[NAGDU] another incident with Huber and its getting serious

Al Elia al.elia at aol.com
Sun Jan 16 07:26:26 UTC 2022


Friends – litigation takes time. That includes taking time to ensure 
that plaintiffs have standing, that sufficient facts can be pled in a 
complaint  on behalf of those plaintiffs, and that sufficient facts can 
be alleged by class members like us to support the class claims. TRE 
Legal Practice, Disability Rights Advocates,  and Rosen Bien Galvan & 
Grunfeld LLP  are working diligently on the necessaries for litigating, 
but there is no point in litigating prematurely and getting the case 
dismissed because we didn’t take the time to ensure the case was 
meritorious.

If you have been denied an Uber since the settlement ended in July 2020, 
I encourage you to report those denials on the [NFB Rideshare 
Discrimination survey](https://nfb.org/rideshare). That survey is only 
seeking information about denials and other discrimination, and will be 
used to support the litigation allegations I mentioned above.

Thank you for your continued advocacy and assistance in addressing the 
continuing scourge of discrimination against service-animal users.

Yours,

/Æ



On 15 Jan 2022, at 7:59, Julie McGinnity wrote:

> Hi all,
>
> I have to agree with Lynn and Mike here. It's about time that we take
> drastic action against Uber and Lyft. I am generally not one to
> complain about what an organization does not do when I am not helping
> to solve the problem, but it seems as though dog denials are
> increasing and our response to them as an organization is falling off.
>
> I, too have been denied a ride and then received a message that the
> driver canceled because I was supposedly not wearing a mask. Not true,
> obviously. I believe this happened to me twice, once right after the
> start of the pandemic, and once last summer. My last Uber denial, one
> of the last trips I took with my now retired guide, was so bad. The
> driver told me to my face that he would not take me, that he did not
> care what happened to him, and that he did not care I would be 15
> minutes late for class. (This denial was the second one I had
> experienced that morning.) I was 8 months pregnant and very
> uncomfortable and emotional. I was not mean, but I did cry while
> trying to explain the law to him. That particular denial got me
> thinking about all kinds of dangerous situations. What if it had been
> hot outside and I had to wait in the heat while in that condition?
> What if I had had my baby with me? I have heard of blind people, even
> without dogs, being denied Ubers with their children. When these
> drivers deny us, they are generally insensitive and sometimes rude to
> the point where we question our safety. And with a baby now, I think
> about safety much more than I ever did before.
>
> All that to say, this is a problem and it should be one of our highest
> priorities. I would like to do what I can to help. I am now
> technically between dogs and caring for a very young baby, so I may
> not be able to offer as much as I would like at the moment. But we
> need to show Uber and Lyft that we are not going away and that we will
> take them to court, give them ba press, whatever it takes. I saw an
> article in the New York Times today about how Covid tests are
> inaccessible to blind people. I know there has been some press about
> Uber and Lyft denials, but have we gotten an article in a paper like
> the NY Times? Or maybe we could form a relationship with a reporter
> who could do a series. I love the Lyft video idea and am trying to
> encourage those around me to help with that.
>
> The bottom line is that we rely on Lyft and Uber. The drivers are
> blatantly breaking the law, and they don't care about the consequences
> because Uber does not enforce its own policies. We absolutely must
> show them that the ADA is a civil rights law, just like any other, and
> that there is no excuse.
>
> Julie
>
>
> On 1/15/22, judotina48kg--- via NAGDU <nagdu at nfbnet.org> wrote:
>> I agree with Michael. I believe it is time to take a more aggressive
>> approach with respect to Uber and its discriminative practices with 
>> their
