[NFBC-SFV] Blatant discrimination against people with disabilities by Access services here in Los Angeles county

Tue Oct 4 16:58:55 UTC 2022

Hi Robert,

First of all, I just want to make it clear that I am not intending for this to become a long and drawn out exchange here on the listserv. Out of respect for those who may not want their inbox filled with this discussion, I ask anybody who is interested in discussing this with me further to reach out to me off-line. I want to thank you for taking the time to read my message and for your response. While I can certainly understand your position in all of this, especially given the horror that Covid was a couple of years ago, I think we have reached a point where  we have a better handle on the overall situation, thus the significant downward trend that is shown in the numbers of deaths, hospitalizations, and infections. When it comes to attending something such as a convention, I clearly make the choice not to attend if those are the rules that One has to abide by. Doing so will not have a noticeable effect on my overall lifestyle and ability to go out and live a full productive life.  When it comes to what's happening here in Los Angeles county, that's an entirely different animal.

When the Board of Directors and county health Director who oversees things such as public transportation changes the mandate from being required to strongly recommend that masks be worn aboard all public transportation, this should apply to all public transportation, including access services. When I am threatened to not be transported unless I wear something on my face that I do not absolutely have to wear, that does interfere with my ability to live the life I want . As you know, the NFB recently issued a code of conduct. From my understanding, that applies to any and all NFB events, not only some. For that matter, when the county of Los Angeles no longer requires that mask to be worn on public transportation, that should be for all public transportation, not just some. so you see, this is not just an issue of somebody who doesn't want to wear a mask, this is an issue of equality. Able-bodied and sighted people who use the fixed route public transit system don't have to wear a mask and are therefore not threatened with refusal of service if they elect not to wear a mask. Access services, which is also a form of public transportation,  Does not treat us who are blind and disabled equally. Surely, I would think the NFB would care more about that, especially during so-called blind equality achievement month.

Again, I appreciate and understand your response, but I will continue to fight this fight and hope that others will join me. Remember, that there are three kinds of good people in the world. Those who fight, those who help the fighters, and those who sit and do nothing.  I absolutely refuse to be part of the latter. Again, if anyone has any questions or concerns about this moving forward, please do not post to the list, reach out to me directly and I'd be happy to talk to you. Take care. 

