LITTLETON, Colo. — While riding his motorized wheelchair on the road, a disabled veteran was pulled over and issued a ticket by a Jefferson County Sheriff's Office deputy.
The veteran asserted that he was not in violation of any laws and said ticketing him seemed to infringe upon his rights under the Americans with Disabilities Act of 1990.
“Why would he pick on a wheelchair user? I don't know,” said Thomas Graham.
Graham is a proud Army veteran who lost both of his legs in 2007 while serving his second tour in Iraq. When he lost his limbs, he lost his license.
Almost two years ago, he built his motorized wheelchair ensuring compliance with local laws.
Now, it's his favorite and only mode of transportation.
“I even put a nice battery on it for my phone in a basket on it for groceries. My wheelchair rocks.” said Graham.
You can spot Graham sporting his goggles and headphones while he rides – if you can catch him. Graham's wheelchair can reach speeds up to 42 mph. He noted that he typically rides in bike lanes when available or stays on the right side of the road.
"I could still travel slow on the sidewalk. But why would you want to travel slow?" he remarked.
Despite using his wheelchair without incident for almost two years, Graham's encounter with law enforcement changed things. He was pulled over while traveling on West Bowles Avenue where the speed limit is 40 mph.
When the deputy requested his license and registration for his wheelchair — "I was pretty dumbfounded," Graham said it was a question he never anticipated.
The deputy categorized Graham's wheelchair as a "low-power scooter" and issued him a ticket for not having it registered.
According to Colorado law, registration is mandatory for low-powered scooters. However, the law explicitly exempts wheelchairs, "or any device designed to assist mobility-impaired people who use pedestrian right-of-ways."
“Legally speaking under the Americans with Disabilities Act of 1990 definition of what defines a wheelchair is. This is a wheelchair. I took the ticket from him and I said I'd see you in court,” asserted Graham.
In a statement, the Jefferson County Sheriff's Office said, "The sheriff’s office contacted this subject, driving approximately 40 m.p.h. in a lane of traffic. The subject was wearing headphones, causing him to be completely unaware that law enforcement was trying to contact him.” The sheriff's office said the deputy issued Graham a low-level ticket of $24.50 in an effort to encourage him to be safer on the roads.
In their statement, the sheriff's office also alleged that Graham admitted to the deputy that he had been previously pulled over by other officers for similar reasons and had only received warnings. Graham refuted this claim, asserting that he never made such an admission and that this was the first time he had been pulled over while using his wheelchair.
Graham is determined to contest the ticket in court, his date set for later this month. He said nothing will stop him from standing in the way of him using his wheelchair — the very device that sets him free.