>> policies concerning Guide and Service dogs.
>> Tina and the Little Man
>>
>> -----Original Message-----
>> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Mike Hingson via 
>> NAGDU
>> Sent: Friday, January 14, 2022 5:14 PM
>> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
>> <nagdu at nfbnet.org>
>> Cc: mike at michaelhingson.com
>> Subject: Re: [NAGDU] another incident with Huber and its getting 
>> serious
>>
>> Cindy,
>>
>> I agree. However, Uber especially continues to flaunt its lack of 
>> real
>> interest in fixing the problems in spite of the legal settlement and 
>> the
>> multi-year input from the NFB. The NFB is doing quite a bit, but I 
>> can but
>> wonder if it is time once again to litigate. It will be interesting 
>> to hear
>> about Lyft concerns, but there is no way to doubt for most of us that 
>> Uber
>> is still the bigger elephant in the room. Lisa Irving won her own 
>> Uber law
>> suit last year and even so, nothing seems to be changing in Uber's 
>> mindset.
>>
>>
>> Best Regards,
>>
>>
>> Michael Hingson
>>
>> -----Original Message-----
>> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Cindy Ray via 
>> NAGDU
>> Sent: Friday, January 14, 2022 5:08 PM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> <nagdu at nfbnet.org>
>> Cc: Cindy Ray <cindyray at gmail.com>
>> Subject: Re: [NAGDU] another incident with Huber and its getting 
>> serious
>>
>> Lynn, I’m not sure what you mean by the Nfb and ACB can’t do 
>> anything about
>> Lyft and Uber. We’ve been working on it for years, and in someways 
>> things
>> are better. The drivers have just learned that they found a new 
>> weapon Dash
>> no masks. And even if it’s a lie, they’re using it until 
>> they’re not able to
>> anymore. Nfb and probably a CB two are working on it still. The idea 
>> of
>> risking Lyft and Uber going bankrupt is a bad idea for those of us 
>> who don’t
>> have bus service and trolley service and train service etc., because 
>> taxi
>> services hire. I don’t think we would want to take that route 
>> personally.
>> This is, of course, my point of you. At the same time, I definitely 
>> deplore
>> what they are doing. I hope at some point we can get enough 
>> creativity about
>> us that they can begin to see we really and truly mean business. 
>> Cindy Lou
>> Ray, moderator,  Cindy ray at gmail.com
>>
>> Cindy Lou Ray
>> Sent from my iPhone
>>
>>> On Jan 14, 2022, at 6:56 PM, Lyn Gwizdak via NAGDU 
>>> <nagdu at nfbnet.org>
>>> wrote:
>>>
>>> Hey all,
>>>
>>> How about finding a friendly reporter from the press or tv news? 
>>> Maybe
>>> Uber and Lyft need some bad press to go with law suits. Too bad we
>>> couldn't get a big public boycott so Uber and Lyft risk going
>>> bankrupt. This is really disgusting and it sucks that NFB and ACB 
>>> cant
>>> do anything. I dont use these platforms because of these bigoted
>>> drivers and I cant afford it anyway. I take buses, the trolley, and
>>> paratransit for all my transportation needs.
>>>
>>> Lyn and Aristotle
>>>
>>>> On Fri, Jan 14, 2022, 1:13 PM robert stigile via NAGDU
>>>> <nagdu at nfbnet.org>
>>>> wrote:
>>>>
>>>> Annette,
>>>> No, I have not had it where they said I was not wearing a mask. 
>>>> But,
>>>> I had to Ubers in a row a week ago canceled and it was raining a 
>>>> lot.
>>>> So I reported him, and uber called me to find out what happened and 
>>>> I
>>>> told him and one of the drivers was blatant and his discrimination
>>>> and they still said they educated him and he is  back on the 
>>>> platform
>>>> just don’t get it!
>>>>
>>>> Robert Stigile, Second Vice-President National Federation of the
>>>> Blind of California President San Fernando Valley Chapter
>>>> 818-381-9568
>>>>
>>>>
>>>>> On Jan 14, 2022, at 12:36 PM, Melissa Allman via NAGDU
>>>>> <nagdu at nfbnet.org>
>>>> wrote:
>>>>>
>>>>> Hi Anette. What you are saying is unfortunately all too common. 
>>>>> I'm
>>>>> not
>>>> great at taking selfies so I'll leave that topic alone but will be
>>>> interested in the perspectives of others on that. However, I think 
>>>> it
>>>> would be worth reaching out to the state protection and advocacy
>>>> agency as you suggest. Unfortunately Uber's terms and conditions 
