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.

The settlement concluded without further litigation, and the case is now closed.

Eric Weiler - 05/29/2010
- 11/26/2018


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