[Nfbf-l] {Disarmed} Fw: Stand up for Uber in Florida!

Fri Mar 13 13:15:15 UTC 2015

I have never used but I've heard great things about

Sent from my iPad

> On Mar 12, 2015, at 8:44 AM, Marion Gwizdala via Nfbf-l <nfbf-l at nfbnet.org> wrote:
> 
> 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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>> 
>> 
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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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