Category: Latest News

Dear GDUI Members and Friends,

Willow and I arrived home from the ACB and GDUI Conventions late on Friday night. After many hours of sleeping soundly under a table at Thursday’s ACB general session and a five-plus hour airplane ride the next day, Willow is all rested up after the many GDUI events we attended together and eager to play with her new favorite ball from the GDUI Suite! I, on the other hand, am still recovering! But with so many wonderful memories and so much gratitude for everyone in GDUI who shares responsibility for a fantastic convention, I am feeling fine.

I am writing tonight to remind all of you about a fund-raising opportunity that will be fun and appealing for you and good for GDUI, too! Amazon.com’s third-annual Prime Day is on Tuesday, July 11, and will feature more than 100,000 deals exclusively for Prime members, making it one of the biggest shopping days of the year. Because of GDUI’s ‘smiling relationship with Amazon.com, all of that shopping can be good for GDUI as well! Whenever you shop at smile.amazon.com, Amazon will donate to Guide Dog Users Inc.

When you #StartWithaSmile on #PrimeDay, Amazon.com donates to Guide Dog Users Inc. Shop for great deals at smile.amazon.com/ch/52-1871119.

Advocacy is important, but advocacy doesn’t come free of charge! There are phone calls to make and to hear, meetings to attend, letters to write. Even though our Advocacy and Legislative Committee is led and staffed by dedicated volunteers, there are still expenses associated with helping guide dog users make their cases for equality and civil rights, and persuading business owners, government administrators, and legislators about the importance of those civil rights.

We strive to improve our web site all of the time. Recently, GuideDogUsersInc.org was an important source of information about our fantastic convention. None of those postings came free of charge! And, soon, we’ll be adding the recordings from our GDUI 2017 convention to our web site, as well!

PawTracks is a magazine that informs, entertains, and allows members and friends to discuss all of those guide dog-related issues that need attention. One of our most significant expenses during a year is for the production and distribution of our quarterly magazine!

And, of course you know already that our universally accessible voting system costs $5.00 for every member eligible to vote.

I am hoping to encourage all of you to use the Smile Shopping Portal tomorrow when you check out all of those amazing Prime Day deals! Have fun shopping, and thanks for allowing GDUI to benefit from your purchasing power as well!

Sincerely,

Penny Reeder, President

Guide Dog Users, Inc.

Deanna Noriega, First Vice President

Guide Dog Users, Inc.

mailto:vp1@GuideDogUsersInc.org

GDUI Website: http://www.guidedogusersinc.org/

Call us, toll-free, at  866.799.8436

Like and visit us on Facebook: https://www.facebook.com/GDUInc

Follow us at Twitter: @GDUInc

Enjoy the GDUI Juno Report on ACB Radio Mainstream, at8:00 p.m., EST, every Friday of every month, here: http://www.acbradio.org/mainstream.

Download or subscribe to the GDUI Juno Report pod cast here: http://acbradio.org/gdr.xml or search for the GDUI Juno Report on ITunes.

Support GDUI when you use this link to shop at Amazon.com: http://smile.amazon.com/ch/52-1871119.

To join the GDUI-Announce List, visit this link: https://guidedogusersinc.org/join/.

To subscribe to the GDUI Chat list, visit this link: gduichatlist-subscribe@guidedogusersinc.org

To subscribe to the (members only) GDUI Business list, visit this link:

businesslist-subscribe@guidedogusersinc.org

A recording of each GDUI announcement is available here: 712.432.1281. Enter the Access Code 488062 followed by the number sign. When prompted, enter the Reference Code, No. 1. The recording will remain available until it is replaced by a recording of the next GDUI Announcement. Please share this information with friends who may not have access to the internet. Thank you. We look forward to sharing information with all of our GDUI members and friends.

