[NAGDU] Hello, and Uber Letdown
Michael Hingson
mike at michaelhingson.com
Thu Mar 9 22:20:49 UTC 2017
Lyn,
I was certain of that. However, I wanted to emphasize the point as that is
what triggers the proper complaint.
Best Regards,
Michael Hingson
-----Original Message-----
From: L Gwizdak [mailto:leg1950 at cox.net]
Sent: Thursday, March 09, 2017 2:07 PM
To: Michael Hingson <mike at michaelhingson.com>; 'NAGDU Mailing List,the
National Association of Guide Dog Users' <nagdu at nfbnet.org>
Cc: 'Timothy Elder' <telder at trelegal.com>
Subject: Re: [NAGDU] Hello, and Uber Letdown
Oh yes, Michael, we make sure to inform the driver that we are blind and the
dog is a guide dog trained for guiding the blind. Thanks.
Lyn and Aristotle
"Asking who's the man and who's the woman in an LGBT relationship is like
asking which chopstick is the fork" - Unknown
----- Original Message -----
From: "Michael Hingson" <mike at michaelhingson.com>
To: "'L Gwizdak'" <leg1950 at cox.net>; "'NAGDU Mailing List,the National
Association of Guide Dog Users'" <nagdu at nfbnet.org>
Cc: "'Timothy Elder'" <telder at trelegal.com>
Sent: Thursday, March 09, 2017 1:31 PM
Subject: RE: [NAGDU] Hello, and Uber Letdown
> Hi Lyn,
>
> Good question. The important thing to know is that if you are going to
> file a complaint it is important to make certain that when a driver
> tells you that he or she is not going to transport you because of your
> dog that you specifically inform the driver that the dog is a guide
> dog and that you are blind. Essentially you use the same logic that we
> use in any ADA situation.
> "I am blind, this is a guide dog and the dog is trained to guide me
> and therefore my guide dog is to be transported under the law." If the
> driver refuses then by all means file a complaint, BUT also
> immediately contact Tim Elder. DO NOT WAIT. Any Uber driver who
> knowingly denies you a ride when you are accompanied by a guide dog is
> supposed to be dismissed immediately under the terms of our settlement
> with Uber.
>
> According to the settlement ALL Uber drivers are to have been required
> to go through specific service animal training and they should by now
> have been required to acknowledge the training by agreeing that they
> WILL transport any blind person with a guide dog. If they do not agree
> then they are to be summarily terminated. EVERY driver MUST agree to
> transport guide dogs or they cannot drive for Uber. Again, if a driver
> thus denies a ride to a blind person with a guide dog where the
> passenger specifically informs the driver refusing a ride that the
> passenger is blind and that the dog is a guide dog then Uber is
> required to dismiss that driver with NO second chance.
>
> Lyn, this is a long answer, but I want everyone to make certain that
> they know the rules. Again, email Tim immediately and also file the
> appropriate complaint. Tim and the NFB evaluators will address the issue.
>
>
> Best Regards,
>
>
> Michael Hingson
>
> -----Original Message-----
> From: L Gwizdak [mailto:leg1950 at cox.net]
> Sent: Thursday, March 09, 2017 1:13 PM
> To: NAGDU Mailing List,the National Association of Guide Dog Users
> <nagdu at nfbnet.org>
> Cc: Michael Hingson <mike at michaelhingson.com>; 'Timothy Elder'
> <telder at trelegal.com>
> Subject: Re: [NAGDU] Hello, and Uber Letdown
>
> Hi Michael,
> First, it was nice to meet you at the CSUN restaurant NFB gathering
> last Tues. in San Diego!
>
> I see in your post that UBER drivers can get terminated for denying a
> guide dog. I don't use UBER myself but have ridden it with Lisa I,
> our Chapter president. I got to experience a denial on Christmas Eve
> when we were going to a church service. Lisa sent an email to some
> UBER ADA person in Chicago and she emailed Tim Elder. She did these
> emails after calling UBER to say we were denied a ride and we needed
> another driver. Meanwhile, we were outside stuck in the rain.
>
> What I need to know is do we still do the steps we took before
> emailing Tim Elder? As for the driver getting canned, I have no idea.
