[nagdu] Questions about Federal regs regarding paratransit

[Craig Borne]

You can file a complaint directly with the Federal Transit Administration
(FTA), which is the primary funder of transit grant monies.  The link is:
http://www.fta.dot.gov/civilrights/ada/civil_rights_3889.html

I do not believe that you are required under the regulations to state
whether or not you are bringing your guide dog on the ride, especially if it
is noted in the computer.  Of course, the regs probably will not specify how
a transit company maintains its database, but like any other Title II of the
ADA covered entity, you do not need to call ahead to a State DMV or
Department of Health and announce that you are being accompanied by your
guide dog.  This does not fly with buses, so why should it fly with
paratransit, which is a complimentary service?

As for HIPA, discussing the fact that you are blind over the radio probably
wouldn't rise to the level of a HIPA violation because you have already
disclosed to the provider that you are blind, which is how you became
paratransit eligible in the first place.  Now, if they were to disclose
information in your medical documentation used to gain eligibility and that
was not readily apparent, then you may have a claim.

Craig Borne, Esq.
Baltimore, Maryland
"A long habit of not thinking a thing wrong, gives it a superficial
appearance of being right, and raises at first a formidable outcry in
defense of custom."  --Thomas Paine, Common Sense

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Charlene Ota
Sent: Wednesday, January 21, 2009 11:28 PM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Subject: [nagdu] Questions about Federal regs regarding paratransit

Several of us in Hawaii are having a problem with guide dogs on paratransit.
We've all notified the company and validated that the fact that we have
guide dogs is in our records and the reservationists see this at the time we
make reservations.  However, even so, we're having a problem if we make a
reservation when we are picked up we are at times given a hard time about
because we didn't tell the reservationists that we have a service dog. The
other day I was almost put out of a cab from one of the companies that
paratransit contracts with. When I pointed out to the reservationists that
it is in my record that I have a guide dog so why do I have to tell you
every time that I take him she kept arguing that it's assumed that if you
don't mention that you're taking the dog then you're not taking the dog. She
compared it to having a PCA. I tried to tell them that it's actually the
norm for me to have my guide dog with me, but this didn't matter to her.
 
So, my question is, can we be put off of paratransit if we don't
specifically mention our dog every time we make a reservation? Is a service
dog or guide dog comparable to a PCA? Personally, I think this is going too
far and it is verging on discrimination.  Also, one final question, are our
HIPA rights violated when our information is discussed over the air of the
radio or cell phone with the drivers?  To me, paratransit is public
transportation and I don't feel they have the right to do some of these
things. But, I need the Federal regs to do much about the situation.
 
Any help would be appreciated.
 
Charlene
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