Lawsuit claims Denver shelters aren't accessible for people with disabilities experiencing homelessness
A new lawsuit alleges Denver isn't doing enough to provide accessible shelter for people experiencing homelessness who have disabilities.
Disability Law United, Newman| McNulty LLC, and Brooklyn Law School's Disability and Civil Rights Clinic filed suit against the City and County of Denver on behalf of Housekeys Action Network Denver (HAND) and people with disabilities experiencing homelessness. Those listed in the lawsuit said they were forced to sleep on the streets after being denied access to shelters and shelter-based services in violation of the disability law.
HAND, a nonprofit organization established to address systemic issues and advocate for unhoused individuals in Denver, said they were forced to redirect resources and staff to fill the gaps in service left as a result of the listed failures by the Denver-funded shelters. The organization said they provided financial support to people with disabilities who were ejected from or unable to access shelters and devoted staff time to linking those people to caseworkers.
Advocates said some shelters do not comply with the Americans with Disabilities Act and state anti-discrimination laws.
"I'd show up like two minutes late, and they shut the door," said Christopher Haworth, who has cerebral palsy.
For the past seven years, Haworth has spent periods living on the streets and said he has struggled to find accessible shelter.
"I ended up sleeping outside in the alley in the snow because I didn't want to sleep on the ground. Somebody would steal my chair," he said.
Haworth claimed he was denied admission to shelters that contract with the city, including two operated by the Denver Rescue Mission. He also alleged he was turned away from a shelter because there were no accessible beds reserved for wheelchair users.
"The staff just didn't care," he said.
Haworth is one of six plaintiffs suing the city, arguing its shelters do not meet accessibility requirements for people with disabilities.
Ana Miller, an organizer with the advocacy group HAND, said her brother, Haworth, was forced to sleep outside because shelters were not equipped to accommodate wheelchair users.
"They have installed an elevator, but it was not even a year ago," Miller said. "Before that, they didn't even have a way for wheelchair and walker users to get into the area at the Lawrence Street Shelter. You had to crawl upstairs to get into the area they would keep for disabled people."
The Denver Rescue Mission, which is named in the lawsuit, gave CBS Colorado the following statement:
"For 133 years, Denver Rescue Mission has always strived to serve those experiencing homelessness with care and compassion. It is Denver Rescue Mission's policy not to comment on pending litigation."
Other shelters named in the lawsuit said they would not comment on pending litigation.
In a statement to CBS Colorado, a spokesperson for the Denver Department of Housing Stability directed our inquiry to the city attorney's office and said:
"The City and County of Denver is always working to improve the shelter system and meet the needs of our unhoused neighbors."
The city attorney's office also said they will not comment on pending litigation.
Advocates argue the city has failed to provide enough accessible beds to meet demand.
"In Denver, we have stories throughout our lawsuit about shelters turning away people with disabilities because they don't have enough accessible beds," said Andy McNulty, an attorney representing the plaintiffs.
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