Everyone that works in the realm of disabled parking knows that we have a problem…there are too many placards out there –7 for each legitimate user at latest estimate. People often assume that the abuse is due to everyone wanting the “good spaces” that are close to the building. That may be a desirable feature, but a much more desirable feature is that in some jurisdictions, people with a placard or disability plates do not need to pay for parking. As parking becomes more expensive and harder to find, the temptation to use a disability placard inappropriately grows.
Why is disabled parking free? It stems from the fact that often governments and parking lot owners do not make the payment system accessible to all. To be accessible it must be something that one can reach even if one uses a wheelchair or is of short stature. It also has to be accessible to someone without use of fingers or hands. Lowered meters with phone payment options are available in other cities but Colorado has not widely adopted this requirement. The ideal situation would be accessible meters so people with disabilities can park where everyone else parks and pay like anyone else. Equality means doing what everyone else does….even paying for parking. However, until the method of payment is accessible, payment cannot be required.
Only a small subset of people that require accessible parking actually have a problem using a meter. People that use wheelchairs and are unable to stand at all cannot use a meter. People with no hand use or finger coordination cannot use most meters. People of short stature cannot reach meters. Most others with disabilities can use meters. Anyone who simply cannot walk a long distance, people that use wheelchairs but can stand, and people with one good hand can all use a meter.
HB 18-1285 Remuneration-Exempt Disability Parking Placard was an attempt to create a second specialized placard to distinguish individuals who truly cannot use a meter so only those individuals would be eligible for free parking in accessible spaces. Others would still be able to park close, use the wide spaces, etc., but would be expected to pay in metered zones.
Individuals will be qualified for the new placard for the following reasons
Unfortunately this definition excludes one group of people unable to reach a meter. CCDC lobbied for a modification of the 3rd qualifier above to read “Ability to reach or access a parking meter due to disability”. However our proposed amendment to make the bill accomplish the goal was rejected.
This law is permissive meaning that local governments are free to enact it or not. CCDC believes that it would be discriminatory to give free parking to only some people that cannot reach a meter based not on function but on whether or not they use a wheelchair. Some people that use wheelchairs can stand. Some people have wheelchairs that elevate their seats. On the other hand others walk but due to small size are not able to reach a meter or pay slots. Because the Americans’ with Disabilities Act requires state and local governments to avoid discrimination, even though this is a state law, local governments could be at risk for litigation if they implement the law as written. The ADA is a federal law and federal law supersedes state law.
We do not know at this time if any municipalities are planning to use this new provision. Below are some frequently asked questions about the law:
When will the Law go into effect? January 1st 2019
Will the new law cover the entire State? Yes, each municipality will decide whether or not they will change their rules to match the new law.
How can I get a new placard? You do not need a new placard, but an additional placard. There is no application for this additional placard at this time. Information on obtaining and renewing a placard or plate is here.
That is likely the same place the new applications will be when they are ready.
What are the rules about disabled parking? The state has a brochure outlining the rules.
If you have strong feelings about whether or not your local government should implement this law reach out to your city council or county commission. CCDC believes the idea is right but that it must apply to ALL disability types that cannot reach or use a meter. As a cross-disability organization we cannot support leaving out one disability type. We also believe there should be an “other” category to account for some condition that no one has thought of that might not fit on any list. The exemption from payment should be based on disability related function-the inability to use meters or pay structures.
CCDC also has concerns about education and outreach to the disability community. The bill was silent on this matter and we are concerned that if this is implemented in a community the people that are used to free parking would not know that they need to get a new placard. There must be adequate outreach to affected individuals with adequate time for them to obtain the secondary placard. We are also concerned about how people that use plates and do not use (and cannot use) placards will be accommodated in this process.
CCDC agrees that there is a problem with abuse, and believes that the free parking is a major culprit of the abuse. CCDC would rather see enforcement of pay structures including but not limited to meters that are simply accessible to all drivers and that allows all drivers to take responsibility for payment.
2PM – 4PM
Join us in welcoming members of ADAPT back to Denver, CO, the HOME OF ADAPT.
Featuring speakers from our community.
Embassy Suite’s Ballroom
14th Ave. and Stout St.
Preview screening of a feature documentary on the history of ADAPT, including rare footage and never-seen interviews with ADAPT activist from across the country.
