9 replies to this topic

[stifjake1]

The following describes a disturbing, emotionally painful; thoroughly unpleasant situation that I recently experienced.

On Thursday night (1/29/09), at approximately 10:50pm, I called a local Taxi-cab company (Checker Cab, Atlanta, GA.) for a taxi to pick me up at the Publix Grocery Store @ Lenox Marketplace. I was told a taxi would arrive in 15-20 minutes, which is customary.

A taxi arrived at approximately 11:15pm. I transferred from my wheelchair into the front seat of the taxi; prepared to have the driver place my groceries; wheelchair into the rear seat of the taxi-cab. The taxi driver (Mohammed Adan, Taxi-Cab #0056/Driver ID# 02301) insists on placing my wheelchair in the trunk of his cab, but the trunk does not close completely nor securely. In past experiences, my wheels have been damaged with bent, broken spokes resulting from the driver trying to slam the trunk shut. I inform the driver that for these reasons, I prefer that the chair be dis-assembled; placed in the back-seat. The driver(s) have a history of refusing to place the chair in the back-seat, citing (different drivers; different instances, but same result) three 'reasons' for not complying with the passenger:

1)The chair is dirty; it will get grease on or damage the seats.
2)Dis-assembling the chair per the owners instructions is 'too much work'.
3)Tells the passenger that he needs to call for a 'wheelchair-accessible' van.

Ultimately, unless the passenger allows the driver to place the wheelchair in the trunk, albeit unsecured, the driver refuses to transport the passenger.

At approximately 11:30pm, the driver tells me that I need to call another cab. I tell the driver that I have already waited (outside the store) in the cold for a taxi, that I'm already seated in the taxi; that if he did not want to transport me, for the sake of decent customer service, it was his responsibility to find another cab for me.

He refused to call another cab for me; I refused to exit the sedan, but between 11:35pm and 12:00, a van, as well as two other sedans from this same taxi company arrived at this location. This same driver placed another couple of passengers in one of the other cars. When I asked him why he provided taxi service for them before me, he replied, 'Because you're stupid; nobody likes you.'

At approximately 12:10am, a Taxi Agent arrives on scene; asks me 'what's the problem?' I explain to him that my chair will not fit in the trunk securely, that I require; prefer it to be transported in the backseat of the car. He says he doesn't know why it can't go in the trunk. I tell him the trunk simply is not deep enough to hold the chair with the trunk closed securely.

At approximately 12:20am, an APD Officer (Officer Lundy) arrives on scene. He asks me, 'What my problem is?'

When I explained the situation I was experiencing, the Officer told me, 'You don't have any right to hold this Man (the driver) up from making his money. If he doesn't want to carry you, he doesn't have to; you can't make him. You don't make the rules; if you don't like that, you need to get your own car.'

He then told me that, 'Unless you want to go to jail, you better get out of the car because you're wasting my time.'

At approximately 12:35am, I had to re-assemble my wheelchair; transfer out of the taxi-cab back into my wheelchair. Since I had been sitting in the cold, in the same position, unable to take my medication or to relieve myself, my body was extremely stiff, with increased spasticity. The Officer didn't think that I was moving fast enough, kept telling me to hurry up; attempted to grab me.

At approximately 12:50am I had transferred to my wheelchair. The taxi left, 3 police cars that were on scene left; no one asked or sought to offer me any assistance.

I called the taxi dispatch; was told that the accessible-van would be picking me up, but did not know how long it would take. At approximately 12:55am, the driver of the van said he would pick me up as soon as he dropped his passengers off. He arrived at approximately 01:20am; he charged me $8.00 when I've usually been charged $5-6.00. I finally was delivered to my apartment at approximately 01:35am.

