If it were not for some outspoken, brave spokespersons in the field of
work for the disabled, we, and our needs, would be ignored.
Especially we blind people. We truly are the "Invisible Minority"
But we will only be victims if we continue to act like victims.
Fortunately we belong to a strong national organization that knows the
value of building strong state organizations, and extending its roots
deep into the towns and rural communities where most of us live.
As one who lived nearly 60 years in the Metropolitan Seattle Sprawl,
and escaped to live for the past 25 years as a Contented Country
Bumpkin, I full well understand the need for reliable, inexpensive
transportation. I am equally aware of the need of taxi cab drivers to
earn a living wage. And, just for the record, my sympathies are
mostly with the Cabbies, since I am also a member of the Working
Class. But regardless of where we come from, can we agree that the
solution is not one of solving the transportation needs of the
Disabled, by under compensating the thousands of drivers who are
themselves feeling a financial crisis?
Perhaps the LIFT Board of Directors believed that there were large
numbers of retired people just looking for something to do to while
away their retirement years. And I'm sure such people do exist. But
far and away are those people who have been retired or displaced, but
still need additional income to make ends meet.
As often happens with desperate people, they hear what they want to
hear. LIFT made a good sales pitch, and many folks, with their backs
to the wall, bought it as the solution to their financial problems.
While we might debate how matters came to the present crisis, the fact
is that the drivers learned that their expectations were unfounded.
They learned the hard way, the difference between "employees" and
"contractors". Sadly, there is another old adage that they had to
revisit. It goes, "Them what's got, gits". While the drivers are
struggling to make ends meet as costs for doing business rise, the
LIFT Board members are busy dividing up millions of dollars among
themselves. It is not my purpose in this article to debate whether or
not this is fair. Obviously the Board members believe it to be their
just returns. But my concern is why it always seems to come down to
the "needy" being pitted against the "down trodden"?
In my mind, we need to try another approach to solving the
transportation needs of the disabled. It's obvious that the "For
Profit" approach is running into rough Seas, the same as the
established Taxi services have experienced.
By way of setting up my "solution" so you all buy in, I would point
out that we are all tax payers. Whether or not we pay income taxes or
not, each time we spend money, some of it finds its way back to our
government. Secondly, that government is *OUR government, too. Our
government is set in place in order to meet certain needs that we
cannot provide on an individual basis. We pay for public schools,
fire and police protection, public utilities, and on and on whether we
use them or not. We, the disabled people, have paid a share of the
public services, for the good of all citizens.
Therefor, as full participating citizens, should we not have the same
access to public transportation as is afforded all able bodied
citizens? We disabled folk did not create a society dependent on a
need for personal transportation.
We disabled citizens want to be full participating members in our Work
Force, enabling ourselves the ability to earn a decent living and to
pay our own way. In order to do this, we need low cost public
transportation, available when we need it, to take us where we need to
go in a timely way. And there is only one way to cover such a cost.
Government subsidy. A door to door transportation service for
disabled citizens, paid by all of us in order to ensure that all of us
are able to exercise our right to be First Class Citizens.
Cordially,
Carl Jarvis
On 5/10/19, Debby Phillips <semisweetdebby@gmail.com> wrote:
> Yeah, but it's becoming more like Justice for Some. I think next time I say
> the Pledge of Allegiance I'm going to change the words, because that's what
> it seems to be. Then if asked why I said that, I can explain that justice
> does not seem to be done for those who are poor, disabled, and People of
> Color. Debby
> On May 9, 2019 11:24 AM, Carl Jarvis <carjar82@gmail.com> wrote:
>>
>> Seems that we're still debating what it is to be an American Citizen.
>> Now, I understand that LIFT feels it can't be expected to solve
>> everyone's transportation needs, but I would remind LIFT that as an
>> Older Blind taxpayer who has spent over 65 years paying for the roads
>> that LIFT drivers trundle about on, I expect to be included in their
>> services. I recall the battles over curb cuts and wheelchair lifts on
>> transit buses. Each time another access barrier is uncovered it's the
>> same old battle. Somewhere in the depths of my brain I recall the
>> words, "...with liberty and justice for *ALL!".
>>
>> Carl Jarvis
>>
>> On 5/9/19, Denise Colley <dmc0124@comcast.net> wrote:
>> > From: Kelly Gasque via leadership [mailto:leadership@acblists.org]
>> > Sent: Thursday, May 09, 2019 9:56 AM
>> > To: leadership@acblists.org; announce@acblists.org
>> > Subject: [leadership] Article: Lyft fights to avoid Americans with
>> > Disabilities Act in federal court
>> >
>> >
>> >
>> > Lyft fights to avoid Americans with Disabilities Act in federal court
>> >
>> > Article link:
>> > https://www.politico.com/states/new-york/albany/story/2019/05/02/lyft-fights-to-avoid-americans-with-disabilities-act-in-federal-court-1002249
>> >
>> > Lyft argues it should not be subject to the Americans with Disabilities
>> > Act
>> > and is fighting a federal class action lawsuit filed in Westchester
>> > County
>> > on the grounds that "it is not in the transportation business."
