[nagdu] Disability suit against Uber gets U.S. scrutiny

[Ginger Kutsch]

Disability suit against Uber gets U.S. scrutiny 

Los Angeles Times

December 23, 2014, 2:50 PM

Source URL: http://www.latimes.com/business/ 

 

The U.S. Justice Department said Tuesday that Uber's attempt to dismiss the
case may be based on a misunderstanding about the Americans With
Disabilities Act. The department asked a federal judge in San Francisco to
consider its view before deciding whether to throw out the case.

 

"The United States' interests are particularly strong here," because the
case against the on-demand car service "goes to the very heart" of the ADA's
goal "to assure equality of opportunity, full participation, independent
living and economic self-sufficiency" for people with handicaps, according
to the filing.

 

Uber, Lyft Inc. and other car-booking companies face growing legal
challenges as they seek to crack open the U.S. taxi and limousine market,
estimated by IbisWorld Research to be an $11-billion industry. Uber, founded
in 2009, is the most highly valued U.S. technology start-up. The company
raised $1.2 billion this month at a valuation of $40 billion.

 

The complaint filed in September by the National Federation of the Blind of
California cited more than 30 instances nationwide of blind customers being
refused rides. The group alleged that some blind riders with service animals
were charged cancellation fees and harassed, and in one case, a guide dog
was forced into the trunk of a car and the driver refused to pull over after
the customer realized where the animal was.

 

Uber said when the lawsuit was filed that its mobile-app service is meant
"to expand access to transportation options for all, including users with
visual impairments and other disabilities." The company said it would
deactivate any driver who refuses to transport a service animal.

 

The Justice Department said in Tuesday's filing that Uber's request for
dismissal of the case is ambiguous because the company appears to argue that
its service isn't a "public accommodation." That's not something the court
needs to consider in determining whether Uber violated the ADA, the
government said.

 

A representative of San Francisco-based Uber wasn't immediately available
for comment on the government's filing.

 

The federation of the blind said in its complaint that the company told some
riders that it can't control driver conduct because they are independent
contractors, and advised guide dog users to let drivers know about the
animals ahead of time, according to the complaint.

 

The group seeks a court order declaring that the company discriminates
against blind customers with guide dogs, and to force it to take steps that
ensure drivers don't refuse rides to the vision-impaired.