[Nfbc-info] Discrimination in Oakland

Tue Feb 9 01:42:21 UTC 2010

Given the affiliation of the aggrieved parties, perhaps it would be wise to ascertain if they wish assistance in putting their case.

Mike Freeman

----- Original Message -----
From: unknown <ckrugman at sbcglobal.net>
To: "NFB of California List" <nfbc-info at nfbnet.org>
Date: Monday, Feb 8, 2010 17:15:29
Subject: Re: [Nfbc-info] Discrimination in Oakland

>
>
> The appropriate things to do regarding this matter are as follows:
> 1. If the City of Oakland has an ADA coordinator file an official complaint 
> with the City as if this is a paratransit company under contract with the 
> city to provide paratransit services they are responsible. for 
> implementation of service and a need to insure that staff are appropriately 
> trained. 2. Officially file a complaint with U.S. Department of Justice as a 
> definite ADA violation occurred. The procedures for filing such a complaint 
> are available at www.ada.gov.
> While it is important to make people aware of what happened change can only 
> occur if official documentation in the form of ADA complaints are filed. For 
> the record I am not aware of any circumstances where a public transit driver 
> can refuse to transport a properly identified service animal. Not only is 
> this clearly a violation of the ADA it is also a violation of California law 
> as well. If needed I can research and furnish the appropriate citation.
> Chuck Krugman, M.S.W., Paralegal
> President, NFB Central Valley Chapter
> 1237 P Street
> Fresno ca 93721
> 559-266-9237
> ----- Original Message ----- 
> From: "Anne Ward" <inland2wards at att.net>
> To: <Undisclosed-Recipient:;@smtp127.sbc.mail.sp1.yahoo.com;>
> Sent: Monday, February 08, 2010 12:29 PM
> Subject: [Nfbc-info] Discrimination in Oakland
> 
> 
> > This was sent to me this morning by Judith Lesner, who asked me to 
> > distribute it widely.
> >
> > Anne Ward
> >
> >
> >
> > Discrimination in Oakland?
> >
> >
> >
> > Last night my very good friend Marvelena Quesada was told that she had to 
> > "sit in the back of the bus".  In this case, an East Bay ParaTransit bus. 
> > The person givithng the order was the bus's dispatcher.  Marvelena's 
> > status that led up to the banishment to the back of the bus was her 
> > traveling with Darla.  Marvelena is blind and Darla is her seeing eye dog.
> >
> >
> >
> > To start at the beginning, Marvelena and her husband Chris Gray came to my 
> > house for dinner.  They are both blind and Chris is the past president of 
> > the American Council of the Blind which is a national consumer group. 
> > They had arranged to be picked up by East Bay ParaTransit for a ride home. 
> > At about 9:15 they got a call that their ride was outside.  I walked out 
> > with them to bus number 352.  The driver asked if the dog was going along 
> > too.  Marvelena replied that it was.  The driver then decided that her bus 
> > was not positioned correctly and drove about a half block down the street. 
> > By the time we got to her she was on her cell phone and refused entry to 
> > Chris and Marvelena, yelling at them through the partially opened door 
> > that no one had said anything about a dog and that she had "issues" with 
> > dogs.  She said they had to wait for another paratransit  bus to come and 
> > take them.  Chris said that they had a legal right to get on the bus with 
> > the dog and forced his way through the partially opened door and got on 
> > the bus.  The driver slammed the door and wouldn't let Marvelena and Darla 
> > on the bus.
> >
> >
> >
> > Meanwhile the driver was speaking to her dispatcher on a speaker phone. 
> > That was when the dispatcher made her Solomon like decision to end the 
> > impasse, "Go take the dog and sit in the back of the bus".  I informed the 
> > driver and dispatcher that it was no longer the 50's where they could get 
> > away with that.  Chris and Marvelena said that she would not move to the 
> > back.  While this was going on, Marvelena and Darla managed to get on the 
> > bus.  Marvelena was calling paratransit and she and I and another friend 
> > were conferring through the open door.  At that point the passenger on the 
> > bus said that she had had it with waiting so long and would walk the rest 
> > of the way home.  She got off the bus and left.  The driver reported that 
> > the passenger had left the bus because of the dog which was a baldfaced 
> > lie.  The driver then said that the company was sending another bus to 
> > take them home.
> >
> >
> >
> > This all went on for some time when the driver closed the doors so that we 
> > could no longer talk to Chris and Marvelena, turned out the lights and 
> > left the bus.  Marvelena and Chris were left alone in a locked bus while 
> > the driver walked half a block away and spoke on her cell phone.  Chris 
> > then called 911 and two Oakland policemen arrived shortly there after.
> >
> >
> >
> > One of the police asked my friend and I what was happening.  I explained 
> > the situation.  The policeman said something to the effect that it 
> > depended on the bus company's policy.  I said that was nonsense.  That it 
> > had nothing to do with the bus company, it was a federal law called the 
> > ADA.  Marvelena and her dog had the same right of access to public places 
> > as Marvelena did on her own.  He seemed unaware of the law.
> >
> >
> >
> > Finally, after the police arrived, another bus arrived to take them home. 
> > The altercation took about an hour and involved the waste of two bus 
> > drivers' time as well as that of two Oakland police personnel.
> >
> >
> >
> > Questions that arise:
> >
> >  1.. Why when so many people with disabilities are using service animals 
> > does a company whose sole clientele are people with disabilities hire a 
> > driver who will not drive a bus with a dog on it?
> >  2.. If the company feels compelled to hire folks who are afraid of dogs, 
> > why do they not routinely ask passengers if they are traveling with 
> > service animals so that they can send a not-afraid driver?
> >  3.. Why were the driver and the dispatcher not trained by the company to 
> > know the laws about access and seeing eye dogs?
> >  4.. Why was the driver not trained in basic courtesy?  She routinely 
> > yelled at us, slammed doors and at one point told me to "move him."  She 
> > was referring to Chris.  I explained that he was a person and he moved 
> > himself, I did not move him.
> >  5.. Why are the Oakland Police not trained in the fundamentals of ADA 
> > access laws?
> >
> >
> > Issues to note:
> >
> >  1.. Darla was wearing a regulation Seeing Eye harness, did not make any 
> > noise, did not show any aggression despite the shouting of the driver and 
> > lay on the floor of the bus near Marvelena's feet the entire time.
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> 
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