[nagdu] Questions about Federal regs regarding paratransit

Marion & Martin swampfox1833 at verizon.net
Fri Jan 23 15:52:32 UTC 2009


Chassity,
    As for the cab company's incquiry, I would ask them why they are asking. 
If they reply that they want to make sure the driver is willing to take the 
dog, this is illegal. It is not the choice of the driver. By receiving their 
license, they agree to abide by the laws that govern the conduct of their 
business, including transporting disabled people and their service animals.
    Another way to challenge this is to tell them you will not be taking 
your guide dog. When the cab arrives, take it anyway. he cannot refuse to 
transport you. If he does, file a complaint at every level and with every 
jurisdiction you can. JMHO!

Marion


----- Original Message ----- 
From: "Chasity Jackson" <chasityvanda at charter.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Friday, January 23, 2009 10:10 AM
Subject: Re: [nagdu] Questions about Federal regs regarding paratransit


> HI Marion,
>
> Actually, when I make a reservation on paratransit, they do always ask 
> "Will your service animal be with you?" Also, when I call cabs they do the 
> same thing. So what do you advise we tell them when they ask?
>
> As far as transportation and people making choices for you...I had this 
> happen while traveling with my dog about a month ago. I was standing at a 
> metrolink station waiting for the train. Chris and I had his luggage, 
> because he had just returned home from a visit with his family. We only 
> had to go one or two stops, so since we had the luggage, we wanted to 
> stand. As we were standing there waiting for the train, there were two 
> security guards and their supervisor standing behind us. I heard the 
> supervisor tell the security people, "As soon as the train gets here, go 
> on and make the person in the front seat move, and put these people 
> there." I turned around and told her it was not necessary to help and 
> we've done this before. She said, "Yes, but I'm their supervisor." Just 
> then, the train came, and we got on board, and stood and held the poll. 
> One of the security guards started yelling, "Ma'am, over here, over here. 
> Sit in this seat up front." I calmly said, "I have it under control, 
> thanks." And then she came over and said, "My supervisor said you have to 
> sit up front," and I snapped back, "I don't *have* to do anything!" So 
> finally they got off the train and we had a smooth ride.
>
> Chasity
> Check out the tribute page I created for my guide dog Vanda at:
> www.myspace.com/vandaandchasity
> Listen to my radio show every Thursday from 4-7pm on the Q Online:
> www.theqonline.net
> Visit my MySpace page and add me at
> www.myspace.com/chasityandvanda
> Listen to my podcast at:
> http://www.gcast.com/u/Chasityvanda/main.xml
> Or by phone at: (559) 553-4627
> ----- Original Message ----- 
> From: "Marion & Martin" <swampfox1833 at verizon.net>
> To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
> <nagdu at nfbnet.org>
> Sent: Friday, January 23, 2009 7:22 AM
> Subject: Re: [nagdu] Questions about Federal regs regarding paratransit
>
>
>> Dear All,
>>    the problem that arises when one is asked about whether a service 
>> animal will be accompanying a person is the potential for discrimination. 
>> This may not occur with paratransit, however, it could happen with 
>> private transportation services. For instance, if a taxi company flags 
>> someone in their system and, when that person calls for a ride is asked 
>> the same question, it could result in an unequal treatment. Should the 
>> dispatcher place a call for a pick-up in what is known as a "bid" system 
>> in which the call is placed and drivers respond that they are willing to 
>> take the fare, as is true here in Tampa, we could wait an inordinate 
>> amount of time for a ride. If the dispatcher says, "I have a fare with a 
>> dog in zone 50." and drivers are not willing to take my dog, they will 
>> not bid on that fare and I am being discriminated against because of my 
>> choice to use a guide dog.
>>    Another instance is with the airlines. If you tell them in advance 
>> that you will be accompanied by a service animal, any of the personnel 
>> who have access to your information will see that and make certain 
>> assumptions "in your best interest"! For instance, they will 
>> automatically assume you want to sit in the bulkhead (or not), that you 
>> will want to pre-board, will need certain assistance, etc. Frequently 
>> airline personnel will insist that you accept such accomodation, whether 
>> or not you want them and, when you decline them, insist it is "Federal 
>> regulation", which it is not. In fact, Federal regulations say we have 
>> the right to refuse any accommodation. HTH!
>>
>> Fraternally,
>> Marion
>>
>>
>>
>>
>> ----- Original Message ----- 
>> From: "Margo and Elmo" <margo.downey at verizon.net>
>> To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
>> <nagdu at nfbnet.org>
>> Sent: Thursday, January 22, 2009 9:41 AM
>> Subject: Re: [nagdu] Questions about Federal regs regarding paratransit
>>
>>
>>> Charlene, I just spoke with a couple of folks in the know about these 
>>> things.
>>>
>>> Generally speaking, they are not doing anything illegal by asking you to 
>>> mention that your guide dog is accompanying you on each trip.  Now, it 
>>> was suggested to me that perhaps it might be possible that the 
>>> paratransit service might be using an outdated software program on their 
>>> computers. it was further suggested that they look at a software called 
>>> Trapeze which is extremely accurate--not perfect but accurate.  For 
>>> example, our paratransis sytem which is a very good and reliable system 
>>> uses Trapeze. On the application I filled out, I checked that I have a 
>>> guide dog.  that info went into my records on this software and that 
>>> fact automatically goes into my trip when I make a paratransit 
>>> reservation. the reason they like to know these things is to ensure 
>>> comfortable space for the dog. They also know about scooters, 
>>> wheelchairs, PCA's and such to ensure space on the van.
>>>
>>> hope this helps.
>>>
>>> margo and Elmo
>>> ----- Original Message ----- 
>>> From: "Charlene Ota" <caota at hawaii.rr.com>
>>> To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
>>> <nagdu at nfbnet.org>
>>> Sent: Wednesday, January 21, 2009 11:27 PM
>>> 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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>>>
>>>
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>>
>>
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