Imagine waiting for a rideshare driver to arrive, knowing they might pull up to the curb just to cancel the ride and drive away. It’s a scenario that wheelchair users and service dog handlers know all too well. Of the 185 guide dog handlers surveyed by Guide Dogs for the Blind, 83 percent reported being denied rides. The problem is so pervasive that the Department of Justice (DOJ) has filed a lawsuit against Uber for violating the Americans with Disabilities Act (ADA).
The $125 million lawsuit is seeking financial compensation for disabled riders who have filed discrimination complaints with either Uber or the DOJ. But more than that, the suit is also aimed at ending the violations via a court order that will require Uber’s training and policies to line up with the ADA’s service dog protections for transportation.
Equitable access to transportation affects everyone in the disability community, whether or not we have a service dog or use a mobility device. Failure to enforce the ADA in one situation can bleed into other areas. Writers like myself are often denied much needed accommodations, such as those that would ease symptoms of my invisible physical disabilities and support me as an autistic.
I spoke with Kirsten French, the manager of community education and advocacy at Guide Dogs for the Blind. A guide dog handler herself, she knows all too well what it’s like to have her ADA rights violated by rideshare drivers. She uses the service to get to work, the airport, social events, and even tandem bike rides. “I travel with my guide dog all the time, because she is my access point to the world, and she is important for mobility and enabling me to do my job most fully and live my life most fully and have the same equitable access that others have,” she said.
But, depending on the area, French estimated that she’s denied rides anywhere from 25 to 75 percent of the time. And once she does get a ride? The driver is often suspicious and angry, which makes her feel unsafe. I think many people with disabilities relate to the choice between safety and inclusion. Many of us, particularly those of us with invisible disabilities, avoid using available accommodations for fear of backlash. For example, instead of claiming a shuttle seat reserved for people with disabilities, I’ll stand in a cramped corner and deal with the spike in chronic pain rather than risk a confrontation. For people like Kirsten French, whose guide dog cannot be hidden, without the enforcement of her ADA rights her access to transportation is determined by the judgements of her driver on each and every trip.
French admits that sometimes she reconsiders social events because she is worried about getting stranded. Similarly, 27 percent of the guide dog handlers surveyed said that they had reduced their social activities due to their experiences with rideshare denials.
And it’s not just their social lives that are being harmed, guide dog handlers are suffering financially and psychologically as well. They’re missing flights, job interviews, doctor’s appointments, and work. As a result, they’re being denied access to the type of full life that everyone deserves to live. 46 percent of respondents reported psychological repercussions, including stress, anxiety, degradation, abuse and more.
“Rideshare has the ability to change the lives of blind people. Indeed, it has made my life easier in many ways,” one respondent is quoted as saying, “but, denial of services has made me late for work, job interviews, doctors appointments, meetings and recreational activity. It is humiliating and demoralizing.”
For French and other handlers, worrying about ride denials and mistreatment takes away from what they should be focused on—whether it’s an important meeting or a doctor’s appointment. Having to defend the right to bring a guide dog adds an extra layer of stress to already stressful situations. French is hopeful that the DOJ lawsuit will lead to better ADA compliance through improved driver onboarding and ongoing education. She encourages guide dog handlers to continue reporting discrimination. For those who are being denied their most basic rights through unfair ADA violations, this lawsuit is an opportunity for equity.
Riya Anne Polcastro is an author, photographer and adventurer based out of Baja California Sur, México. She enjoys writing just about anything, from gritty, transgressive fiction to social justice and environmental issues.
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