[Nfbf-l] {Disarmed} Fw: Stand up for Uber in Florida!
Marion Gwizdala
marion.gwizdala at verizon.net
Thu Mar 12 12:44:53 UTC 2015
George,
I appreciate your input;however, there are many legal flaws in your
post. First of all, the ADA and Florida statute expressly includes
independent contractors and makes the company liable for the actions of such
contractors. Here is what the ADA says:
It shall be discriminatory to subject an individual or class of individuals
on the basis of a disability or disabilities of
such individual or class, directly, or through contractual, licensing, or
other arrangements, to a denial of the opportunity of the individual or
class
to participate in or benefit from the goods, services, facilities,
privileges, advantages, or accommodations of an entity. 42 USC
12182(b)(1)(A)(i)
Here is Florida Statute:
Any person, firm, or corporation, or the agent of any person, firm, or
corporation, who denies or interferes with admittance to, or enjoyment of, a
public accommodation or otherwise interferes with the rights of an
individual with a disability or the trainer of a service animal while
engaged in the
training of such an animal pursuant to subsection (8), commits a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083.
413.08(4) f.s.
as for the statement that requiring drivers to carry service animals
if it is contrary to their religious principles, where religious tenets
conflict with law, the law preempts the religious tenet. As for stating on
an application for service that one is blind and uses a guide dog, this
would certainly create discrimination, as described herein:
It shall be discriminatory to afford an individual or class of individuals,
on the basis of a disability or disabilities
of such individual or class, directly, or through contractual, licensing, or
other arrangements with the opportunity to participate in or benefit from a
good, service, facility, privilege, advantage, or accommodation that is not
equal to that afforded to other individuals. 42 USC 12182(b)(1)(A)(ii)
Fraternally yours,
Marion Gwizdala, President
National Association of Guide Dog Users Inc.
National Federation of the Blind
(813) 626-2789
(888) 624-3841 (Hotline)
President at nagdu.org
http://www.nagdu.org
High expectations create unlimited potential for the blind!
-----Original Message-----
From: Jorge Paez [mailto:jorgeapaez1994 at gmail.com]
Sent: Wednesday, March 11, 2015 12:21 PM
To: Marion Gwizdala; NFB of Florida Internet Mailing List
Subject: Re: [Nfbf-l] {Disarmed} Fw: Stand up for Uber in Florida!
Hi all:
First of all, I strongly disagree with the idea of forcing companies to have
non-smart-phone methods of creating reservations.
I think this is going beyond the scope of what accessibility covers and I
think the companies should have the prerogative when it comes to what
methods they allow and do not allow or have and do not have for their
services, as long as, their services, and methods to obtain them therein are
completely accessible.
As for the dog issue brought up by Marion , that'll be a sticky issue for
sometime.
The main legal problem is, drivers are not employees of these companies the
way I understand it, they are independent contractors.
Lift for instance, makes it clear that they are only the method for getting
your ride and paying for it and that they do not necessarily control the
driver past the extent of their business through the app.
So I'm not exactly sure how that would work.
Also, the religious/fear issue is another complication.
I don't think this would be solved by the law, it would have to be some
company policy that changed.
The problem is this is a catch 22 since by Uber telling drivers they have no
choice but to accept guide dogs they can easily cause religious
discrimination lawsuits on themselves.
Maybe this would be fixed if these companies operated by a more standard
employment agreement in which the drivers were employees rather then
independent contractors of the company?
If that's the case though that's not going to happen since the whole point
of these apps is not to have drivers but to simply serve as the portal for
drivers and clients to connect.
Maybe if it became a requirement for you to state on your profile that you
were blind/had a dog, etc., then the app could narrow your list of possible
drivers down to those that would accept dogs?
True, that could be considered discrimination by some but that's the only
work around I'd see that would be suitable to both us as clients and the
companies involved.
Just my thoughts.
Jorge
On 3/11/15, Marion Gwizdala via Nfbf-l <nfbf-l at nfbnet.org> wrote:
> Sherri,
>
> Though you may not have had issues with Uber, many other guide &
> service dog users have. I have a message from Uber's national office
> that they train all their drivers on the ADA, but also allow drivers
> an exemption from taking service dogs if they have religious
> objections or have an allergy or fear of dogs. IMO, they cannot have
> it both ways! At the same time, if Uber were regulated as a taxi
> service - something they oppose with the argument that they are not a
> taxicab but an app - perhaps we would have some recourse when we are
> discriminated against.
>
> Marion Gwizdala
>
>
>
>
> -----Original Message-----
> From: Nfbf-l [mailto:nfbf-l-bounces at nfbnet.org] On Behalf Of Sherri
> via Nfbf-l
> Sent: Wednesday, March 11, 2015 12:28 AM
> To: nfbf-l at nfbnet.org; nfbf-Leaders at yahoogroups.com
> Subject: [Nfbf-l] {Disarmed} Fw: Stand up for Uber in Florida!
>
> Please join me in thanking Rep. Gaetz for putting forth legislation
> that Uber will stay in Florida. Uber is a wonderful ride-sharing
> service, much less expensive than cabs in my opinion. All drivers I
> have ridden with have welcomed me and my guide dog.
>
> Sherri
> --- Original Message -----
> From: Uber Florida
> To: flmom2006 at gmail.com
> Sent: Tuesday, March 10, 2015 11:51 AM
> Subject: Stand up for Uber in Florida!
>
>
>
>
>
>
>
>
>
>
>
> Hi Sherri,
>
> Today we took a first step in making
> sure that Florida remains a home for ridesharing services like Uber.
>
>
> State Rep. Matt Gaetz has championed
> HB 817,
>
> a new piece of legislation that will promote public safety, encourage
> consumer choice, and keep Uber in the Sunshine State for good.
>
> Join us in thanking Rep. Gaetz for his
> leadership on this critical issue - click below to send him a tweet
> right now!
>
>
>
>
>
>
>
>
>
>
> We still have a long way to go before
> this bill becomes law, so we'll keep you updated.
>
>
>
>
>
>
>
>
> Uber on,
>
> Team Uber Florida
>
>
>
>
>
>
> Follow Us On:
>
>
>
>
>
>
> Uber Technologies Inc. | Unsubscribe | View Online
> 1455 Market Street, San Francisco, CA 94103
>
>
>
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--
Thank you.
Jorge A. Paez
LinkedIn: http://www.linkedin.com/in/jorgeapaez
Elance page: http://jorgeapaez1994.elance.com
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