Case: Taylor v. Regional Transp. Dist.

1:00-cv-00981 | U.S. District Court for the District of Colorado

Filed Date: May 11, 2000

Closed Date: 2006

Clearinghouse coding complete

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 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 defen…

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.

Summary Authors

Eric Weiler (5/29/2010)

Clearinghouse (11/26/2018)

People


Judge(s)
Attorney for Plaintiff

Breeskin, Michael Wayne (Colorado)

Fox, Timothy Patrick (Colorado)

Attorney for Defendant

Brougham, David R. (Colorado)

Expert/Monitor/Master/Other

Ellenby, Whitney L. (District of Columbia)

Jackson, Harold L. (District of Columbia)

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Documents in the Clearinghouse

Document

1:00-cv-00981

Docket

Sept. 28, 2001

Sept. 28, 2001

Docket

1:00-cv-00981

Amended Complaint

Oct. 5, 2000

Oct. 5, 2000

Complaint

1:00-cv-00981

Consent Decree

Sept. 28, 2001

Sept. 28, 2001

Settlement Agreement

Docket

Last updated April 19, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

FILING FEE PAID: on 7/1/99 in the amount of $ 150, receipt # 207084. (former empl) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

2

RETURN OF SERVICE of Summons and Complaint upon / by defendant Steamboat Spgs, City on 7/9/99 by serving Juline Struble City Clerk (former empl) (Entered: 07/26/1999)

July 23, 1999

July 23, 1999

3

ANSWER by defendant to complaint [1−1] (gms) (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

4

ORDER R16,stat,stlmt,pto,pto Cases referred to Magistrate Judge Michael J. Watanabe by Judge Zita L. Weinshienk (cc: to counsel) (gms) (Entered: 08/04/1999)

July 30, 1999

July 30, 1999

5

Certificate of Service (Compliance) by plaintiff re: LR 72.6(former empl) Modified on 08/05/1999 (Entered: 08/05/1999)

Aug. 4, 1999

Aug. 4, 1999

6

ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Michael J. Watanabe ; Rule 16 conference set for 2:00 8/24/99 (cc: all counsel) (gms) (Entered: 08/11/1999)

Aug. 10, 1999

Aug. 10, 1999

7

CERTIFICATE OF MAILING BY CLERK OF COURT OF of scheduling order dated 8/10/99 on 8/11/99 (gms) (Entered: 08/12/1999)

Aug. 11, 1999

Aug. 11, 1999

8

COURTROOM MINUTES by Magistrate Judge Michael J. Watanabe ; rule 16 conf held on 8/24/99 ; discovery ddl set 2/24/00 ; disp mtn ddl set 3/24/00 ; status conf set for 1:30 11/5/99 ; pretrial conf set for 8:30 5/24/00 ; entry date : 8/25/99 Court Reporter: Tape 99−50 (former empl) (Entered: 08/25/1999)

Aug. 24, 1999

Aug. 24, 1999

9

MINUTE ORDER : by Magistrate Judge Michael J. Watanabe parties to submit original scheduling order with corrections made of record 8/25/99 hrg nunc pro tunc 8/25/99 by 9/3/99 (cc: all counsel) ; entry date : 8/27/99 (former empl) (Entered: 08/27/1999)

Aug. 26, 1999

Aug. 26, 1999

10

SCHEDULING ORDER Magistrate Judge Michael J. Watanabe ; Discovery cutoff 2/24/00 ;dispositive motions due 3/24/00 (cc: all counsel) (former empl) (Entered: 09/09/1999)

Sept. 8, 1999

Sept. 8, 1999

11

MINUTE ORDER : by Magistrate Judge Michael J. Watanabe ; status conf set for 8:30 12/16/99 (cc: all counsel) ; entry date : 10/29/99 (former empl) (Entered: 10/29/1999)

Oct. 28, 1999

Oct. 28, 1999

12

MINUTE ORDER by Magistrate Judge Michael J. Watanabe status conf reset for 10:00 12/16/99 (cc: all counsel) ; entry date : 11/3/99 (former empl) (Entered: 11/03/1999)

Nov. 2, 1999

Nov. 2, 1999

14

Unopposed MOTION by plaintiff to extend disc deadlines (former empl) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