>>>> have
>>>> an arbitration clause which is limiting. However, some people have
>>>> filed state law contract claims and I'm hearing that some are
>>>> exploring small claims court actions depending on whether it's 
>>>> viable
>>>> in the state they are in. I'm sorry to hear that about the AG as 
>>>> far
>>>> as the criminal law front. I would say get some legal advice and
>>>> don't give up. I'm so sorry to hear you are one more person who has
>>>> experienced this.
>>>>>
>>>>> Melissa
>>>>>
>>>>> Melissa Allman
>>>>> Senior Specialist, Advocacy and Government Relations The Seeing 
>>>>> Eye
>>>>> P.O. Box 375, Morristown, NJ 07963-0375 (mail)
>>>>> 1 Seeing Eye Way, Morristown, NJ 07960-3378 (deliveries)
>>>>> 973-539-4425 ext. x1724 | mallman at seeingeye.org | 
>>>>> www.SeeingEye.org
>>>>>
>>>>> Your support helps us create extraordinary teams. Please help The
>>>>> Seeing
>>>> Eye by making a donation today.
>>>>>
>>>>>
>>>>>
>>>>> -----Original Message-----
>>>>> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of annette via
>>>>> NAGDU
>>>>> Sent: Friday, January 14, 2022 3:23 PM
>>>>> To: NAGDU at nfbnet.org
>>>>> Cc: annette <annettenowakowski at att.net>
>>>>> Subject: [NAGDU] another incident with Huber and its getting 
>>>>> serious
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Hello all,
>>>>>
>>>>> Yesterday I was waiting for my Huber ride with my guide dog in
>>>>> harness
>>>> and I was wearing a mask.  When the driver approached and saw me he
>>>> drove off.  I received a text from Huber saying that my request 
>>>> could
>>>> not be filled.  I requested another rife from Huber.  This time the
>>>> app wanted me to take a selfie with my mask on and send it to them.
>>>> By now, I was going to be late for my appointment.  I gave up on
>>>> Huber and took Lift.  For my return trip, I requested a trip with
>>>> Huber.  I got the same message about taking a photo.  I tried a
>>>> couple of times but could not get the  photo done.  I asked for 
>>>> some
>>>> sighted help.  I received an email from Huber stating that the 
>>>> driver
>>>> reported that I was not wearing a mask which is a lie.  The email
>>>> said that if there were multiple attempts to ride without a mask, I
>>>> will lose access to the app.  Now, I have this on my record.  If 
>>>> this
>>>> driver pulled this stunt, more drivers will do it as well and get 
>>>> away
>>>> with it.  I reported this to the   ridership survey and am going to
>>>> contact  Huber.  Has this happened to anyone else?  Does anyone 
>>>> have
>>>> any tips on how to take a selfie for the Huber app?  I feel so
>>>> helpless.  It’s my word against the driver, and the driver wins.
>>>> Huber sides with the driver and against the customer.  A couple of
>>>> years ago, I complained to Huber about a refusal of service.  Huber
>>>> just said they would talk to the driver, but no disciplinary action
>>>> was taken.  I know NFB’s history of taking action against Huber 
>>>> and
>>>> Lift, but feel something else must be done.  Who regulates Huber 
>>>> and
>>>> Lift?  In the past, someone suggested filing a criminal misdemeanor
>>>> against the driver.  However, the city and county states attorneys
>>>> here in St. Louis have dismal prosecution records and thousands of
>>>> misdemeanors cases, and I don’t think I would get far.  Should I
>>>> report this to the Attorney General, Protection and Advocacy, the 
>>>> BBB or
>>>> who?
>>>>>
>>>>> Annette
>>>>> _______________________________________________
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>>>>> for
>>>> NAGDU:
>>>>>
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>>>>> _______________________________________________
>>>>> NAGDU mailing list
>>>>> NAGDU at nfbnet.org
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>>>>> for
>>>> NAGDU:
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>>>>> com
>>>>
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>>
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>
>
> -- 
> Julie A. McGinnity
> MM Vocal Performance, 2015; American University Washington College of
> Law, JD Candidate 2023


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