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

Thu Dec 25 04:02:20 UTC 2014

Thanks all.  Will be interesting to see how this turns out.

Aaron

On 12/24/14, Marianne Denning via nagdu <nagdu at nfbnet.org> wrote:
> I believe they provide a service to the public.  If not, then they
> could deny services to all different groups of people.  I think the
> individual car owners believe it is their car so they can choose who
> can and cannot ride in it.  We are beginning to see all types of
> individuals working together to provide services so it creates a lot
> of gray areas that did not even exist under any civil rights
> legislation.  It all needs to be tested in the courts to figure out
> what the changes mean to everyone.
>
> On 12/24/14, Michael Hingson via nagdu <nagdu at nfbnet.org> wrote:
>> 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.
>>>
>>>
>>>
>>>
>>>
>>> _______________________________________________
>>> nagdu mailing list
>>> nagdu at nfbnet.org
>>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for
>>> nagdu:
>>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/cannona%40fireantpr
>>> oductions.com
>>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
>> nagdu:
>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/info%40michaelhingson.com
>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
>> nagdu:
>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/marianne%40denningweb.com
>>
>
>
> --
> Marianne Denning, TVI, MA
> Teacher of students who are blind or visually impaired
> (513) 607-6053
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/cannona%40fireantproductions.com
>