15

MEMORANDUM by Judge Zita L. Weinshienk referring to Magistrate Judge Michael J. Watanabe the motion to extend disc deadlines [14−1] (gms) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

16

MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion to extend disc deadlines [14−1], regarding [10−1] schedule order ; discovery ddl set 4/15/00 ; disp mtn ddl set 5/15/00 (cc: all counsel) ; entry date : 12/23/99 (former empl) (Entered: 12/23/1999)

Dec. 23, 1999

Dec. 23, 1999

17

MOTION by USA to intervene Attorney General and memorandum of points and authorities (former empl) (Entered: 02/04/2000)

Feb. 3, 2000

Feb. 3, 2000

Tendered Complaint in Intervention re: motion to intervene Attorney General [17−1] (former empl) (Entered: 02/04/2000)

Feb. 3, 2000

Feb. 3, 2000

18

CERTIFICATE of Service by USA (former empl) (Entered: 02/04/2000)

Feb. 3, 2000

Feb. 3, 2000

19

NOTICE of Change of Address of Fox &Robertson by plaintiff (former empl) (Entered: 02/11/2000)

Feb. 10, 2000

Feb. 10, 2000

20

RESPONSE by defendant to motion to intervene Attorney General [17−1] (former empl) (Entered: 03/02/2000)

March 1, 2000

March 1, 2000

21

MEMORANDUM by Judge Zita L. Weinshienk referring to Magistrate Judge Michael J. Watanabe the motion response [20−1] (former empl) (Entered: 03/03/2000)

March 2, 2000

March 2, 2000

22

Unopposed MOTION by plaintiff to extend disc deadlines (former empl) (Entered: 03/21/2000)

March 17, 2000

March 17, 2000

23

MEMORANDUM by Judge Zita L. Weinshienk referring to Magistrate Judge Michael J. Watanabe the motion to extend disc deadlines [22−1] (former empl) (Entered: 03/21/2000)

March 20, 2000

March 20, 2000

26

Entry of ATTORNEY APPEARANCE for plaintiff by Michael Wayne Breeskin (former empl) (Entered: 04/25/2000)

April 18, 2000

April 18, 2000

24

ORDER by Judge Zita L. Weinshienk granting motion to intervene Attorney General [17−1] clk to add United States as intervenor to caption of action and clk to file stamp cmp in intervention adding intervenor USA (cc: all counsel) ; entry date : 4/21/00 (former empl) (Entered: 04/21/2000)

April 20, 2000

April 20, 2000

25

INTERVENTION COMPLAINT by intervenor USA (former empl) (Entered: 04/21/2000)

April 20, 2000

April 20, 2000

27

MOTION by defendant Steamboat Spgs, City for status conference hearing (former empl) (Entered: 05/08/2000)

May 4, 2000

May 4, 2000

28

ANSWER by defendant Steamboat Spgs, City to complaint [25−1] (former empl) (Entered: 05/08/2000)

May 4, 2000

May 4, 2000

29

MEMORANDUM by Judge Zita L. Weinshienk referring to Magistrate Judge Michael J. Watanabe the motion for status conference hearing [27−1] (former empl) (Entered: 05/08/2000)

May 5, 2000

May 5, 2000

30

MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion for status conference hearing [27−1] ; status conf set for 10:00 6/7/00 (cc: all counsel) ; entry date : 5/10/00 (former empl) (Entered: 05/10/2000)

May 8, 2000

May 8, 2000

31

RESPONSE by plaintiff to motion for status conference hearing [27−1] (former empl) (Entered: 05/11/2000)

May 9, 2000

May 9, 2000

33

MINUTE ORDER : by Magistrate Judge Michael J. Watanabe ; settlement conf set for 8:30 9/20/00 (cc: all counsel) ; entry date : 6/9/00 (former empl) (Entered: 06/09/2000)

June 8, 2000

June 8, 2000

34

MEMORANDUM by Magistrate Judge Michael J. Watanabe ; settlement conf held 9/20/00 no settlement reached (former empl) (Entered: 09/22/2000)

Sept. 20, 2000

Sept. 20, 2000

35

MINUTE ORDER : by Magistrate Judge Michael J. Watanabe, setting telephone status conference for 10/31/00 at 9:30, stay on discovery is cont. until further order of court (cc: all counsel) ; entry date : 9/22/00 (former empl) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

