[nagdu] Questions about Federal regs regarding paratransit

Thu Jan 22 16:41:44 UTC 2009

The fact is, however, none of this is required either by the state or the
Fed.  What also about state law?  Hawaii has a White Cane law which requires
all transportation providers to carry blind passengers with guide dogs.
Para Transit simply does not have the right to deny access.

The burden here should be on the agency to comply with the law and to use
properly its own records.

Michael Hingson,
 NSA   
President,
The Michael Hingson Group
84 Bahama Reef
Novato, CA 94949
Phone Direct number (415) 827-4084
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 <
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-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Margo and Elmo
Sent: Thursday, January 22, 2009 6:42 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Questions about Federal regs regarding paratransit

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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