[NAGDU] FW: Uber Denials:Positive Outcomes

Fri Mar 10 16:29:32 UTC 2017

From: james boehm [mailto:jimmydagerman80 at gmail.com] 
Sent: Friday, March 10, 2017 10:22 AM
To: National Association of Guide Dog Users Gwizdala <nagdu at nfbnet.org>; Tennessee Association of Guide Dog Users <TN-guide-dog-users+noreply at googlegroups.com>
Cc: Cindy Ray <cindyray at gmail.com>
Subject: Uber Denials:Positive Outcomes

Dear Ed and friends,

While the suit settlement will not produce overnight results, we look forward to the time when we will not have to personally experience or hear of our fellow guide dog users be discriminated by any public service, such as Uber. I had an incident in Tennessee last year and we had 3 objectives:

1.Bring awareness to the community that public service denials happen far too often. Many people in the community are not aware. We drafted a press release in which we shared with the local news media.

2. Education. We used the bad situation as an opportunity to educate the many area law enforcement , local and county police, and we  established strong relationships with the area DA.SInce then, I have received two other reports of access denials, and with the police educated and the DA well informed, a report  was swiftly completed.

3. Accountability  The driver that left Shep and I stranded was not only removed off of the platform, but because of Tennessee’s law, the driver was charged with a Class C misdemeanor.The story received publicity from all major television networks and newspapers  in Tennessee and was picked up  by stations as far away as New York and San Francisco. The below article is from  an NPR report that brought attention to the story as well:

Tim Elder was very helpful in the process. One thing that helped us  was to be familiar with the state law, knowing whether if it is a criminal offense or civil offense. Know the state code and it’s specific wording. If you have any questions about our experience here in Tennessee, feel free to reach out to me at secretary at nfb-tn.org <mailto:secretary at nfb-tn.org>  or at 901-483-1515. Mike and Marion are also well versed in the laws. In our upcoming 4th Annual “Cup-Up” Tennessee seminar, we will be addressing public service issues; we plan to demonstrate a good example and then act out a bad example of advocating during a time of access denial. We will discuss the examples and then walk through the steps of filing a claim through the Uber app. We will send out more information as it becomes available. The seminar will be held march 31, Friday, from 7-9 pm. CT. I am again deeply sorry that you had to deal with an access denial. It is quite frustrating and unnerving.  Rest assured you have the federation family on your side! At our court hearings, we had numerous federation members from several state chapters who came as far away as 5 hours away to support Shep and I at the court hearings! Know that we support you as well and wish you safe travels.

NPR Article:

What A Murfreesboro Court Case Tells Us About Uber And Service Animals

Tony Gonzalez

 <http://mediad.publicbroadcasting.net/p/wpln/files/styles/x_large/public/201609/jimmy_boehm_0705.JPG> 

Nashville-area Uber drivers are learning more about their responsibilities to passengers who travel with service dogs.

That’s because of a rare court case in Rutherford County — and new nationwide guidance from the ride-hailing service itself. Both are nearing completion and raising awareness.

The case in Murfreesboro surfaced in April.

James Boehm, a Middle Tennessee State University graduate, said he had started choosing Uber for some trips across town with his guide dog, Shep, a German shepherd.

While waiting for a pickup outside the veterinarian’s office one afternoon, he said he sensed something was wrong. Because he is blind, Boehm uses smartphone technology that vocalizes what is happening on his phone screen.

He knew his driver had arrived.

“I hear someone yell, they said, ‘You’re going to have to get another driver … I don’t want that dog in my car,’ ” Boehm told WPLN.

He began to ask why, and noted that the Americans with Disabilities Act protects service animal users.

“And she literally squealed her tires and took off. And I’m just standing there like, ‘Wow, did that just happen?’ ” he said.

A First In Rutherford

As a local leader closely involved with the National Federation of the Blind, Boehm knows the law intimately. He has taught advocacy classes for service animal users and  <http://www.usatoday.com/story/news/nation/2014/03/07/service-dogs-law/6163211/> courses for business owners about how to accommodate Tennesseans with disabilities.

While a bystander came to Boehm’s aid on the day he lost his Uber ride, he followed up with a complaint against the driver — through the app and to local police.

That led to a misdemeanor charge for denial of service against driver Rolonda Douglas.

The case is a first for the county, said District Attorney Jennings Jones.

“Quite frankly, I’ve never had this type of case come up before,” he said. “We had to check the law to make sure we had a good understanding of what it said.”

 <http://mediad.publicbroadcasting.net/p/wpln/files/styles/x_large/public/201609/jimmy_boehm_0702_guide_dog.JPG> 

The Class C misdemeanor could lead to 30 days in jail. Authorities wouldn’t comment on the possible outcome of the case, but Boehm said discussions in court last week point to a possible $50 fine and community service.

Boehm said that conclusion would show accountability. As importantly, he said he wants the case to raise awareness for other drivers, and for the authorities.

“People in the community now know that this is happening and they’re educated as to what the law is,” he said. “A lot of this was new to them. They are now fully versed.”

Boehm’s case came to light just as Uber was settling a class-action lawsuit in California over guide dog discrimination. The National Federation for the Blind (NFB) brought the case, saying that ride-hailing could greatly benefit people with disabilities, but only so long as they are fairly served.

Uber  <https://nfb.org/groundbreaking-settlement-end-discrimination-against-blind-uber-riders-who-use-guide-dogs> has agreed to train its drivers, remove violators and collect data. And the NFB will periodically test Uber's compliance by sending service animal users into the field.

“We hear about stuff all the time, unfortunately, and it’s occurring everywhere,” Boehm said. “You can do a Google search … you’ll just get tons of incidents and stories.”

Boehm, 35, recently moved to Nashville, where he’s pursuing a clinical counseling master’s degree from Vanderbilt University.

Your federation brother,

James Alan Boehm
Peabody College of Vanderbilt University
Human Developmental Counseling/Clinical Counseling: M. ED.

Contact Information:
Phone: 901-483-1515
Personal Email: jimmydagerman80 at gmail.com <mailto:jimmydagerman80 at gmail.com> 
Graduate Email: James.A.Boehm at Vanderbilt.edu <mailto:James.A.Boehm at Vanderbilt.edu> 
NFB Email: secretary at nfb-tn.org <mailto:secretary at nfb-tn.org> 
Kustom Cane: kustomcane at gmail.com <mailto:kustomcane at gmail.com> 

-Audrey Hepburn: "Nothing is impossible, the word itself says ‘I’m Possible'"
Live the life you want! 

James Alan Boehm
Peabody College of Vanderbilt University
Human Developmental Counseling/Clinical Counseling: M. ED.

Contact Information:
Phone: 901-483-1515
Personal Email: jimmydagerman80 at gmail.com <mailto:jimmydagerman80 at gmail.com> 
Graduate Email: James.A.Boehm at Vanderbilt.edu <mailto:James.A.Boehm at Vanderbilt.edu> 
NFB Email: secretary at nfb-tn.org <mailto:secretary at nfb-tn.org> 
Kustom Cane: kustomcane at gmail.com <mailto:kustomcane at gmail.com> 

-Audrey Hepburn: "Nothing is impossible, the word itself says ‘I’m Possible'"
Live the life you want! 

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