36

COURTROOM MINUTES by Magistrate Judge Michael J. Watanabe ; Re: Telephone Status Hrg, counsel instructed to submit motion for dismissal to Senior Judge Weinshienk by 11/30/00, counsel are to meet to discuss atty's fees and costs. entry date : 11/1/00 Court Reporter: MJW Civil Tape 2000−100 (former empl) (Entered: 11/01/2000)

Oct. 31, 2000

Oct. 31, 2000

37

MINUTE ORDER : by Magistrate Judge Michael J. Watanabe, telephone conference call was held 10/27/00, all parties have advised that this case is settled and the settlement was placed on the record. Settlement agreement is approved and parties shall submit their written stipulation for dismissal before Senior Judge Weinshienk by 11/30/00, All future hrgs set before Magistrate Judge Watanabe are vacated. (cc: all counsel) ; entry date : 11/1/00 (former empl) (Entered: 11/01/2000)

Oct. 31, 2000

Oct. 31, 2000

38

ORDER by Judge Zita L. Weinshienk ; Magistrate Judge Watanabe's office has advised the court that this case has settled; Case is held in abeyance pending filing of settlement papers; settlement papers ddl set for 11/30/00 If papers have not been rec'd by 12/7/00 case will be dismissed without prejudice (cc: all counsel) ; entry date : 11/2/00 (former empl) (Entered: 11/02/2000)

Nov. 1, 2000

Nov. 1, 2000

39

MOTION by plaintiffs to extend date by which to file settlement papers to 12/7/00 and compliance with DC COLO LR 7.1(A) (former empl) (Entered: 11/29/2000)

Nov. 28, 2000

Nov. 28, 2000

40

MINUTE ORDER : by Judge Zita L. Weinshienk granting pla's motion to extend date by which to file settlement papers to 12/7/00 [39−1] ; dsm papers ddl set for 12/7/00 (cc: all counsel) ; entry date : 11/30/00 (gms) (Entered: 11/30/2000)

Nov. 29, 2000

Nov. 29, 2000

41

CONSENT DECREE by Judge Zita L. Weinshienk (cc: all counsel) ; entry date : 12/12/00 (former empl) (Entered: 12/12/2000)

Dec. 11, 2000

Dec. 11, 2000

42

MOTION by plaintiffs to extend deadline for plaintiffs to move for an award of their fees and costs (former empl) (Entered: 12/20/2000)

Dec. 19, 2000

Dec. 19, 2000

43

MINUTE ORDER : by Judge Zita L. Weinshienk granting pla's motion to extend deadline for plaintiffs to move for an award of their fees and costs [42−1] until 1/15/01 (cc: all counsel) ; entry date : 12/20/00 (former empl) (Entered: 12/20/2000)

Dec. 19, 2000

Dec. 19, 2000

44

Unopposed MOTION by plaintiffs to extend deadline for pla's to move for an award of their fees and costs (former empl) (Entered: 01/12/2001)

Jan. 11, 2001

Jan. 11, 2001

45

MINUTE ORDER : by Judge Zita L. Weinshienk granting pla's motion to extend deadline for pla's to move for an award of their fees and costs until 2/12/01 [44−1] (cc: all counsel) ; entry date : 1/17/01 (former empl) (Entered: 01/17/2001)

Jan. 12, 2001

Jan. 12, 2001

46

MINUTE ORDER : by Magistrate Judge Michael J. Watanabe ; further settlement conf set for 8:30 1/30/01 (cc: all counsel) ; entry date : 1/25/01 (former empl) (Entered: 01/25/2001)

Jan. 24, 2001

Jan. 24, 2001

47

NOTICE regarding plas' attys' fees and costs by plaintiff Timothy Richardson, plaintiff Jonathan Steele; the issue was resolved at the 1/30/01 settlement conf (lam) (Entered: 02/10/2001)

Feb. 7, 2001

Feb. 7, 2001

Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 11, 2000

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled individuals using public fixed route bus service in Colorado

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Colorado (Denver, Denver), Regional

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $250,000

Order Duration: 2001 - 2006