To sponsor the ADAPT Homecoming, please contact Jackie Mitchell at firstname.lastname@example.org and Dawn Russell at email@example.com, or call 303-884-1471. Thank You!
For more information, click to open or download the official flyer:
New story on October 19, 2018, quoting Advocacy Coordinator Michelle McHenry-Edrington and Legal Program Director Kevin Williams regarding the appropriate use of service animals on our RTD vehicles. View attached link to see the story. See the story that aired on Fox 31 News on October 19, 2018. Michelle and Edgar are stars!
Election season is here and at the Colorado Cross-Disability Coalition (CCDC) we have one message. VOTE AS IF YOU LIFE DEPENDS ON IT….BECAUSE IT DOES. CCDC does not endorse or oppose any candidate.
We say NOTHING ABOUT US WITHOUT US…EVER! In order to participate we must exercise our right and responsibility to vote. Democracy is not a spectator sport and only works when we participate. We have no excuse not to vote. Our ballots come in the mail. If we want to go to a vote center we can, there are accessible voting booths at the voting center. If we need help understanding or filling out our ballots we can get that help from your local voting center, a friend you trust, or an advocate (including CCDC staff).
This guide will do the following:
We are voting for a new Governor. The Democratic candidate is Jared Polis and the Republican Candidate is Walker Stapleton . Both are currently holding other elected positions. Jared Polis is a congressman for the second congressional district and Walker Stapleton is our state Treasurer. CCDC has given both candidates our expectations for a new Governor
The Governor gets to decide who runs every state agency including Health Care Policy and Financing, Human Services, Labor and Employment, etc. If there are changes to the federal Medicaid program a Governor might be able to decide if we accept a block grant for Medicaid—something CCDC strongly opposes. How much a Governor supports Medicaid is important to us.
Governors also are able to appoint people to boards and commissions including rule making bodies like the Medical Services Board, the Human Services Board, etc. We want a Governor that will listen to us about appointments and will appoint knowledgeable advocates who have direct experience with the various systems. We want people appointed that are connected with the community that will seek out diverse opinions and make an effort to listen to our community.
The Governor is the CEO of the state and sets the tone with state agencies. The Governor decides if state agencies are there to support people with disabilities to full participants in the state, or treat us as if we are errant children, in need of protection, punitive measures to keep us compliant, or both. A Governor can choose to keep an open door to hear us if we have problems with state agencies or can assume that longtime agency staff always know best and stonewall any efforts we make raise issues.
We will also vote for Congressional Candidates in all 7 congressional districts. Here are the CCDC requests of our Congressional Delegation. Research candidates directly—do not just rely on 30 second TV commercials.
We also get to elect a new Secretary of State, Treasurer, and Attorney General. All of these positions are important. You can read more about these races here!
Many people will get to elect a Colorado Legislator —all seats are up for re-election but some areas do not have two candidates. Many Colorado Senate seats are up as well, and in some tight districts a few votes might determine control of the Senate. Never doubt that your vote counts. You should be able to have a personal conversation with anyone running in your district. To find out who is running look here. Reach out to candidates in your district and ask them about their disability platform. Ask if they will support Medicaid, and expand programs that allow us to control our lives such as Consumer Directed Attendant Supports. We want consumer/participant direction for all Long Term Services and Supports. Ask if they will support Medicaid Buy-In allowing us to work and get out of poverty. Many of the issues outlined on our Gubernatorial paper are relevant to a Representative or Senator. Most important, ask them to make a commitment that if someone asks them to run a bill that will affect people with disabilities that they will ask the person if people from the disability community have been involved with the bill. If the answer is no then please do not support the bill unless or until they have fully involved our community. Real and Meaningful engagement of people with disabilities at all levels of government must be a priority.
People with disabilities have the right to vote, the right to accessibility and the right to vote in private. Disability Law Colorado is the lead organization that protects these rights. If you have a concern about access to your ballot, or if someone says you are not allowed to vote, please contact Jennifer Levin at firstname.lastname@example.org or 303-722-0300. Their website has complete information on our voting rights.
As always there are a lot of ballot initiatives.