I have been using the services of this one Taxi company consistently for 5 years; have travelled in the same type of sedan (the Taxi company uses one make of automobile in their fleet), with most drivers complying with my request without any problems, but occasionally, I will have an encounter with a driver that refuses to comply. I've used the services of the accessible van twice, Friday (1/30/09) being the second time, the first taking place at least 2-3 years ago. I have two reasons for not using the services of the accessible van:

1) I don't NEED to use an accessible van. I can transfer to the front seat of the
sedan with minimal to no assistance. I simply would like the driver to follow my
directions for dis-assembling; placing my wheelchair in the back-seat of the
sedan.
2) Neither the taxi dispatcher, the driver, or myself has any idea where THE ONE
wheelchair accessible van in their fleet will be at any given time, nor how long it
would take to reach my location. Whenever I call for transportation (I must say
that the company; many dispatchers have been sensitive; responsive, by putting
a notation by my name/listings/pick-up log) I specifically request a sedan
instead of a van. The dispatcher gives a customary 'wait time' (for a car) of 10-20
minutes, with the sedan usually arriving within that time frame.
To his credit, the Taxi company's Customer Service Manager contacted me by phone; I voiced my complaint directly with him. His response was to mail me 5 discount coupons approximately 1 week later. On the day that I received them, in a phone call, I told him I appreciated the gesture but I did not think that this action would ultimately solve the problem. I suggested to him that we (the Manager, the driver; myself) meet so that I could demonstrate how my chair fits in the rear seat of the taxi. His response was that he didn't think that was necessary; that as far as he was concerned the issue was closed.
I'm concerned that since this I've had no less than 3 similar experiences in the past, this 'solution' gives me no security nor assurance that I won't experience this again from yet another driver in the future.
During this incident the attitude; actions of the Taxi Driver forced me to remain in a position of extreme physical discomfort. I did not expect; even though I wore a light jacket, nor dress to be exposed to cold windy weather for an extended period of time, which I experienced for over 2 hours that morning.
During this period of time, I was unable to take my medication at the proper interval. I desperately needed to relieve myself, which I was unable to do. In persons with SCI, this can cause an unpredictable; potentially deadly condition called Autonomic Dysreflexia.
Added to my general 'end of the day' fatigue, the presence, reaction; attitude of the APD Officer toward me increased my anxiety. The direct actions of the APD Officer pulling my arm caused me physical discomfort as well as mental; emotional duress.
Based on what I've researched; personally experienced, I want to file suit based on what I believe to be---intentional or not---Disability Discrimination.


RESEARCH MATERIAL FOLLOWS....

Accessible Taxicabs Part 1 -
A Look at Accessible Taxi Service Across the Country
Taxi Service and the ADA
The ADA Private Transportation Handbook, a publication developed by Easter Seals Project ACTION to spell out the ADA transportation requirements, defines taxicab service as follows:

“Taxicab service is generally considered service operated in a clearly marked vehicle for hire, which is typically available 24 hours per day, has a rooftop light, and is equipped with a meter to determine the fare based on time and distanced traveled. The vehicle may be hailed on the street, picked up at a taxi stand, or called in advance. Most taxi service is operated in automobiles, which are exempted from ADA accessibility guidelines. Legislative report language on the ADA indicates that, regardless of vehicle requirements, anyone in the business of providing taxi service shall not discriminate on the basis of disability in the delivery of service. More specifically, taxi companies may not deny service to an individual with a disability who is capable of using the taxi vehicle. The final U.S. DOT ADA implementation rules also state that it would be discriminatory to pass up a passenger because he or she was blind or in a wheelchair, if the wheelchair could be stowed in the cab and the passenger could transfer to a vehicle seat. A company could not insist that a wheelchair user wait for a lift (or ramp) equipped van if the person could use an automobile. It would be discrimination for a driver to refuse to assist with stowing a wheelchair in the trunk (since they often do so with luggage) or to charge a higher fee for stowing a wheelchair than for stowing a suitcase. Finally, though it may take somewhat more time and effort to serve a person with a disability than it might for another passenger that does not justify discriminatory conduct with respect to passengers with disabilities. Under the ADA, taxi companies cannot charge higher fares to people with disabilities.”

[wheelie182]

This is a bit of a tricky one. I can understand why they wouldn't want your chair on the back, that's like someone putting their dirty shoes on the seats, seems like a fair request. But at the same time, this doesn't mean you should be subjected to them potentially damaging your chair.

