[nagdu] Questions about Federal regs regarding paratransit

[Margo and Elmo]

But, Craig, it might be in Charlene's records but not put into the computer 
automatically by their software.

margo and Elmo
----- Original Message ----- 
From: "Craig Borne" <cjborne at comcast.net>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Thursday, January 22, 2009 1:45 AM
Subject: Re: [nagdu] Questions about Federal regs regarding paratransit


> 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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