This is what Discrimination against a guide dog user who is flying with her guide dog sounds like! Check out Jonathan Mosen’s weekly podcast, The Blind Side, for this week, in which Jonathan interviews Sue Martin about her horrendous experience on March 1, of being bullied, refused appropriate seating, and forced to leave a plane about to take off on a flight for which she had purchased a ticket. Also interviewed, Penny Reeder, President of Guide Dog Users, Inc.

Here’s the link: https://soundcloud.com/theblindsidepodcast/episode26
And, here’s a link to a helpful resource for knowing your rights as a person with disabilities when traveling by air in, to, or from the USA: https://www.transportation.gov/airconsumer/passengers-disabilities

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT
ATTENTION: ALL BLIND OR VISUALLY DISABLED INDIVIDUALS WHO USE SERVICE ANIMALS WHEN TRAVELING AND WHO HAVE USED, ATTEMPTED TO USE, OR HAVE BEEN DETERRED FROM USING TRANSPORTATION SERVICES ARRANGED THROUGH THE UBER RIDER APP. THE SETTLEMENT DESCRIBED BELOW MAY AFFECT YOUR RIGHTS. READ THIS NOTICE AND INSTRUCTIONS CAREFULLY.

This notice is to inform you about the proposed settlement that would resolve the class action lawsuit National Federation of the Blind of California, et al. v. Uber Technologies, Inc., Case No. 3:14-cv-4086 (N.D. Cal.). The lawsuit alleges that Uber Technologies, Inc. and its subsidiary and affiliate entities (collectively, “Uber”), violated the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq., by failing to take the necessary steps to ensure that transportation providers using the Uber mobile software application (“Drivers”) do not discriminate against blind or visually disabled riders who travel with service animals (“Riders”). Uber denies all liability in the case and asserts that its current practices do not violate applicable federal, state, and local law. The settlement, which must be approved by the Court, would resolve the lawsuit.

I. SUMMARY OF THE PROPOSED SETTLEMENT
Under the settlement, Uber agrees to take additional steps to inform Drivers of their obligations to transport all Riders. Uber will require that new and existing Drivers expressly confirm that they understand and agree to these obligations, through a pop-up interactive questionnaire in the Driver mobile software application and changes to the technology services agreement. In addition, Uber will send quarterly email reminders to Drivers.

Uber will also adopt a new enforcement practice. If, following a complaint from a Rider, Uber determines that a driver knowingly refused to transport a Rider because the Rider was traveling with a service animal, Uber will terminate that Driver’s contract and permanently remove the Driver from the Driver platform. In addition, if Uber receives plausible complaints on more than one occasion that a Driver denied service to a Rider because the Rider was traveling with a service animal, Uber will terminate the Driver’s contract and the Driver will be permanently removed from the Driver platform. This second basis for contract termination will apply where Uber was unable to determine whether the first denial was a knowing violation.

Under the settlement, Uber will also enhance its response system for complaints that a Driver denied service to a Rider because the Rider was traveling with a service animal, and will provide greater transparency to Riders regarding what action has been taken in response to a complaint about a Driver. Uber will also limit the circumstances in which a Rider can be charged for cleaning issues related to his or her service animal.

Additionally, Uber will record each allegation that a Driver is alleged to have denied service to a Rider, or otherwise discriminated against a Rider, because the Rider was traveling with a service animal, and will report aggregated data to Class Counsel. The National Federation of the Blind and its California affiliate will administer a testing program, through which blind individuals request and take trips to evaluate the effectiveness of the settlement. A third-party individual will monitor Uber’s compliance with the settlement as well.

The settlement also provides that the three named individual plaintiffs who served as class representatives will receive payments of $15,000 each in return for their release of their individual damage claims. In addition, the National Federation of the Blind will receive three annual payments of $75,000 during the term of the settlement, and a fourth payment of $75,000 if the term of the settlement is extended. These payments are intended to support the Federation’s testing program.