Below are the ones where there are possible effects on disability and where appropriate, the CCDC position. These are statewide ballot initiatives. There are local initiatives all over the state, such as a measure in Denver to fund mental health treatment. CCDC does not take positions on local issues but encourage you to listen to all sides, read the proposal, talk to people you trust and vote. Here are the statewide ballot initiatives that have a disability component or are about overall governance:
Amendment V: Lower the age from 25 to 21 for someone to be a state legislator or senator. CCDC has no position on this issue.
Amendments Y and Z: Both of these amendments change how go about redistricting to make the process less partisan. Y is for congressional (federal level) redistricting and Z for (state level) legislators. There will be a process to select commissioners using specific criteria and there will be an equal number of commissioners from each major political party and independent/unaffiliated weapons. When the census is taken and the population changes we get more or fewer congressional seats (probably more). This requires the congressional districts be redrawn. This is a very political process because the parties each want to use the district boundaries for their advantage. The same process has to happen at the state level. In the past partisan processes have caused districts to be drawn based on race keeping people of color in certain areas which reduces the power of the minority vote. The same thing can happen with lower-income communities—keeping everyone living in poverty in one area to dilute the power of the low-income vote. It is in the interest of everyone to have fair elections and to have districts be created using non-partisan, objective criteria. CCDC SUPPORTS THESE AMENDMENTS.
Amendment A: Removes language in the Colorado constitution that allows slavery and involuntary servitude to be used as punishment for someone convicted of a crime. Because many people in jails and prisons are people with disabilities, and because we are a social justice organization, CCDC SUPPORTS THIS AMENDMENT. It is outrageous that slavery of any form is still allowed under any circumstances.
Amendment 73: Funding for public schools which increases funding for K-12 education through an income tax increase for people with incomes over $150,000 and setting a property tax assessment at 7% for residential properties and 24% for non-residential properties. This is reduction of current property taxes. The measure also encourages the legislature to change the school funding formula. The measure does require the Colorado Department of Education to review how the funds are spent and identify best practices. The legislature should review the funding formula ten years after implementation and make modifications if necessary. CCDC agrees that schools must be well funded. CCDC is not an expert in educational financing measures or taxes and therefore is not taking a position on this bill. For a liberal analysis check out the Bell Policy Center and for a conservative analysis check out the Independence Institute.
Amendment 74 requires a state or local government to compensate a property owner if a law or regulation reduces the fair market value of his or her property. CCDC has no position on this proposal.
Amendment 75 allows candidates to accept 5 times the current campaign contribution limits if any candidate in the race loans or gives his or her campaign more than $1 million. The purpose is to level the playing field between a candidate with personal wealth and his or her opponent. CCDC has no position on this proposal. CCDC generally has concern about the influence of money in politics.
Proposition 109 changes Colorado statutes to require the state to borrow up to $3.5 billion in 2019 to fund 66 highway projects and directs the state to pay back the bonds without raising taxes. It also limits how much interest can be paid back and sets a timeline of 20 years for repayment. CCDC STRONGLY OPPOSES THIS PROPOSAL. Our two primary reasons for opposition are:
Proposition 110 authorizes a slight increase in sales and use tax from 2.9% to 3.52% for transportation projects for 20 years and allows the state to borrow up to 6 billion for transportation projects to be paid back over 20 years. The funding would be allocated as follows
45% to the state
40% to local governments
15% to multimodal transportation projects
CCDC STRONGLY SUPPORTS THIS PROPOSAL because the funds will also fix the highways, which are deteriorating but will not leave out transit projects. Local governments can prioritize their needs as transportation needs vary widely around the state. This funding will not be taken out of another source, such as Medicaid or education. This is a sustainable and inclusive solution that will enable our state to meet our diverse transportation needs to have safe and usable roads and to continue to expand transit options.
Proposition 111 reduces the cost of a payday loan to 36 annual percentage rate and expands what is considered to be a deceptive trade practices for payday lending. Payday loans are usually small loans with hefty repayment fees that do not require a credit check. They are popular with low wage workers and people on fixed incomes. People can get in trouble because the fees are so high and most people that use these loans are low-income and did not have the money in the first place and end up in perpetual debt. 36% is still a very high interest rate. Opponents say that this could cause the payday loan industry to stop doing business in Colorado. CCDC SUPPORTS THIS PROPOSAL. If an industry is going to leave the state because they cannot make money with a 36% interest rate that means that they are currently getting much more. If companies need more than 36% interest leave the state that is OK. It would be a better use of our collective time and energy to focus on fair lending practices, reduce income inequality, increase wages, and reduce the cost of housing and health care so that people are not struggling so desperately.