> Is UBER supposed to tell us if the driver got canned or is it good
> enough to be told that the issue has been taken care of. I'm like,
> what does that mean???
>
> So, if you can clarify this for me, I'd appreciate it.
>
> Lyn and Aristotle
> "Asking who's the man and who's the woman in an LGBT relationship is
> like asking which chopstick is the fork" - Unknown
> ----- Original Message -----
> From: "Michael Hingson via NAGDU" <nagdu at nfbnet.org>
> To: "'NAGDU Mailing List,the National Association of Guide Dog Users'"
> <nagdu at nfbnet.org>
> Cc: "Michael Hingson" <mike at michaelhingson.com>; "'Timothy Elder'"
> <telder at trelegal.com>
> Sent: Thursday, March 09, 2017 12:17 PM
> Subject: Re: [NAGDU] Hello, and Uber Letdown
>
>
>> Ed et al,
>>
>> Under the terms of the class action settlement the driver totally
>> violated the new Uber requirements. The key is that the driver was
>> specifically told that the animal was a guide dog. The driver cannot
>> use the excuse that he did not know.
>>
>> Under the terms of the settlement the driver's actions are grounds
>> for IMMEDIATE DISMESSAL. Uber's response was wrong and inappropriate.
>>
>> I am copying Tim Elder on this email. Tim was the lead counsel on the
>> Uber case. I just spoke with him about this and confirmed what I
>> stated above before responding. If ANYONE encounters guide dog issues
>> with Uber they should IMMEDIATELY notify Tim at Timothy Elder
> telder at trelegal.com.
>>
>>
>> Best Regards,
>>
>>
>> Michael Hingson
>>
>> -----Original Message-----
>> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Ed Rizzuto
>> via NAGDU
>> Sent: Thursday, March 09, 2017 10:56 AM
>> To: nagdu at nfbnet.org
>> Cc: Ed Rizzuto <edrizzutolaw at gmail.com>
>> Subject: [NAGDU] Hello, and Uber Letdown
>>
>> Hi folks,
>>
>>
>>
>> I'm new to this list, and a new guide dog user. I returned home from
>> training two weeks ago with my German Shepherd and it's going well,
>> for the most part. I live in Durham, North Carolina.
>>
>>
>>
>> I'm pretty sure the following situation is not a first. I'd
>> appreciate any help in how to proceed.
>>
>>
>>
>> I use Uber on an almost daily basis. Last Thursday, I requested a
>> ride to my daughter's school, I confirmed the ride, it was picked up
>> by a driver, I waited 17 minutes, the driver arrived and pulled into
>> my driveway. I approached the car with my dog in harness. The
>> driver stated through the passenger side window: "I'm not taking the
>> dog." I explainted that I am blind and that the dog is my guide dog.
>> I explained the law and explained Uber's policy. The driver just
>> kept repeating, "I don't care, the dog can't ride in my car." He
>> locked the rear passenger door. He backed out of my driveway and drove
off.
>>
>>
>>
>> I filled out the'service dog issue' report template on the Uber app
>> and a support rep called me several days later. The rep advised that
>> Uber takes these matters seriously, that the driver would be
>> re-notified of his obligations and that the driver would have to
>> re-affirm his understanding of the law and Uber's policy, and that he
>> must allow service dogs to ride.
>> The
>> support rep advised that the driver may face permanent termination
>> from the Uber program if he committed another violation.
>>
>>
>>
>> In my view, Uber's response and policy amounts to an
>> 'at-least-one-free-pass' anti discrimination policy with no
>> consequences to the driver and no compensation for the aggrieved
>> guide dog user. Uber's software does not even allow me an
>> opportunity to rate this driver as I was not charged. The driver
>> will undoubtedly never pick up a ride request from me or from my home
address again.
>> He simply gets away with this and the Uber pool of drivers available
>> to me is down by 1.
>>
>>
>>
>> My question to the group members is.. To the extent you've
>> experienced similar discrimination, have you had any more of a positive
outcome?
>>
>>
>>
>> Thanks,
>>
>> Ed
>>
>>
>>
>>
>>
>> Edward Rizzuto
>>
>> (530) 570-7000
>>
>> edrizzutolaw at gmail.com
>>
>>
>>
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>
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