[WesternWayneMI] FYI

Tue Jul 25 14:29:09 UTC 2023

Hi Marcus,

I just had a look at this article, and am curious as to the context behind
it. Also, I am curious to know how old it actually is? Did you find it in
something like the Braille monitor?

Thanks and take care,

Ather

From: WesternWayneMI <westernwaynemi-bounces at nfbnet.org> On Behalf Of ceo---
via WesternWayneMI
Sent: Tuesday, July 25, 2023 8:19 AM
To: WesternWayneMI at nfbnet.org
Cc: ceo at simmonsbosscreations.com
Subject: [WesternWayneMI] FYI

A persistent problem we face is the denial by rideshare drivers who refuse
to transport us because of our guide dogs and, sometimes, even just because
we are blind people. For years I have reported to you about our attempts to
get sustained changes at these companies, as well as our growing
frustration. Following last year's convention where we passed resolutions
calling out both Lyft and Uber, we redoubled our efforts to make progress.
Over the course of several meetings with each company, we have slowly
realized some progress in ensuring that guide dog users are treated fairly
with dignity and respect, but there is still much work to do.

Denials are experienced by blind people daily, and, unfortunately, the media
gives them little coverage, and the companies give little information about
the results of our complaints. One recent high-profile incident involved
Judge David Tatel, a senior judge at the US Court of Appeals in Washington,
DC, being denied a ride with Lyft because of his guide dog. Judge Tatel's
experience was documented in The Washington Post on April 20, 2023. Another
interesting incident happened in March 2023-interesting because I was there.
Gary Wunder, editor of the Braille Monitor, and I were with our colleague,
Danielle McCann, who uses a guide dog. We called an Uber to take us back to
the national office after participating in an extremely positive meeting
with Federation partners. The joy from the meeting ended when the Uber
arrived. Within seconds of his arrival, the driver made it clear he would
not take us because of the guide dog. He left his doors locked and spoke to
us through the passenger window. Faced with this discrimination, we would
not let him refuse this chance for education. I began recording a video on
my phone while talking politely with the driver about his understanding of
the Uber policy. He made it clear: he was not afraid of what Uber would do.
Meanwhile, and I am not recommending this to you, Gary stood in front of the
car. The driver attempted on a number of occasions to get Gary to stand down
by using his car to push him out of the way. Gary stood strong in his
resistance of the discrimination and was not hurt. Once I completed my
conversation, we stood aside and let the driver leave. We sent the video and
our account of the incident to Uber, and they took appropriate action. They
have even, for the first time, sent a prominent executive to address our
concerns at this convention. To Lyft and Uber we say that it should not take
this extreme level of evidence or the profile of a federal judge to get your
action on these issues. This is happening to blind people every day, and it
must stop immediately. We demand that both of these companies uphold their
responsibilities under the Americans with Disabilities Act and deliver equal
treatment to our community. We will not stand down. We will use all the
tools at our disposal to make this happen. We will continue to document the
discrimination. We will report incidents to local law enforcement. We will
demand that the United States Department of Justice use the full power of
its authority to protect our people. We will even bring our guide dogs to
your offices to disrupt your business if we must.

Similar problems are on the rise in airports across the nation where we have
been encountering low expectations from officials of the Transportation
Security Administration (TSA) and the airlines. There is an increased trend
of guide-dog users being accosted and, in some cases, denied boarding of
their flight by airline personnel who refuse to transport their guide dog.
Blind people have been using guide dogs in this country just about as long
as commercial airline flights have been widely offered. There is no
justification for the harassment, and we will not permit it to continue. In
April, members of the National Federation of the Blind held a meeting with
officials of the United States Department of Transportation to discuss our
ongoing concerns and seek federal intervention. We expect to make meaningful
progress during the coming year. Deep in the heart of the Federation is a
determination to stand our ground for equal treatment-a determination that
will not be driven from us.

The federal government can be an important factor in enforcing our rights,
but the government itself systemically discriminates against us. The most
glaring discrimination happens in the lack of implementation and enforcement
of Section 508 of the Rehabilitation Act of 1973. This law requires federal
agencies to make their electronic and information technology, including
their public and internal systems, accessible to people with disabilities.
Typically, when blind federal employees face barriers and file complaints,
they go unaddressed for years and sometimes decades.

Joe Orozco, a leader from our Virginia affiliate, has been working as an
intelligence analyst for the Federal Bureau of Investigation since 2012.
Over his career he has observed his employer procure several technologies
that are inaccessible to the blind. Joe needs to be able to efficiently use
these technologies to maximize his contributions to the mission of the
agency. He wants to take on the same challenging assignments and range of
tasks available to others on his team. For years, he faithfully navigated
the reasonable accommodations process and advocated tirelessly within his
agency hoping that the government would meet both the spirit and the
requirements of Section 508. After years of patience and unanswered
administrative complaints, Joe courageously brought suit in federal court to
order the agency to comply with the law.

The trial judge dismissed Joe's case-echoing a series of flawed decisions
from other trial court's ruling that federal employees have no right to sue
their federal employers under Section 508. With the support of the National
Federation of the Blind, Joe stood his ground and appealed the decision. A
panel of judges of the Court of Appeals for the District of Columbia Circuit
agreed with our arguments and, in a landmark decision, reversed the trial
judge. This sets a strong precedent reversing the tide of flawed opinions.
We have reclaimed the right of blind and otherwise disabled federal
employees and members of the public to directly sue federal agencies for
their continued discrimination through use of inaccessible electronic
information technology.

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