Proposition 112 requires that new oil and gas developments are at least 2500 feet away occupied structures like homes or businesses, water sources and areas designated as “vulnerable”. CCDC has no position on this proposal.
In closing, please remember to vote. Vote your ballot as soon as it comes so you do not forget. If you experience barriers call Disability Law Colorado. You can also call CCDC with questions or concerns. If you want to help do phone banking to get others to vote please reach out to Dawn Howard at email@example.com or 303-839-1775.
Below is our letter, please submit your own comments by MONDAY 10/15/18 at www.regulations.gov
October 12, 2018
Office of the General Counsel, Rules Docket Clerk
US Department of Housing & Urban Development
451 Seventh Street, SW Room 10276
Washington, DC 20410-0001
Submitted electronically via www.regulations.gov
RE: Docket No. FR-6123-A-01
To Whom It May Concern:
I am writing on behalf of the Colorado Cross-Disability Coalition (CCDC) in response to the Advance Notice of Proposed Rulemaking: AFFH Streamlining and Enhancements, published in the Federal Register on August 16, 2018. CCDC is the largest statewide disability organization that is run by and for people with all types of disabilities (cross-disability). We recently did a listening tour across Colorado. We had eleven events and all but two were outside of the Denver metro area. In every community housing emerged as the number one problem for people with disabilities. While affordability is a problem for everyone in Colorado, people with disabilities deal with discrimination, safety, and habitability concerns as well. Too often people with disabilities are terrified to report discrimination or unsafe conditions due to fear of retaliation. ANY weakening of existing standards can be devastating to people with disabilities. If anything, requirements for affirmatively furthering fair housing should be strengthened and enforcement should be enhanced. More than 50% of those considered “chronically homeless” in Denver have disabilities (both physical and psychiatric) according to rent point in time studies.
CCDC strongly supports HUD’s 2015 Affirmatively Furthering Fair Housing (AFFH) regulation and we urge HUD not to revoke or rewrite it. Rather, HUD should immediately resume implementation of the 2015 rule and dedicate the necessary department resources for effective implementation and enforcement of the rule. With AFFH compliance, we expect significant positive impacts on the communities we serve, and nearby communities whose interests intersect with ours. Failure to enforce AFFH causes our most vulnerable members of the community to suffer in unsafe conditions and often leads to homelessness. We find that as people become homeless, they are not able to escape and it soon becomes chronic. American’s disabled deserve better than this. Many of those suffering from housing discrimination are veterans that have served our country. Our advocacy coordinator, who is a disabled veteran, reports that veterans who require reasonable accommodations often face housing discrimination. This discrimination can increase the symptoms of their disabilities. Those that serve our country and acquired a disability as a result of their service deserve a housing agency that will enforce regulations created to assure fair treatment.
Historically, and despite the fair housing requirements of the 1968 Fair Housing Act, we have seen little improvement in the patterns of residential segregation and the resulting imbalances in community investment and inequities in access to jobs, education, transit and other life opportunities. We believe that the AFFH rule is the first significant step made toward real change and must be promptly reinstated for the following reasons:
The 2015 rule represents a wait—far too long—of 47 years for clarity on the Affirmatively Furthering Fair Housing provisions of the 1968 Fair Housing Act. The 2015 rule was the result of a massive use of federal resources, and at least 6 years of deliberation by HUD, along with significant input from a diverse array of stakeholders. Additionally, the rule was field tested in 74 jurisdictions. The initiation of another rulemaking process would be a waste of HUD resources and the tax dollars of the American people. Rather than exhaust additional resources on rewriting the rule, HUD should use those resources to enforce the 2015 rule which was not sufficiently implemented by HUD.
Until the 2015 rule, jurisdictions around the nation operated at a status quo established in 1968 due to insufficient guidance and enforcement on the AFFH regulation. It often required legal actions by private citizens or organizations to compel jurisdictions to take meaningful steps to further fair housing. Understandably, it will therefore require some time for jurisdictions to adapt to new expectations. The 2015 rule was an investment in our nation’s commitment to Civil Rights, and like any big investment, the highest costs are upfront. HUD cannot retreat from the steps it took to address segregation, discrimination, and disinvestment. American veterans and those with disabilities deserve better from our government.
