Plaintiffs alleged RTD light rail trains do not provide the required space to allow at least two persons using wheelchairs or other mobility aids to access the train and have sufficient room to ride the train without interfering with the maneuvering space of others getting on and off the train.
Department of Transportation regulations require that each light rail train have at least two wheelchair locations that provide 30″ x 48″ of clear floor space, which does not unduly restrict passenger flow. See 49 C.F.R. § 38.83.
On November 18, 2014, CCDC and four of its members who use wheelchairs filed a class-action complaint, seeking to get the Court to order RTD to provide the required 30″ x 48″ clear floor space for at least two passengers who use wheelchairs or mobility aids that also allows for maneuvering space for other passengers.
On November 14, 2016, the Parties requested the Court certify the class and approve the settlement agreement. The Court issued its Preliminary Approval Order on April 3, 2017. For the full settlement agreement, see Exhibit 1 to the Unopposed Motion for Certification of a Class for Settlement Purposes Only and Preliminary Approval of Class Settlement Agreement.
On July 10, 2017, the Court granted Plaintiffs’ Unopposed Motion for Final Approval of Class Action Settlement Agreement. At long last, we have reached a settlement agreement in this case that has been approved by the Court. Thank you all for bringing this important case.
On August 11, 2022, the Class Action Settlement Agreement expired. All parties met their obligations under the agreement. The larger accessible seating areas have benefited passengers who use wheelchairs and other mobility devices who require the space when using light rail vehicles.
- 2014.11.18 Class Action Complaint, #1 Class Action Complaint
- 2015.06.19 Third Amended Class Action Complaint , #65 Third Amended Class Action Complaint
- 2015.06.29 RTD’s Motion for Summary Judgment, #67 Motion for Summary Judgment
- 2015.07.09 Plaintiffs’ Cross-Motion for Summary Judgment, #71 Cross-Motion for Summary Judgment
- 2016.02.23 Order, #123 Order
- Final RTD – Light Rail Settlement Agreement (with exhibits), Settlement Agreement (2016-10-31)
- 2016.11.14 Motion for Certification of a Class for Settlement Purposes Only and Preliminary Approval of Class Settlement Agreement, #151 Motion to Certify Class
- 2017.04.03 Preliminary Approval Order, #155 Order
- Press Release, Joint Press Release
- 2017.06.26 #157 Motion for Final Approval, #157 Motion for Final Approval
- Notice of Class Settlement Agreement, Notice
- 2017.07.11 Order Granting Final Approval, #159 Order Granting Final Approval
- Final Approval Transcript, Transcript
- November 19, 2014, Colorado Public Radio RTD Light Rail Discriminates Against People In Wheelchairs, Federal Lawsuit Says
- November 19, 2014, Denver Post RTD light rail violates federal disability act, group says in lawsuit
- April 26, 2017, Denver Post RTD removing seats to improve wheelchair maneuverability on light rail cars
- July 12, 2017, Denver 9 News RTD altering light rail trains to make them more wheelchair accessible following lawsuit
- July 13, 2017, Denver 9 News RTD settles disability lawsuit
- October 11, 2017, CBS 4 Denver Settlement Prompts Changes To RTD Light Rail Trains
- October 11, 2017, CBS 4 Denver RTD Makes Big Changes To Its Light Rail Trains After Settlement
- July 23, 2020, Mass Transit RTD of Denver retrofits its light-rail cars for better accessibility accommodation