Finally, Disability Rights Advocates, Rosen, Bien, Galvan & Grunfeld LLP, and TRE Legal Practice (collectively, “Class Counsel”), the attorneys who represent the class, will have the right to seek attorneys’ fees and costs for their work on the case. Class Counsel will file a motion asking the Court to award reasonable fees and costs for work on the merits phase of this case. The Court must approve the amount awarded even if the parties reach an agreement on the amount. This motion for fees and costs will be available on www.nfb-serviceanimal-settlement.com on September 21, 2016. Class Counsel will also be entitled to seek reasonable fees and costs for their future work monitoring compliance with the settlement and enforcing the agreement. Uber retains the right to contest the amount of any attorneys’ fees requested by Class Counsel.

II. WHO IS IN THE CLASS?
All blind or visually disabled individuals nationwide who travel with the assistance of service animals and who have used, attempted to use, or been deterred from attempting to use transportation arranged through the Uber rider app.

III. THE EFFECT OF THE SETTLEMENT ON THE RIGHTS OF CLASS MEMBERS
All class members will be bound by the terms of the settlement relating to access to transportation services arranged using the Uber app for blind or visually disabled persons who use service animals, if the settlement agreement is approved by the Court. If the settlement is approved, all class members will release and forever discharge all claims for injunctive relief under all federal, state, and local laws related to alleged discrimination by Uber against blind or visually disabled persons who use service animals that arose before the Settlement Agreement becomes effective. Class members, other than the named plaintiffs in the lawsuit, are not releasing any claims for monetary damages.

IV. OBJECTING TO THE SETTLEMENT
You can ask the Court to deny approval of this settlement by filing an objection with the Court. You cannot ask the Court to order a different settlement; the Court can only approve or deny this proposed settlement. If the Court denies approval, any settlement changes necessary for approval may not be made, and the lawsuit may continue. If this is what you want to happen, you must object.
If you wish to object to the proposed settlement you must object to the proposed settlement in writing. You may also appear at the fairness hearing for final approval of the settlement, either in person or through your own attorney. But if you wish to appear and present your objection orally at the fairness hearing, you must first submit a written objection and in your written objection you must indicate your intention to appear and be heard at the fairness hearing. If you appear through your own attorney, you are responsible for paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number, National Federation of the Blind of California, et al. v. Uber Technologies, Inc., et al., Case No. 3:14-cv-4086 (N.D. Cal.), (b) be submitted to the Court either by mailing them to the Clerk of the Court for the United States District Court for the Northern District of California, 280 South 1st Street, Room 2112, San Jose, CA 95113, or by filing them in person at any location of the United States District Court for the Northern District of California, and (c) be received on or before October 13, 2016.

V. FURTHER INFORMATION
This notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the settlement agreement available at www.nfb-serviceanimal-settlement.com, contact Class Counsel using the information below, access the Court docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or visit the office of the Clerk of the Court for the United States District Court for the Northern District of California, 280 South 1st Street, Room 2112, San Jose, CA 95113, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
To obtain a copy of this notice in alternate accessible formats, contact Class Counsel using the information below.

VI. CONTACT INFORMATION
Please do not contact the Court, the Court clerk’s office, or Defense Counsel with questions about this settlement. Any questions must be directed to Class Counsel at the numbers and addresses below.

Class Counsel:

Laurence Paradis
Disability Rights Advocates
2001 Center Street, Fourth Floor
Berkeley, CA 94704
(510) 665-8644

Timothy Elder, Esq.
TRE Legal Practice
4226 Castanos Street
Fremont, California 94536
(410) 415-3493

Michael Bien
Rosen Bien Galvan & Grunfeld LLP
50 Fremont Street, 19th Floor
San Francisco, California 94105-2235
(415) 433-6830

American Council of the Blind Reaches Agreement with DC Taxi Companies to Enhance Accessibility of Street-Hail Service for Blind Individuals with Service Dogs

Contact:

Matthew Handley, Director of Litigation, Washington Lawyers’ Committee
matthew_handley@washlaw.org; 202-319-1000