In response to the 8 questions put forth by HUD in its ANPR, below are a few of the many reasons the 2015 rule should be reinstated:
Public Participation – The 2015 rule requires a level of community engagement that jurisdictions previously were not required to and did not employ. The new AFFH rule requires jurisdictions to design their public participation process to include people of all demographics and socioeconomic backgrounds, with a focus on those most impacted by segregation and inequitable community investment. This type of public participation is emblematic of the most basic principles of democracy and demonstrates a commitment to the values of democracy.
Data Collection – The 2015 rule ensures that community development decisions are rooted in an honest assessment of patterns of segregation, housing needs, and access to place-based opportunities. The HUD provided data offers a minimum standard of data collection that, when combined with local data and local input, allows for the sound development of measureable goals and benchmarks to move the needle on critical issues. Decisions should be made using data, not rumors or blogs.
Goals & Metrics—The 2015 rule requires jurisdictions to define explicit goals and metrics to measure progress toward the goals developed. This is a foundational requirement of meaningful community planning and governance. Goals should be set, and progress should be measured on an annual basis. This greatly enhances the ability of HUD and community stakeholders to hold local jurisdictions accountable to timely goal implementation. We measure what matters and AFFH must matter if we truly value all Americans.
Accountability – The 2015 rule creates requirements for HUD to review, approve of, and monitor Assessments of Fair Housing. This creates a strong incentive for jurisdictions to comply because the receipt of HUD funding is clearly tied to compliance with fair housing laws. These enhanced accountability measures will incentivize jurisdictions to comply with, and allow HUD to enforce, a 50-year-old federal legal requirement enacted into law by a democratically elected body of Congress.
For all of the reasons listed herein, and because our communities have long suffered unjust and immutable segregation and the resulting inequities in life outcomes, CCDC urges HUD to take immediate action to fully reinstate the 2015 rule and uphold its commitment to Affirmatively Furthering Fair Housing.
Julie Reiskin, Executive Director
CCDC members Jaime Lewis, Julie Reiskin, and Nicole Bishop have been featured in a Westword article published on October 2, 2018, highlighting the lack of accessibility with ride-sharing apps such as Lyft and Uber.
The challenge with ride-sharing apps and accessibility is that the apps are software companies, not taxi services, and drivers are not required to provide wheelchair-accessible vehicles. Both Uber and Lyft claim to be exploring the option of letting users request wheelchair accessible vehicles.
“I don’t want to fight Uber or Lyft. But if they don’t take responsibility [for providing accessibility], we’re going to have to do it for them,” says Lewis. Neither Uber nor Lyft have wheelchair-accessible vehicles available in Denver at this time.
Thank you, Jaime, Julie and Nicole for advocating for our members!
DENVER – The ACLU of Colorado is proud to announce that Chuck Plunkett, Dave Krieger, Alex Landau, Amy Robertson and Tim Fox will receive our 2018 Civil Rights Awards, which will be presented at the Bill of Rights Dinner on Thursday, September 27th at the Ritz-Carlton Hotel in Denver.
Amy Robertson and Tim Fox are co-executive directors of the Civil Rights Education and Enforcement Center (CREEC), a nationwide civil rights organization based in Denver. Over the last several years, they have settled class actions with the cities of Denver, Seattle, and Portland, as well as the Colorado and Montana Departments of Corrections, Red Rocks Amphitheater, and the Pepsi Center. The total dollar value of settlements CREEC has negotiated on behalf of their clients is more than $500 million. Last year, CREEC established a new project, investigating immigration detention facilities for violations of the Constitution and federal law.
Robertson and Fox will receive the Carle Whitehead Memorial award, recognizing lifetime commitment to protecting and extending civil rights and civil liberties.
“Amy Robertson and Tim Fox are vigilant, tireless fighters for justice,” said ACLU of Colorado Executive Director Nathan Woodliff-Stanley. “By establishing and growing CREEC into a powerful civil rights watchdog, they have fought for the rights of thousands of people who were victimized by unequal and discriminatory policies and practices. We are honored to recognize their immense impact.”
