[NAGDU] Rideshare Issues
Al Elia
al.elia at aol.com
Fri Jul 28 12:12:52 UTC 2023
Not a website – they are compiled from the ADA regulations at 28
C.F.R. Parts 35 and 36, and 49 C.F.R. Part 37. I suppose also the NFB v.
Uber case awhile back that refused to dismiss the case against Uber when
Uber tried to argue that its service was not covered under the ADA.
On 24 Jul 2023, at 9:52, Jenine Stanley wrote:
Thanks for the actual facts pertaining to the ADA and transporting
service animals. Do you have a citation for these, i.e., a web site
where you got them? Not at all doubting your facts here, just wanting to
cite them to others outside this list. 😄
I also want to thank others here for noting that people may have
differing reasons for notifying entities about their service animals
prior to arrival. When I worked at America’s Vetdogs, many of our
graduates had PTSD and it was often easier for them to notify first
rather than have a denial at the location or with the service on the day
of travel. These same people also found it easier to show their ID
cards. I know that’s a topic that will get some people up in arms, and
honestly, prior to working with people with PTSD and other conditions
than blindness, I’d have been someone who forcefully spoke against
showing ID. Doing so though with the phrase, “… it’s not required
by law but …” was something we regularly advised and that did work
for people.
I can’t imagine the Halting anxiety that conflicts over your service
animal can bring. I’ve had my share over the years and there’s no
doubt that traveling with my dog does add stress when it comes to
certain entities like ride share. So just offering support out there to
anyone for whom identifying prior to travel helps with that anxiety.
I’m also supporting those who are honestly afraid to say they do so on
lists like this for fear of having to justify themselves. Yes, it can
make access difficult for the rest of us at times when someone calls
ahead or chooses to show ID. My guess though is that if it’s not over
these issues, the denial will be about something else. People doing the
denying often hide behind the showing of ID or calling ahead. Let’s
unmask that and get to the real issues. What are those real issues?
Maybe someone had a bad experience with a service animal team. Maybe
they’ve just imagined they’d have a bad experience based on urban
legend. Maybe they are just very uncomfortable around dogs and people
with disabilities. Whatever these factors are, they are not my problems
when it comes to accessing any entity and I’m not here to make that
person comfortable. I’m lucky that from where I am in my own
disability experience, I can stand with the laws and not feel as if I
have to appease people. That’s not where everyone is though and I do
need to accept that.
OK, confusing ramble over. Thanks for the interesting topic.
Jenine
On Jul 24, 2023, at 9:14 AM, Al Elia via NAGDU <nagdu at nfbnet.org> wrote:
Hello all. I wanted to clear up a few misconceptions about the law.
1. Paratransit, taxis, and rideshares must transport you with your
service animal;
2. Paratransit companies, taxi companies, rideshare companies, and
drivers may ask you if your dog is a service animal, if you require it
because of a disability, and what task it is trained to perform;
3. They cannot refuse to transport you because you have a service
animal;
4. They may ask you beforehand if you have a service animal, though you
are not required to answer;
5. At the point of transport, it is unclear whether a driver or company
would face liability for failing to transport you if you do not answer
the inquiries described in point 2 above at least once to either the
driver or the company;
6. A company may not provide you worse service (e.g., delaying pickup)
because you told them you have a service animal during the booking
process;
7. Companies may, if they want to, provide you a better service (e.g.,
larger vehicle) at the same time and at no extra charge because you
told them you have a service animal during the booking process;
8. If you know that the company provides a better service if you inform
them about your service animal during the booking process, and you do
not so inform them, you cannot demand the better service at the point of
pickup, though the regular service is required to transport you.
I hope these points have been helpful in clearing up any confusion.
Yours,
/Æ
Al Elia
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