DENVER — A new federal lawsuit argues planned fare increases for a growing transportation program are in violation of the Americans with Disabilities Act (ADA).
The Regional Transportation District (RTD)'s Access-on-Demand program is considered a supplemental, curb-to-curb service for eligible paratransit customers who book trips through rideshares and taxis.
RTD officials told Denver7 Monday that Access-on-Demand is not required by federal law, unlike their Access-a-Ride program.
Access-on-Demand is a popular choice, thought, with the number of customers increasing from 2,191 in October 2023 to 3,398 in August 2025.
In September, the RTD Board of Directors voted to increase fares for the Access-on-Demand program. Under the current guidelines, there is no base fare charged and RTD subsidizes up to $25 every trip.
The Follow Up
RTD Board of Directors votes to increase base fare for Access-on-Demand program
The planned changes implement a base fare of $4.50, with the subsidy amount reduced to $20.
The new structure goes into effect on January 1.
RTD recently approved a budget of $1.5 billion for 2026, which has an expected deficit of $228 million. Those with RTD claim the increased fares for the Access-on-Demand rides will help sustain the program next year.
According to RTD, here are the changes coming at the start of 2026:
January 1, 2026, Modifications:
- Upfront $4.50 base fare per trip/$2.25 for LiVE eligible customers
- RTD trip subsidized amount reduced from $25 to $20
- Service hours align with ADA paratransit hours (no service between 1:30 a.m. and 3:30 a.m. to allow for vehicle maintenance)
- Up to 2 stops allowed (previously only single-stop trips)
- No waiting period to begin using Access-on-Demand once certified as paratransit eligible
What Stays the Same
- 60 trips per month cap
- Trips must begin and end within the RTD service boundary
An organization that fights for expanded access to public transportation called Atlantis ADAPT is behind the lawsuit, alongside advocates Dawn Russell and Dr. Claudia Folska. Through their attorneys, they argue the increased Access-on-Demand fares violate the ADA in addition to the Colorado Anti-Discrimination Act (CADA).
“There is something fundamentally and profoundly wrong when a Regional Transportation District decides to make cuts to services for the people who need them most of all — for the people who can't drive themselves," said civil rights attorney Mari Newman. "It's not a privilege. It is a right. It's a right that they're entitled to.”
Dawn Russell is an organizer with Atlantis ADAPT who lives with cerebral palsy. Russell said she relies on the Access-on-Demand program and would not be able to afford the increased rate.
"I would have to alter, you know, the way I do things now. We're already altering our lives, everyone with disabilities, along with people without," Russell said. "It's expensive to live right now. So, to add this on the very top of that, it is going to hurt people, and it is no exaggeration the devastation that it will cause to individuals.”
Hear from Russell and why the federal lawsuit is being brought on in the video player below:
The group also filed a motion for a preliminary injunction in conjunction with the lawsuit. If a judge grants their request, it would halt the fare increases while the lawsuit is pending.
"We also filed a motion to have the hearing expedited so that we will stop it before it happens on January 1," said Andy McNulty, another civil rights attorney working on the case. "That's our plan. That's why we moved as quickly as we did. You know, getting a federal lawsuit together in about a month is a tough thing to do, and that's what we did here.”
McNulty said their goal is to have a judge rule on their motion for a preliminary injunction within the next two weeks.
An RTD spokesperson told Denver7 they have received the complaint and motion for a preliminary injunction and are reviewing them. The statement also said "the agency remains committed to serving the transit needs of all customers who rely on its bus, rail, and paratransit services."
The RTD Board of Directors declined to comment on pending litigation.
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