Chuck Plunkett and Dave Krieger will receive the Larry Tajiri media award in recognition of their principled defense of objective journalism and editorial independence. Plunkett was the editorial page editor at the Denver Post from July 2016 to May 2018. Krieger was the editorial page editor at the Boulder Daily Camera until April 2018, when he was fired for self-publishing a column criticizing Alden Global Capital, the corporate hedge fund that owns both the Denver Post and the Daily Camera, for making deep staffing and budget cuts to the respective newsrooms. After learning that Krieger was fired, Plunkett resigned his position at the Denver Post in protest.
“The work of ACLU of Colorado, and much broader, the functioning of our democracy, relies on a strong, independent press to expose corruption and hold those in power accountable for their actions,” said ACLU of Colorado Director of Communications and Advocacy John Krieger (no relation to Dave). “We are proud to honor Chuck Plunkett and Dave Krieger, who were willing to speak out and sacrifice their livelihoods to protect the independence and integrity of their profession.”
In recognition of his achievements as an activist, organizer, and educator, Alex Landau will receive the Ralph Carr Award. Landau was the victim of extreme police brutality at the hands of Denver police officers in 2009. Driven by that experience, Landau has worked to build a movement for racial justice in Denver and around Colorado. In his role as community outreach coordinator for the Colorado Criminal Justice Reform Coalition, he has taught Know Your Rights trainings, led community-based advocacy campaigns, and mobilized voters. He is currently working to expand access to the ballot for pretrial detainees in Denver area jails.
“Alex Landau is an activist, coalition-builder, teacher, role model, and change-maker,” said Woodliff-Stanley. “He took a horrific event that nearly ended his life and used it as fuel to build a movement for racial justice and equality. We are proud to honor his past, present, and future contributions to civil rights and civil liberties.”
The 2018 Bill of Rights Dinner will feature a keynote presentation from Lorella Praeli, ACLU’s Deputy National Political Director and Director of Immigration Policy and Campaigns. Praeli’s presentation will focus on the ACLU’s nationwide effort to combat the Trump Administration’s destructive immigration policies, reunite families that were cruelly separated by the administration’s “Zero Tolerance” policy, and encourage lawmakers to pass comprehensive immigration reform and legislation to protect DREAMers.
CCDC is thrilled that Amy Robertson and Tim Fox are being honored by such a cool organization as ACLU.
U.S. Senator Tammy Duckworth (D-IL), along with Senators Bob Casey (D-PA), Maggie Hassan (D-NH) and Amy Klobuchar (D-MN) introduced legislation on September 18, 2018 to make it easier for small businesses comply with the ADA. The Disabled Access Credit Expansion Act bolsters the Disabled Access Credit (DAC), which helps businesses pay for renovations by doubling the maximum tax credit and allowing more small businesses to receive it. The legislation also invests in programs that mediate ADA-related disputes to avoid additional litigation and help individuals and businesses understand the ADA.
CCDC is excited to learn of Senator Duckworth’s proposed legislation that advocates for our members. Senator Duckworth, a veteran and double-amputee, has a proven track record of advocating for people with disabilities. CCDC strongly supports increasing the reach of the ADA, specifically in a way that will incentivize small businesses to become more accessible.
The “AND” program will see some major changes soon. Yes, this is a State program and as you can read have not made efforts to change the words like needy. However, we hope that these rule changes by the State Board of Human Services will help serve our community better. Two of the largest victories are, increase in monthly payment from 189 to 217 dollars and rules to provide applicant more time to qualify for benefits. Please see file “AND VICTORY” above for more information. CCDC wants to give a shout out to the Colorado Center on Law and Policy for their work in making these changes a reality.
On September 13th Mayor Michael Hancock presented his 2019 budget. As you may know our partners at Denver Streets Partnership and Walk Denver have been meeting city officials to elevate the need for safe and accessible side walks, street crossings and bike paths. These elements are essential for the independence of our people. Some of the glaring deficiencies in the budget included no funding for Federal Blvd., 3.8 million for sidewalks (we had requested 10) and very little money for simple upgrades and fixes such as bollards or paint for roads.
City council now has several weeks to review budget and to make recommendations.
CCDC strongly supports more funding for sidewalks, cross-walks and bike paths.
If you want your voice heard please use the Walk Denver Web site listed below for additional information and ways to reach out to your city councilperson.
CCDC Transit Advisor