On March 27, 2007, individuals with mobility impairments and an advocacy group filed a complaint in the U.S. District Court for the District of Colorado against five operators of "over the road bus" transportation, for violations of the Americans With Disabilities Act, Rehabilitation Act, and Colorado law. The plaintiffs alleged the defendants failed to provide accessible bus service.

Specifically, Plaintiffs claimed that they all experienced numerous problems with wheelchair access, including drivers not knowing how to operate wheelchair lifts, defective lifts, drivers not allowing them off the bus at rest stops, and accessible buses not being available despite 48 hours advance notice to the bus companies.



The plaintiffs claimed the defendants' actions violated the Americans With Disabilities Act, 42 42 U.S.C. § 12184; the Rehabilitation Act, Section 504, 29 U.S.C. § 794; and the Colorado Consumer Protection Act (CCPA), Colo. Rev. Stat. § 6-1-112. The plaintiffs alleged violation of the regulations 49 C.F.R. 37, which implemented the ADA as to companies that operated bus service. The CCPA allows a claim for damages against defendants who engage in deceptive trade practices. The plaintiff alleged defendants engaged in deceptive practices by promising accessible bus service but then failing to deliver.

The plaintiffs sought an injunctive relief, damages, attorneys' fees, and costs.

All defendants eventually settled and were dismissed by stipulation. The only substantive motions were a motion to dismiss and motion for summary judgment by two defendants, which they withdrew on June 5, 2008. It is unclear whether Greyhound and Busco/Black Hills also settled with the plaintiffs.

Presently, none of the settlement agreements are publicly available.

Eric Weiler - 05/25/2010


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