[nfbwatlk] Discrimination on Metro bus

[Mike Freeman]

Mary Ellen:

Right you are!

However, in searching the Americans with Disabilities Act, I find that the
prohibition against requiring a person with a disability to use special
accommodations, programs or services if the person does not desire them
seems to apply to Title III -- Prohibition Against Discrimination in the
Provision of public accommodations, programs or services by private entities
-- unless by court ruling or DOJ regulation this provision is construed to
apply to title II also (which is the title covering public entities such as
Metro). Certainly, the provision referred to above is violated. But if it
applies only to title III entities, I think we're going to have to argue
that Mike and Cindy were discriminated against because they were deprived of
the service (the bus ride) per se rather than arguing that they were being
forced to accept services that were separate or different.

We might want to ask Megan Sidhou about this.

In any case, Marci, I can point you at the relevant United States Code
provisions where the law resides if you need them.

Mike Freeman


-----Original Message-----
From: nfbwatlk [mailto:nfbwatlk-bounces at nfbnet.org] On Behalf Of Mary ellen
via nfbwatlk
Sent: Sunday, December 28, 2014 9:43 PM
To: 'Marci Carpenter'; 'NFB of Washington Talk Mailing List'
Subject: Re: [nfbwatlk] Discrimination on Metro bus

Once again we have proof that the NFB was wise to insist that we not be
forced to take accommodations.  I'm so sorry that Cindy and Mike had to face
such a publicly humiliating incident.  I know how firmly the two of them,
along with everybody else in the NFB of Washington, will resist such
treatment.

It reminds me of the incident Terry McManus faced and Dr. Jernigan described
in a banquet speech.  There's still much to do.

-----Original Message-----
From: nfbwatlk [mailto:nfbwatlk-bounces at nfbnet.org] On Behalf Of Marci
Carpenter via nfbwatlk
Sent: Sunday, December 28, 2014 5:55 PM
To: NFB of Washington Talk Mailing List
Subject: [nfbwatlk] Discrimination on Metro bus

BREAKING NEWS - SEATTLE: Today around 1:25 pm Mike Mello and Cindy Bennett
were denied entrance onto a Metro bus. As they began to board the driver
said, loudly, "My ADA section is full". They stated that they did not
require seats in the front to the bus. The driver kept repeating his
statement louder each time until he was yelling at them. they asked if his
entire bus was full. He eventually said that it was, but they know this
wasn't true since Cindy was already inside and could tell there were no
people standing near the front. They eventually left and caught another bus
home. It was a disturbing encounter and a clear case of discrimination. The
law does not require that blind people sit near the front. It simply says
that they are allowed to do so. These 2 blind people are in their 20's and
30's and are perfectly capable of finding other seats or standing; they are
frequent transit riders and have never experienced anything so harsh and
degrading. They have filed complaints with Metro. I have also done so as the
President of the National Federation of the Blind of Washington. We want the
public to know about this. I have also contacted local media to educate the
public about this issue. We will not allow this to go on. If you would like
to discuss this with me please feel free to call or email me.
Marci Carpenter, President
National Federation of the Blind
of Washington
mjc59 at comcast.net
206-604-5507
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