Sent from my iPhone

> On Oct 4, 2022, at 9:04 AM, Robert Stigile via NFBC-SFV <nfbc-sfv at nfbnet.org> wrote:
> 
> Julian,
> I want to take a minute and respond to your e-mail.
> I sent you a message yesterday, that came to me from the County of Los Angeles Covid updates.
> In this message, it states that all health care and Convalescent facilities will continue to mandate mask wearing until further time.
> It also states that any business or entity may require patrons to wear masks if they feel that there are others who will be at risk. therefor, Access is one of those entities and they may require patrons to wear masks if they feel it will keep patrons safe.
> Also, you should know, that at our last National convention anyone attending in person had to wear a mask in all areas such as meeting space, hallways and elevators and if they did not they were asked to put it on.
> Also, the requirements for one to attend our State convention in November is that you must have a negative covid test, as well as wear a mask in all meeting spaces and hallways and elevators.
> If you are found not wearing the mask when you are not eating, you will be asked to put one on and if you do not adhere to this policy you will be asked to leave the meeting room.
> All of these procedures are to keep people as safe as possible, and to keep the spread of covid to a minimum.
> I hope this assist you in your quest and if you have any questions, feel free to reach out to me.
> Sincerely,
> Robert Stigile, Secon Vice-President
> National Federation of the Blind of California
> President, San Fernando Valley Chapter
> 818-381-9568
> 
> 
> ----- Original Message -----
> From: Julian via NFBC-SFV <nfbc-sfv at nfbnet.org>
> Date: Monday, October 03, 2022 08:44 PM
> To: "Stigile, Robert" <rstigile at gmail.com>
> CC: Julian <mrc1818 at gmail.com>
> Subject: [NFBC-SFV] Blatant discrimination against people with disabilities by Access services here in Los Angeles county
> 
> Greetings fellow chapter members,
> Some of you may be aware of the fact that I have recently started documenting what I feel is blatant discrimination in denial of our civil rights under the Americans with disabilities act by Access services here in Los Angeles County. This all has to do with their continued Requirement that we all wear face coverings while on board access services vehicles. In case you're not aware, on September 23, 2022 the Los Angeles county health Director, following the lead of the CDC and the state of California, removed the mandatory requirement that passengers wear face coverings on board public transportation and indoor transportation hubs.  As we all know, access services is called para transit and thus is also considered to be public transit here in Los Angeles County. If one refuses to cover their face while on an access vehicle, they are threatened with denial of service. This is absolutely a blatant denial of our civil rights and discriminatory practices and should be spoken out against and strongly condemned.
> I have written a letter to both the state president as well as the national president of the NFB asking for their assistance in speaking out against this heinous practice.  Any of you who are so inclined should consider doing the same. The more voices the better. This is after all, blindness equality achievement month and I can't imagine a more fitting thing than to have the NFB speak up against policies that clearly render the blind as well as others with disabilities less than equal  when it comes to our treatment aboard public transportation. We need to be allowed to live the lives we want and not have discrimination and denial of our civil rights holding us back. See below for the text of the letter that I sent to  Both presidents:
>    Dear Tim Elder and Mark A. Riccobono,
> 
> I am writing to make you aware of, and hoping that NFB will assist with stopping what I feel is blatant discrimination and denial of our rights under the ADA, especially during Blind Equality Achievement Month. You may or may not be aware that following the lead of the CDC, and the State of CA, the Los Angeles County Health Director lifted the mandatory mask wearing requirement, and now just strongly recommends mask wearing, aboard all forms of public transit and indoor transit hubs on September 23, 2022. Below is a paragraph from a County newsletter that was recently forwarded to me:
> 
>> *Masks are strongly recommended:*
>> 
>>  * *On all forms of public transit*, including trains, buses, shuttle buses,
>>    taxis, ride-shares, and medical transport.
>>  * *In all transportation hubs*, including airport and bus terminals, train
>>    and subway stations, seaports or other indoor port terminals, or any other
>>    indoor area that serves as a transportation hub
> * Please note that it says "strongly recommended, not required
> 
> Despite this policy change, Access Services, the LA County provider of ADA Para-transit, is still requiring all riders to continue to wear masks indefinitely, and if we don't wish to have this imposed on us, they threaten not to transport us. I know of at least one person who was removed from an Access vehicle by a road supervisor and LAPD and has now been suspended from using the service, just for respectfully declining to wear a mask. Keep in mind that able bodied riders of all other forms of public transit no longer have to wear masks if they don't wish, and certainly aren't being threatened, and being denied their rights to public transit in this manor. This amounts to nothing less than denial of our civil rights under the ADA and blatant discrimination since this only affects riders with disabilities. Regardless of how one may feel about mask wearing, this is about a clear lack of equality while riding public transit. This absolutely  interferes with the philosophy of "living the lives we want", it's discrimination and denial of our civil rights, holding us back and it needs to stop.
> 
> I'm sincerely hoping that the NFBCA, as well as NFB National will join us here in LA County in speaking out against this discriminatory practice, not just on behalf of the Blind, but all people with disabilities who are negatively impacted by this. I've started recording video to document every instance of this discrimination that I encounter and sharing it publicly on FaceBook to draw attention to this situation, and would be happy to provide it to you as well if it would be helpful. I look forward to hearing from you soon, Thank you for your consideration.
> 
> Sincerely,
> -- 
> Julian Vargas
> Mobile Access Technology Training and Consulting
> www.techjv.com
> 818-794-9554
> Sent from my iPhone
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