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

[Michael Hingson]

Aaron,

Not being a lawyer I can only speculate, but I think the issue is that UBER
was not formed as and is not a public accommodation by virtue of its
existence.  UBER is like any service company and cannot say that in of
itself it was formed to provide an accommodation under the ADA especially,
as the Fed is alleging, it is not so doing.

I may be incorrect in my interpretation, but you have my guess. 


Best,


Michael Hingson.

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Aaron Cannon via
nagdu
Sent: Wednesday, December 24, 2014 11:13 AM
To: Ginger Kutsch; NAGDU Mailing List, the National Association of Guide Dog
Users
Subject: Re: [nagdu] Disability suit against Uber gets U.S. scrutiny

Would love to read the DOJ filing.  In particular, I'm wondering why the DOJ
is arguing that it is not germane whether or not Uber is a public
accommodation.  I would think that that would be of the utmost importance,
seeing as how if they were not, then the ADA would not apply.

Don't get me wrong, I'm not on Uber's side here, but I am curious what their
specific argument is.

Aaron

On 12/24/14, Ginger Kutsch via nagdu <nagdu at nfbnet.org> wrote:
> 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.
>
>
>
>
>
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