[nfbwatlk] Discrimination on Metro bus

[Cindy]

Hi, thank you for all the support and show media Chers.  We interviewed with the reporter in the story will most likely air tomorrow so we will be sure and share a link. Hopefully the story will accurately portray the situation and shed a positive light about blindness and the need for better driver education. To clarify, we were told that the ADA section was full thus  we needed to get on the bus behind him. As we proceeded to board the bus, I sensed that it was quite empty. We were told the same line that the ADA section was full several times and each time the drivers voice escalated and became more aggressive. After he said it about four times, Mike asked if the entire bus was full. The driver said that it was full. At this point, we chose  to  exit the bus and boarded the one behind it and had a very positive experience.

Cindy Bennett
1st Year Ph.D. Student, Human Centered Design and Engineering
University of Washington

clb5590 at gmail.com

> On Dec 28, 2014, at 10:13 PM, Mike Freeman via nfbwatlk <nfbwatlk at nfbnet.org> wrote:
> 
> 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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