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Henry Claypool has trouble getting ride-sharing companies to send a wheelchair accessible car to his home because it is the year 2022. This was always a false promise for wheelchair users like Claypool, who were supposed to be democratized with the use of smartphone apps.
Claypool was the former director of the Office on Disability in the US Department of Health and Human Services. I have never been able to hail a wheelchair accessible vehicle.
The inability of ride-share companies to provide equitable service to people with disabilities is something that Claypool is constantly flabbergasted by.
Claypool said that he thinks there are ways to give people like him a more reliable access to transportation. These businesses don't seem to be interested in exploring that
Ride-sharing companies expressly marketed themselves as a boon for passengers with disabilities
The taxi industry was put on the back foot when ride-sharing companies burst onto the scene. They marketed themselves as a boon for people with disabilities.
According to the Bureau of Transportation Statistics, there are 25 million Americans with travel-limiting disabilities. Many communities in the US don't have accessible transportation options. The NYC subway system is exempt from the Americans with Disabilities Act because it was built before the law.
Paratransit services are mandated under the ADA and are often unreliable. Taxi companies are required to serve certain types of vehicles. There were a lot of gaps in service that ride-sharing could fill.
There have been some partnerships with paratransit providers. Both companies claim to offer wheelchair accessible service within minutes, but only in a limited number of cities. Claypool says their efforts to fight against rules in court that would require them to provide more accessible service speaks volumes.
It has argued in court that it shouldn't be subject to the ADA because it's not in the transportation business. Claypool says that these types of statements make it difficult for disabled advocates to hold the companies accountable.
The argument that the transportation network companies have made about not being covered by the ADA has made it difficult for the community to engage with them.
Lyft has argued in court that it should not be subject to the ADA because it “is not in the transportation business”
The Americans with Disabilities Act prohibits discrimination based on disability. The ADA was violated by people who use wheelchairs in the lawsuit.
A report detailing excessively long wait times for wheelchair-accessible vehicles in New York City led to the city council's new rule requiring ride-sharing companies to make wheelchair accessible services part of their operations. The city was forced into a settlement by the lawsuit that was filed by the ride-sharing company to block the new rule.
The other passengers have had more success. The company was accused of failing to give equal service to people in wheelchairs. A federal court ruled that the people who sued had standing.
The US Department of Justice filed a lawsuit against the company last year, accusing it of discriminating against people with disabilities. People with disabilities need more time to get into the car than people without disabilities.
The Justice Department's Civil Rights Division said at the time that the lawsuit sent a powerful message that passengers with disabilities can't be punished for having more time to get into a car.
The legal stakes for the company are raised by the lawsuit. The Justice Department is trying to get a court order forcing the company to comply with the Americans with Disabilities Act.
According to the lawsuit, it would take an average of five minutes for a woman in a motorized wheelchair to board a ride with the ride sharing service. The woman was denied a return on the fees she incurred for the extra time.
Advocates say they are in it for the long haul
It will be difficult to force change through the court system. According to James Weisman, general counsel of the United Spinal Association, there have been some improvements. Some markets like New York City have improved their services for wheelchair users. People with visual impairments can use ride hailing services.
There are still a lot of problems. People who use service animals are often denied service by ride-sharing companies. Even though the rides are abandoned because drivers decline their requests after learning of their disabilities, some riders have seen their accounts deactivated due to too many cancellation.
The ride-sharing companies should be required to provide accessible service in the same way that other modes of transportation are.
This seems like a no-brainer to me. The term "ride-share" should mean "accessible ride-share."