by Maurice Peret
From the Editor: In his 1976 banquet speech, Of Visions and Vultures, Dr. Jernigan begins with a parable about a king and his three sons out hunting. They stop at a tree, and he asks them what they see. The first two give examples that certainly involve what is around them, but the third son is focused on the hunt: “I see where the wings meet the body.” In our dealings with Uber and Lyft, we see where the wings meet the body when we are denied rides because of our guide dogs or on occasion when we are passed by because they see we have a cane and are uncomfortable with blindness. In this article Maurice asks us to look beyond where the wings meet the body and consider whether, as a civil rights organization, our focus should be broader. As with much of what Maurice writes, this piece does not represent current Federation policy and he does not pretend that it does. Instead he believes that it should provoke thought that may broaden the way we look at the issue of rideshare service and maybe the whole issue of the gig economy. It will be up to us to decide whether the changes we need can be met only through significant systemic change or whether we are better served to focus only on those that clearly involve blindness. Here is what he says:
During the 2022 NFB Annual Convention in New Orleans, Resolutions 2022-13 and 2022-14 addressed the ongoing challenges faced by service dog handlers when using Lyft and Uber platforms. These resolutions aimed to combat discriminatory practices against passengers who are blind or have low vision. I attentively listened to Liza Winship, representing Uber, as she read from a prepared script during the 2023 NFB Annual Convention in Houston, discussing her company's efforts to address these issues. However, my sense of worker solidarity made me uneasy when applause followed mentions of driver discipline. To my disappointment, after President Mark Riccobono announced that Winship might be available for individual discussions, she promptly exited through a side door. It became clear that neither she nor the company truly cared about the rights of blind citizens or the welfare of Uber drivers. Federation leaders have engaged in negotiations with Lyft and Uber for years, yet progress appears minimal.
Rideshare drivers are commonly categorized as contractors, devoid of employee benefits like sick leave, paid vacation, health insurance, and other worker protections. Often labeled as gig workers, many of them are immigrants, and they find themselves at the mercy of fluctuating earnings. See https://www.latimes.com/business/story/2021-07-21/uber-and-lyft-rideshare-drivers-strike-rally-for-pro-act-union
The proliferation of rideshare platforms has transformed the way non-drivers, especially those in urban or suburban areas, access transportation. Waiting for a taxi for fifteen to thirty minutes, once considered normal, now prompts frustration if my app indicates a six- or nine-minute wait. Personally, I've had overwhelmingly positive experiences, recognizing that these services extend beyond mere transportation, functioning as social platforms. I've engaged with people from diverse backgrounds worldwide, making it a habit to learn to say "thank you" in various languages. Drivers appreciate the interest in their personal, professional, and cultural experiences. I acknowledge that my experiences differ from those who use service animals, though I did so in the past.
Our approach as a civil rights organization may be misdirected. Instead of focusing solely on the ride-sharing companies, we should consider forging alliances with Lyft and Uber drivers who provide invaluable services. Discrimination against legally protected classes, such as the blind or those with low vision, is unequivocally wrong. We must also remember other protected classes, including individuals with allergies, health conditions, and religious convictions related to animals. Many Federation local chapters and affiliates have rightly adopted “fragrance” policies as inclusive and courtesy measures to minimize discomfort by those particularly sensitive.
In the close confines of a private vehicle, similar courtesy should be extended to drivers transporting service animals. Lyft and Uber should inform drivers in advance about potential passengers with service animals to prevent ride cancellations, which cause delays and inconvenience. Additionally, passengers could benefit from more information beyond driver names, vehicle descriptions, and license numbers.
