I have lived as a blind adult for almost 50 years, and for 90% of those years I only used a white cane. A significant part of the reason I chose not to use a dog guide sooner was social factors. Yes, a guide dog is emotional support; yes, a guide dog does improve social presence; but most importantly a guide dog improves mobility and that is what matters in this discussion. If I am denied the use of my dog guide because someone doesn’t like dogs, I am being handicapped by their prejudice. It is incredible to use a dog and move around quickly and comfortably. Yes, there are some nuisances that go with the lifestyle, but the benefits far exceed the drawbacks—in other words, I am happier and more self sufficient with Paulette by my side. Yet, some feel that their rights allow them to discriminate against me because of my lifestyle choice.
Many handlers have had difficulty with Uber and Lyft. There were those who objected to the social presence of dogs before rideshare existed; however in the rideshare paradigm, law, not personal preference determines what will happen. https://nfb.org/images/nfb/publications/bm/bm95/brlm9510.htm#1 The linked article from Dr. Jernigan expresses this view articulately. I don’t accept his view but I must admit it’s well stated.
I have heard that many potential dog guide users are reluctant to move forward because of anxiety about rideshare services. How unfortunate!
As a simple matter of law, rideshare drivers may not reject a guide dog user. When they do so, they are breaking the law. As handlers, we have not written the law, our job is to live within it. Rideshare drivers have the same obligation, follow the law! When they fail to follow the law, we as handlers need to first educate, and then insist.
The first few times I was rejected by a rideshare driver I was so caught off guard that I did not respond appropriately. However, after approximately five rejections and an incredibly insulting offer from the rideshare company (the offer of a $20 dollar credit and concern about safety) I recognized that the rideshare companies aren’t going to take any responsibility for enforcing the law.
If the owner of a private vehicle does not want my dog guide in their car that is their right, but as soon as they sign up to drive for a rideshare service, they lose the right to say no to my guide dog. The Department of Justice is interested in this issue, but frankly, filing the necessary reports is more than a nuisance, for some of us it is extremely difficult (https://www.justice.gov/action-center/report-crime-or-submit-complaint). I am not interested in a fruitless discussion of the challenge, I am interested in results.
I had an experience recently that informs my response to obstreperous rideshare drivers going forward.
I ordered a Lyft. I got the notice on my phone that the vehicle was present. I called the driver from within the rideshare app and said, “You will need to find me. I am using a black lab guide dog.” The driver responded, “That is a big dog and this is a little car.” Clearly, the driver did not want my dog in his car. This time I was ready. I responded, “You have all the power here. I cannot see you, but if you do not pick me up I will complain to the rideshare company.” The driver did indeed pick me up and we had a productive conversation about the issue. Ultimately, he recognized that I was in the right. I think part of the reason this worked is that I put the power in his hands, indicating that he had the ability to drive away; however, I also let him know there would be negative consequences for him if he discriminated against me.
One of our members recently won an arbitration with one of the rideshare companies. His case was not about rejection, rather it was a driver who tried to charge him a fee because the driver found a dog hair on the floor of his vehicle. That driver probably didn’t want to have the dog in his vehicle but he knew he couldn’t say no to that customer, so he created a bogus charge to express his displeasure with carrying the dog. Suppose a customer left an empty Starbucks cup in his vehicle, would he have tried to penalize that coffee drinker? We should make it known to other members that this arbitration resolution has happened and that we intend to pursue every legal remedy to resolve this problem when rideshare drivers treat us shabbily.
No one in America is required to drive for a rideshare company. When they make that choice they take on the obligation of carrying my guide dog. It is my right, and if I fail to insist on it out of politeness I am doing a disservice to other dog handlers.
One of the meetings early in 2024 will be dedicated to this subject. I am hoping that we will have an attorney present who can help us understand our legal rights and remedies. If any member wants to contribute to the planning of this meeting, please let me know.