin William (Colorado)
DR-CO-0007-9000
Defendant's Lawyers Brougham, David R. (Colorado)
DR-CO-0007-0002 | DR-CO-0007-9000
Other Lawyers Ellenby, Whitney L. (District of Columbia)
DR-CO-0007-9000
Jackson, Harold L. (District of Columbia)
DR-CO-0007-9000
Kaufman, Richard Carl (Colorado)
DR-CO-0007-9000
Lee, Bill Lann (California)
DR-CO-0007-9000
Nichol, Allison (District of Columbia)
DR-CO-0007-9000
Wodatch, John L. (District of Columbia)
DR-CO-0007-9000

- click to show/hide ALL -

new search
page permalink

- top of page -