Eric Bridges, Executive Director, American Council of the Blind
ebridges@acb.org; 202-467-5081

Matthew MacLean, Partner, Pillsbury Winthrop Shaw Pittman LLP, matthew.maclean@pillsburylaw.com; 202-663-8183

WASHINGTON, DC (June 21, 2016) – Four DC taxi companies: Yellow Cab Company of DC, Inc., Grand Cab Company, Elite Cab Association, and Pleasant Taxi Club LLC have reached an agreement with the American Council of the Blind (“ACB”), a civil rights advocacy organization for the blind, to carry out an Accessibility Initiative to ensure that blind and visually-impaired individuals accompanied by service animals have full and equal access to taxi services in the District of Columbia, including street-hailed taxicab services. Together, these four companies represent more than one-fifth of the taxicabs in DC.

The Accessibility Initiative, pioneered by these four companies, is available for any DC taxicab company or driver wishing to voluntarily promote equal access for a contribution of only $15 per cab. As part of this Accessibility Initiative, the taxi companies have agreed to collaborate with ACB and contribute to a testing fund overseen and administered by ACB. ACB will monitor learning, education effectiveness, and compliance by associated drivers with their legal obligations to provide street-hail taxicab services in DC. Contributions to the Accessibility Initiative will be used to fund this monitoring and a third-party testing program to ensure that blind and visually-impaired individuals with service animals are successfully able to hail taxis on DC streets. Those contributing to this testing fund and agreeing to the Accessibility Initiative will be notified of any complaints and given feedback on their drivers’ performance. The Accessibility Initiative also protects signatory drivers and taxicab companies with a commitment to resolve complaints against participating taxicabs without formal litigation.

As part of their mutual goal of promoting equal access to taxicab services in DC, all four companies have agreed to develop and implement a model Non-Discrimination Policy that accompanies the Accessibility Initiative. The Accessibility Initiative requires each signatory to incorporate such a policy into its association licensing agreements with its drivers when signing new drivers or renewing agreements, and to distribute the policy to all existing drivers. The Non-Discrimination Policy will make it clear that a driver may not assume that an animal accompanying a passenger is not a service animal. All drivers who do not have a valid medical exemption will be required to always stop to provide service to a passenger accompanied by a dog and hailing a taxi, or inquire whether the dog is a service animal where not obvious. The Non-Discrimination Policy also specifies that the taxicab company will promptly investigate any complaints it receives regarding any discriminatory conduct by its associated drivers, and discipline any associated driver who has proven to have engaged in a violation of the policy. Such discipline will include training of the driver on the Non-Discrimination Policy, suspension, reporting the driver to the DC Taxicab Commission (“DCTC”), and terminating the driver’s association with the company.

Additionally, in a joint letter, Grand Cab, Yellow Cab, Elite Cab, and Pleasant Taxi recommended needed changes to DCTC policies and rules to promote and safely provide street-hail taxi services in DC to the visually-impaired. DCTC will now provide disability sensitivity training to new and renewing licensed taxicab vehicle operators and has implemented a disability sensitivity training module.

Eric Bridges, Executive Director of the ACB, stated: “We are encouraged that these four taxi companies are willing to work with us to promote equal access to taxicab services in the District of Columbia. We hope that other cab companies in the District will join this Accessibility Initiative and contribute to the testing fund in order to become the gold standard for taxi service in DC, including street-hailed taxis.”

Matthew Handley, Director of Litigation at the Washington Lawyers’ Committee, said: “Public transportation, including taxi services, should be available and accessible to everyone, including persons with disabilities who use service dogs. We are pleased that we were able to come together to implement this Accessibility Initiative in the District of Columbia. We are also pleased with the jointly recommended changes to the Taxi Commission’s policies and regulations, which will apply to all DC taxicab companies and set the standard for equal access.”

