Disability Activists File Federal Lawsuit Against RTD in Denver

Hair whipping in the wind, the late morning sun obscured by the towering federal courthouse behind, and a smattering of news teams pointed their cameras and microphones. Before the media, holding placards above their head, were the plaintiffs in a newly filed federal lawsuit.

Friends, families, their attorneys and Colorado state representative Meg Froelich joined Dawn Russell, Dr. Claudia Folska, and representatives of Atlantis / ADAPT as they laid out their grievances plainly in the cold air.

Dr. Claudia Folska speaks during a press conference in front of the federal courthouse in Denver, Colorado on Monday, December 8, 2025. Dawn Russell, Dr. Claudia Folska, and representatives of Atlantis / ADAPT filed a federal lawsuit with law firm Newman | McNulty alleging that Colorado’s Regional Transportation District violated the American with Disabilities Act through recent budgeting restructuring and service options impacting the disabled community. (Photo by Vince Chandler / Yellow Scene Magazine)

After an introduction from civil rights attorney Andy McNulty of Newman | McNulty, fresh from lobbying the federal legislature in Washington, D.C., Dawn Russell rolled her wheelchair toward the makeshift c-stand lectern.

Institutionalized as a child following her diagnosis with cerebral palsy, she found an avenue for her voice and fiery commitment when she joined Atlantis / ADAPT in 1996. Living with a disability, she had a lifetime of experience having to advocate for herself. It was time to use that experience lifting everyone around her.

Through almost there decades with ADAPT she has seen success in preserving and protecting the Affordable Care Act and Medicare, access to transportation for all, is an active participant in the assisted suicide policy discussion, and is currently working toward housing equity fighting to pass the LaTonya Reeves Freedom Act.

“It’s been fifty years since the Gang of 19 fought for our right to ride public transportation,” Russell read unflinchingly, beginning her brief statement. “Yet, today ADAPT must again ask a court to make RTD honor it.”

ADAPT was founded in Denver in 1975 by disabled members of a nursing home community founding their own housing solution, Atlantis, with collaboration from Reverend Wade Blank.

The organization got their organizing start protesting for accessible public transit. The organization, and their infamous Gang of 19, set national precedent by winning a lawsuit against RTD requiring the addition of lifts and ramps to public transit vehicles.

“RTD lied,” Russell told the amassed press and their audience. “To you and to me. We should be outraged.”

Attorney Mari Newman speaks during a press conference in front of the federal courthouse in Denver, Colorado on Monday, December 8, 2025. Dawn Russell, Dr. Claudia Folska, and representatives of Atlantis / ADAPT filed a federal lawsuit with law firm Newman | McNulty alleging that Colorado’s Regional Transportation District violated the American with Disabilities Act through recent budgeting restructuring and service options impacting the disabled community. (Photo by Vince Chandler / Yellow Scene Magazine)

The Regional Transportation District, or RTD, made the decision to raise the costs and limit the access to a hard-won option for mobility in the disabled community: Access-on-Demand. The program allows qualifying users to call for rides from third party platforms for curb-to-curb transit, subsidized by RTD.

For those with few route options, the inability to drive to a park and ride, or who have to carry cumbersome equipment, the program allows for autonomy for the disabled with low barriers through proximity to transportation.

“What is she supposed to do, quit her fulltime job and just drive me around?” Dr. Folska asked rhetorically during her time at the microphone, standing next to her adult daughter.

A former RTD Director herself, Dr. Folska founded All Access Transit Solutions in 2020. Blind most of her life, she has worked as a nonprofit director and disability activist throughout her life.

“It causes me great pain and disappointment to see where RTD is today. Today, RTD is killing Access-on-Demand for thousands of people with disabilities when in fact it’s the best service they’ve ever had,” she said.

Taking effect January 2026, the Board of Directors voted in fall 2024 to lower the maximum amount they’d underwrite, increase fares for its use, and create a base fare for all users. RTD says that they are operating with an expected nearly $230M budget deficit for the new year and hope these cost increases for the disability community will alleviate some of that burden.

Dr. Claire Folska and Dawn Russell reflect together after announcing a federal lawsuit during a press conference in front of the federal courthouse in Denver, Colorado on Monday, December 8, 2025. Dawn Russell, Dr. Claudia Folska, and representatives of Atlantis / ADAPT filed a federal lawsuit with law firm Newman | McNulty alleging that Colorado’s Regional Transportation District violated the American with Disabilities Act through recent budgeting restructuring and service options impacting the disabled community. (Photo by Vince Chandler / Yellow Scene Magazine)

“We are outraged by the fact that RTD is treating the rights of people with disabilities as some sort of line item that can just be cut,” Mari Newman, who is representing the plaintiffs. “People have been working for half a century for these rights that they’re entitled to.”

Folska, Russell, and Atlantis/ADAPT say that these changes, and their impacts’ ripples, are in violation of the ADA. The lawsuit reads that disabled users will be “excluded from participation in and deny the benefits of services, programs, or activities provided by RTD,” including equitable access to transportation, in violation of Title II of the ADA. The filing asserts that RTD is denying those with disabilities service, while providing greater access for Coloradans without disabilities.

“To the hundreds of folks who rely on Access-on-Demand for their freedom and independence – you showed-up and spoke-up for two years of RTD Board Committee meetings, and we thank you,” Russell said during her speech. “Let’s make RTD relevant for everyone.

Filed with motions for a preliminary injunction and to have the hearing expedited, the attorneys for Newman | McNulty hope to be able to prevent any interruption to existing service by delaying immediate implementation.

“Getting a federal lawsuit together in about a month is a tough thing to do and that’s what we did here,” McNulty said, answering a question after prepared statements concluded. “We’re looking to stop the wrong and unlawful cuts to RTD services.”

The ones who dared to fight City Hall.

 When Boulder denied public access to police body-cam footage, we took it to court. Our fight for transparency is now before the Colorado Supreme Court — because accountability doesn’t stop at the city line.

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