While launching a public relations campaign aimed at rideshare service providers presents challenges, it is essential for our blind community to stand in solidarity with the individuals we interact with daily, rather than distant corporate administrators. See https://www.govtech.com/transportation/labor-ruling-offers-unionization-path-to-uber-lyft-drivers
WHEREAS Lyft is a rideshare company which offers automobile transportation services; and
WHEREAS, according to its own terms of service, Lyft riders cannot be discriminated against based on race, religion, or disability; and
WHEREAS, despite attempted educational efforts, service dog handlers everywhere continue to experience ongoing and flagrant discrimination by Lyft drivers when traveling with their service dogs; and
WHEREAS, these denials often result in the service dog handler being stranded in unfamiliar areas, thus compromising their safety; and
WHEREAS, these denials also result in service dog handlers being late to important medical appointments, work, or picking up their children from daycare, often leading to added monetary cost and undue stress and frustration; and
WHEREAS, the process to report a Lyft denial has become increasingly complicated due to the trip disappearing from the user’s ride history; and
WHEREAS, when service dog handlers attempt to report their denial using the Lyft platform, they are unable to provide pertinent information that will help to identify the driver accurately; and
WHEREAS, many drivers claim that allergies, religious beliefs, or their fear of dogs prevent them from transporting service dog handlers and their dogs, despite agreeing to Lyft’s driver terms of service: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization condemn and deplore Lyft’s continued discriminatory practices against service dog handlers; and
BE IT FURTHER RESOLVED that this organization demand that Lyft not remove any denied or refused trips from the rider history, and contact any person who submits a denial-of-service complaint within twenty-four hours and provide the person with confirmation that the report was received and will be addressed with due diligence; and
BE IT FURTHER RESOLVED that this organization demand that Lyft require prospective drivers to participate in mandatory service dog awareness training before being activated on its platform and that drivers be properly educated about the Americans with Disabilities Act, with an emphasis on the two questions that drivers can legally ask service dog handlers about their dogs; and
BE IT FURTHER RESOLVED that this organization demand that Lyft forbid their drivers from using allergies, religious beliefs, and fear of dogs as excuses not to transport service dog handlers and their dogs in their vehicles; and
BE IT FURTHER RESOLVED that this organization demand that Lyft permanently remove any driver from the platform who discriminates by denying service to a service dog handler.
WHEREAS, Uber is a rideshare company which offers automobile transportation services; and
WHEREAS, according to its own terms of service, Uber cannot discriminate against riders on the basis of race, religion, or disability; and
WHEREAS, despite past litigation and a settlement agreement with the National Federation of the Blind, signed by Uber in April 2016, service dog handlers everywhere continue to experience ongoing and flagrant discrimination by Uber drivers when traveling with their service dogs; and
WHEREAS, these denials of service often result in service dog handlers being stranded in unfamiliar areas, thus compromising their safety; and
WHEREAS, service dog handlers are often late to important medical appointments, work, or picking up their children from daycare, which leads to added monetary cost and undue stress and frustration when Uber drivers refuse to transport them; and
WHEREAS, the process to report an Uber denial has become increasingly complicated due to the trip disappearing from the user’s ride history; and
WHEREAS, when service dog handlers attempt to report their denial using the Uber platform, they are unable to provide pertinent information that will help to identify the driver accurately; and
WHEREAS, because Uber now offers a pet-friendly ride choice, many drivers insist that service dog handlers use this feature of Uber, which is discriminatory because service dogs are not pets and because it results in service dog handlers having to pay more for rides; and
WHEREAS, many drivers claim that allergies, religious beliefs, or their fear of dogs prevent them from transporting service dog handlers and their dogs, despite agreeing to the terms of service of Uber: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization condemn and deplore Uber’s continued discriminatory practices against service dog handlers; and
BE IT FURTHER RESOLVED that this organization demand that Uber not remove any denied or refused trips from the rider history, and contact any person who submits a denial-of-service complaint within twenty-four hours and provide the person with confirmation that the report was received and will be addressed with due diligence; and
BE IT FURTHER RESOLVED that this organization demand that Uber require prospective drivers to participate in mandatory service dog awareness training before being activated on its platform and that drivers be properly educated about the Americans with Disabilities Act, with an emphasis on the two questions they can legally ask service dog handlers about their dogs; and
BE IT FURTHER RESOLVED that this organization demand that Uber forbid their drivers from using allergies, religious beliefs, and fear of dogs as excuses not to transport service dog handlers and their dogs in their vehicles; and
BE IT FURTHER RESOLVED that this organization demand that Uber permanently remove any driver from the platform who discriminates by denying service to a service dog handler.