In this circumstance I think they have a fair argument as well as you. And seeing as how they're offering you another option, you can't really complain.

I do however think that the police officers attitude was disgusting, what a complete tool.

[dreamerr]

I think that you will be more stressed suing. I think you really should go after the insensitive cops what they did sucks big time. As far as the taxi he wasn't a nice man but I doubt there is much you can do. As I was reading the post above it dawned on me why not put your wheels in the trunk and your chair in the back seat? You can also bring a little something to cover the seat so nothing rips in case besides dirt that is what the man was worried about. Just a thought, I hope it helps.

[brockit79]

what complete ass wipes!

I think you need to weigh up what the cost to you would be compared to the benefits you will gain before lodging legal proceedings; only you can decide this.

The law clearly states that you should not be refused transportation but they did offer you an alternative to remedy the situation; whether a judge will go in your favour who can say?

Perhaps try to find details of other cases and see the outcomes.

I hope this helps

[Zack]

Sady I believe it's a no brainer. If you sued and a judge was to rule on your side, awarding you a monitory sttllement, No wheelchair bound person would have to work for a living or collect a disability income. Just call a Taxi service and 50% of the time theyd be awarded a cash settlement, putting all the Taxi companies out of business.
As bad as your experience was, I do feel bad for you. Yet we can not expect the world and everyone struggling to make an income to drop everything to make this a perfect world for wheelchair bound people.
Sometimes life sucks, just as the way you were treated sucks!

I hope your overcoming your experience, and never have to go through one like that again!

[mellowgator]

isn't there a way you can call a particular cab? i've met drivers in the past that would give me a card and i could arrange through them pick up and delivery that way you know who you are getting. perhaps you can find a independent cabbie who would be more willing to accomadate you in the future. especially if you tip well for the extra work involved.


mellowgator

Edited by mellowgator, 09 February 2012 - 09:35 PM.

[qbounce]

Unfortunately, I don't see a case. They offered to take you on THEIR terms, and you denied it, not the other way around.

I too, understand your reasons for putting it in the back seat. I recommend, every time you need to take a cab, carry a towel in your bag that can cover their back seat and protect it from getting dirty.

When they see you care about their needs, hopefully they'll be more responsive to yours.

[richo]

just stick to the van,it might suck but least you know wear you stand[wear you stand,get it].and as far as law suit they will just laugh at ya.i live in a small town,only 2nights ago got a cab[van] out to a mates place,about 5 mile out of town.the drivers are most time prety good,like if they no your out they will stay on late you no.but time got away on me,and it got late.so i ring the cab,nar sorry mate his gone to bed,wat so on a mainhigway off i go an hour later home i get.yea this stuff makes ya angry but just have too get over it.

[Charlie-boi]

mellowgator, on 09 February 2012 - 09:35 PM, said:

isn't there a way you can call a particular cab? i've met drivers in the past that would give me a card and i could arrange through them pick up and delivery that way you know who you are getting. perhaps you can find a independent cabbie who would be more willing to accomadate you in the future. especially if you tip well for the extra work involved.


mellowgator

I would go with this idea.... i never use a taxi but on the one occation i did this kind of thing happend....not as bad obviousely but realy if im honest why piss about with taxi's... i dont know your situation but can you not get a car? it would make you so much more independant and more rittch by not financing law suits

[tomsov]

i agree to not sue however i would launch a formal complaint on the police officer for not know DOT standards and launch a formal complaint on the taxi company. after that I would do what ever is in my power to make both of there lives a living hell. That is what i did to the people that fixed my house. they said it would take 4 weeks and be turn key ready to go. however it took 4 months and they f*@ked up every step of the way. Needless to say I have the word out to them the franchise corporate center and to everyone that i know that needs work done or does work. I also have words out to 5 local home depots, lowes, menards and ace hardwares. Make there life hell without making yours hell. I agree that it is shady on all levels but not worth the time and expense of litigation and legal fees, sorry that it happened to you. it just goes to show how incredibly f*@ked this world is

PS anyone needing remodeling service DON'T USE CASE Handyman Services