Matthew MacLean, Partner at Pillsbury Winthrop Shaw Pittman LLP, added: “Launching the Accessibility Initiative through the American Council of the Blind is a great accomplishment. This program has the tools to create meaningful change in the accessibility policies of taxicab providers in DC, and is an opportunity for companies to engage in a constructive program to ensure the rights of taxi passengers relying on service animals are understood and respected.”

ABOUT THE WASHINGTON LAWYERS’ COMMITTEE: Since 1968, the Washington Lawyers’ Committee has represented individuals and groups seeking to vindicate their civil rights, handling thousands of civil rights cases in employment, housing, public accommodations, and other aspects of urban life. The Committee represents people with claims of discrimination based on race, gender, national origin, disability, age, religion, sexual orientation, and veteran’s status. The Committee’s litigation efforts have become nationally known for landmark court victories, record judgments, and precedent-setting consent decrees. For more information, contact: Washington Lawyers’ Committee for Civil Rights and Urban Affairs, 11 Dupont Circle, NW, Suite 400, Washington, DC 20036; phone (202) 319-1000; fax (202) 319-1010; or see:www.washlaw.org.

ABOUT AMERICAN COUNCIL OF THE BLIND: The American Council of the Blind is the largest consumer-based organization of blind and visually impaired Americans advocating for the rights of blind Americans. Comprised of more than 70 affiliates across the United States, the organization is dedicated to making it possible for blind and visually impaired Americans to participate fully in all aspects of American society. For more information, visit www.acb.org; write to American Council of the Blind, 1703 N Beauregard Street, Suite 420, Alexandria, VA 22311; phone (202) 467-5081; or fax (703) 465-5085.

ABOUT PILLSBURY: Pillsbury Winthrop Shaw Pittman LLP is a leading international law firm with offices around the world and a particular focus on the energy & natural resources, financial services, real estate & construction, and technology sectors. Recognized by Financial Times as one of the most innovative law firms, Pillsbury and its lawyers are highly regarded for their forward-thinking approach, their enthusiasm for collaborating across disciplines and their unsurpassed commercial awareness. For more information, visit www.pillsburylaw.com.

To read this press release on our website, please visit: www.acb.org/PR-Taxi-Agreement

Problems with a LYFT driver refusing to transport you and your service dog? Here’s information concerning structured negotiations between advocates for people with disabilities and LYFT:

Statement to the Community Regarding Structured Negotiations With Lyft to read this announcement online, visit http://rbgg.com/statement-to-the-community-regarding-structured-negotiations-with-lyft/

October 15, 2015

Advocates for people with disabilities have entered into structured negotiations with Lyft, Inc. to ensure that disabled riders with service animals are ensured access to transportation services offered by Lyft drivers. These collaborative efforts are under way between Lyft, Inc. (Lyft), Disability Rights Advocates (DRA), Rosen, Bien, Galvan & Grunfeld (RBGG), and TRE Legal – attorneys for several blind persons who have raised concerns regarding access for service animal users.

DRA, RBGG, and TRE Legal contacted Lyft to present these concerns after certain community members reported difficulties obtaining rides from drivers on the Lyft platform. Lyft currently has a policy that drivers on their platform accept riders with service animals, but Lyft agreed to work with these advocates to ensure that disabled individuals are not denied rides or provided a lesser quality of service because they use service animals.

The parties are hopeful that they can agree on specific new initiatives to improve access to transportation available through the Lyft platform for all riders with disabilities who use service animals.

For more information, please contact:

Tim Elder, telder@trelegal.com, TRE Legal Practice, LLC, 4226 Castanos Street, Fremont, CA 94536, (410) 415-3493

Michael Nunez, mnunez@rbgg.com , Rosen Bien Galvan & Grunfeld LLP, 50 Fremont Street, 19th Floor, San Francisco, CA 94105, (415) 433-6830

Julia Marks, jmarks@dralegal.org , Disability Rights Advocates, 2001 Center Street, 4th Floor, Berkeley, CA 94704, (510) 665-8644