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March 1994 |
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March 1994 |
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Train, bus, taxi or light rail: all fall within the coverage of Title II of the ADA (Americans with Disabilities Act). They must be accessible. Amtrack, the Friendly skies, and most major transportation companies have recognized the necessity of accommodating passengers (read: customers) with disabilities, and most now have national programs designed not only to accommodate, but to market their services to potential buyers who happen to have disabilities. Numerous suits have established the parameters of access to public transportation. Nonetheless, private operators at the local level may still be in the dark ages, as this Jurassic Taxi saga relates...
Bill Lee, a frequent visitor to Las Vegas, was denied carriage in a taxi. Lee, who was in Vegas last June for a RESNA (an interdisciplinary association for the advancement of rehabilitation and assistive technologies) Convention. has cerebral palsy and uses a wheelchair. He likes to gamble.
Having completed a consultation with Holiday Inn and Casino (the seminar hotel) staff, regarding hotel accessibility, Lee had some spare time before registration for a seminar that evening. He chose to spend the rest of the afternoon at the casino or of his choice downtown, but hadn't counted on starting before he arrived at the playing tables. Nonetheless, he played the hand...and won! Here's how it all came down:
The doorman at the Holiday Inn assisted Bill in hailing the next cab in the queue. As the driver saw Lee approach the cab, the driver exploded into a tirade of insults and insinuations. He stormed, "Who is going to take care of him?"; "Does he have money to pay me?"; "Can he get out by himself?"
The scene generated by the driver was so loud that it drew the attention of the hotel's assistant manager, as well as a crowd. Finally, Lee moved away from the cab, but the manager took the driver's name from his ID placard. The next cab in line took Lee to his destination with no problems.
Ever resourceful, and never one to drop a hot potato, Lee contacted a friend with a law practice in Las Vegas the following day. He wanted to find out what legal recourse might be available to resolve the problem, involving not only the individual driver, but also the company for whom he worked. Lee decided to file a complaint with the Taxi Cab Authority. The Holiday Inn and Casino's administration backed Lee, adding the hotel to the complaint. This intense, prompt, and legal action resulted in a $50.00 net fine levied against the driver. Lee was not amused.
Neither Lee nor his lawyer believed the fine was sufficient. They pushed to find another route by which they could find satisfaction. The law firm's clout with the Nevada legislature helped to open some doors.
Well before the next year's RESNA convention (to be held in Nashville, this June) a Nevada state law was passed requiring training for every employee of every transportation company doing business within the state. The training would aid the employees in dealing appropriately and with regard to the legal rights of situations involving customers with disabilities.
At the same time, Lee filed suit against both the driver and the company asking for compensatory damages, citing deliberate negligence of the driver.
In early November, 1993, an arbitrator awarded Lee damages. He plans to use the money to help finance the development of the training courses required by the new law.
Lee's lawyers recommended not to bring suit under the ADA, although he could have chosen that option. In many cases, local laws and ordinances are far more stringent, or at least more specific, than the ADA, rendering, in some instances, a better legal position for a favorable and speedy resolution. Very simply, according to Lee, taxi-cabs are "for hire" transportation. They provide a service to the public. They are licensed and regulated by a government agency to make sure the drivers meet minimum qualifications and the vehicles used meet minimum safety standards.
The carrying of passengers is also regulated. With few exceptions, when a driver is "on duty", and not already hired, the driver is obligated to pick up anyone indicating a desire to use the cab. For specific legal advice, and to find out which local laws may pertain to a transportation question, contact the Maryland Disability Law Center between 10:00 a.m. and 12:00 noon at 410- 235-4700, or your own lawyer.
Although private entities are subject to enforcement by the Department of Justice, whether or not they receive federal financial assistance (ADA section 37.11), recourse can be found outside the Act.
According to Richard Guthridge of the Maryland Public Service Commission, in Maryland there are no overarching regulations other than those of the ADA.
Individual jurisdictions usually have their own regulations and modes of recourse for those who feel they have been discriminated against. Complaints should be taken to a county official.
However, if the taxi service is provided in Baltimore City, Baltimore County, Cumberland or Hagerstown, it is regulated under the Maryland Public Service Commission and is subject to Code of Maryland Regulations in the annotated Code of Maryland. In this case, complaints should be taken to the Maryland Public Service Commission.
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