RTD light rail violates federal disability act, group says in lawsuit

A disability advocacy group claims in a federal lawsuit that the Regional Transportation District’s light rail system throws up barriers to those who use wheelchairs and other mobility devices.

The class action complaint — filed this week in U.S. District Court — alleges RTD is violating the Americans With Disabilities Act for not making enough room for wheelchair and mobility-device users on light rail trains.

The suit also contends that light rail train operators allow people with strollers and bicycles to use the areas of the train that are required to be accessible to passengers who use wheelchairs.

The suit was filed by the Colorado Cross-Disability Coalition and several of its members and names RTD as the defendant.

“For many of us, especially those of us who use motorized wheelchairs, public transportation is our only option,” said Julie Reiskin, executive director of the coalition and a plaintiff in the lawsuit. “One of the problems with RTD light rail trains is that they do not provide legally required space for people who use wheelchairs and other mobility devices to board and exit the train without having undue maneuverability problems.”

RTD spokesman Scott Reed said the agency has not seen the lawsuit, but they “do encourage the CCDC to discuss matters with us rather than filing a lawsuit first and asking questions later.”

The lawsuit says the designated wheelchair areas do not provide the required minium clear floor space of 48 inches-by-30 inches. That means it is nearly impossible for two people who use wheelchairs to use the designated wheelchair locations at the same time.

Also, the suit says, non-disabled passengers using strollers and other large objects are allowed to use the wheelchair ramp to board the trains and occupy the designated wheelchair seating locations.

Train operators often don’t ask those non-disabled passengers to move from the wheelchair seating area when a passenger using a wheelchair is trying to board the train, the lawsuit claims.

Operators also let passengers with bicycles to bring their bikes into the front light rail train car, an area needed for passengers in wheelchairs to get on and off, the action said.

RTD recently reached an agreement with the coalition that prompted the agency to enforce a policy preventing people with strollers and large items from sitting in a wheelchair designated areas on buses.

Monte Whaley: 720-929-0907, mwhaley@denverpost.com or twitter.com/montewhaley