>> >
>> > It's an argument long employed by app-based companies like Lyft and
>> > Uber,
>> > and it's one that experts in the field continue to scoff at.
>> >
>> > "According to their public filings their mission is to improve people's
>> > lives with the world's best transportation," said former New York City
>> > Taxi
>> > Commissioner Meera Joshi. "Or maybe it should be improving some people's
>> > lives because throughout the country most passengers that use a
>> > wheelchair
>> > still can't get a Lyft."
>> >
>> > Lyft continues to bill itself as a better-behaved version of arch-rival
>> > Uber, but this is only its latest effort to avoid government regulations
>> > designed to make transportation more accessible to people with
>> > disabilities.
>> > It's facing another class-action lawsuit
>> > <https://mandrillapp.com/track/click/30489975/dralegal.org?p=eyJzIjoiU0NBamdPc0hZXy11MlcxLWItYWY5VmNHNU8wIiwidiI6MSwicCI6IntcInVcIjozMDQ4OTk3NSxcInZcIjoxLFwidXJsXCI6XCJodHRwczpcXFwvXFxcL2RyYWxlZ2FsLm9yZ1xcXC9wcmVzc1xcXC9seWZ0LXN1ZWQtZm9yLWlsbGVnYWxseS1leGNsdWRpbmctYmF5LWFyZWEtd2hlZWxjaGFpci11c2Vyc1xcXC9cIixcImlkXCI6XCJkYjU2NzNlOTEzNjg0MTdmOGZlNzY0ODU4YmM5ODkyMlwiLFwidXJsX2lkc1wiOltcImE1ZTI0OWUwNGVjMzc5YmI2YWJiY2U4ZGUwNWQ4N2MyMmM1MDA0OThcIl19In0>
>> > , that one in the Bay Area, claiming the company discriminates against
>> > people with disabilities.
>> >
>> > In its filings
>> > <https://mandrillapp.com/track/click/30489975/www.sec.gov?p=eyJzIjoiRm9hdm5Ud0pDcXBCb3kwZmFja3FXVldxREF3IiwidiI6MSwicCI6IntcInVcIjozMDQ4OTk3NSxcInZcIjoxLFwidXJsXCI6XCJodHRwczpcXFwvXFxcL3d3dy5zZWMuZ292XFxcL0FyY2hpdmVzXFxcL2VkZ2FyXFxcL2RhdGFcXFwvMTc1OTUwOVxcXC8wMDAxMTkzMTI1MTkwNTk4NDlcXFwvZDYzMzUxN2RzMS5odG1cIixcImlkXCI6XCJkYjU2NzNlOTEzNjg0MTdmOGZlNzY0ODU4YmM5ODkyMlwiLFwidXJsX2lkc1wiOltcImVkMGVkMzIxMGJmYWNmODAyYzk5ZjM0Nzg0NDcwNWQ2Yjc3OTJmMzBcIl19In0>
>> > with the SEC in March, ahead of its public offering, Lyft acknowledged
>> > its
>> > ongoing legal battles against having to comply with the Americans with
>> > Disabilities Act, but said it disputes "allegations of wrongdoing and
>> > intend
>> > to continue to defend ourselves vigorously in these matters."
>> >
>> > "For a company that says they want to do the right thing — they should
>> > do
>> > the right thing," said attorney Jeremiah Lee Frei-Pearson, who is
>> > representing the plaintiffs in the New York class action lawsuit. "Not
>> > serving people with disabilities is very inconsistent with the public
>> > message that Lyft wants to send as being an inclusive and progressive
>> > company."
>> >
>> > Campbell Matthews, a spokesperson for Lyft, declined to comment on the
>> > Westchester litigation, but in an emailed statement suggested the
>> > company's
>> > notion of "accessibility" is more all-embracing than the one put forth
>> > by
>> > advocates for the disabled.
>> >
>> > "We think about accessibility broadly and know that many who were
>> > previously
>> > underserved by transit and taxis are now able to rely on Lyft for
>> > convenient
>> > and affordable rides," she said.
>> >
>> > That argument doesn't satisfy Harriet Lowell of White Plains who, with
>> > Westchester Disabled on the Move, filed
>> > <https://mandrillapp.com/track/click/30489975/www.politico.com?p=eyJzIjoiaEY0Qkc1ZkVZSzlWLXluX0lxWXdwelptWU5vIiwidiI6MSwicCI6IntcInVcIjozMDQ4OTk3NSxcInZcIjoxLFwidXJsXCI6XCJodHRwczpcXFwvXFxcL3d3dy5wb2xpdGljby5jb21cXFwvc3RhdGVzXFxcL2ZcXFwvP2lkPTAwMDAwMTZhLTc1OGUtZDc5Zi1hZGZiLWY3OGVjNzc0MDAwMVwiLFwiaWRcIjpcImRiNTY3M2U5MTM2ODQxN2Y4ZmU3NjQ4NThiYzk4OTIyXCIsXCJ1cmxfaWRzXCI6W1wiMGRkNzkxOTE5Yjk5ZTU4MzVlMmEzY2E1NGVjZDk0MjdkY2JlNDIwMFwiXX0ifQ>
>> > a class action lawsuit in August 2017 against Lyft for the company's
>> > failure to equitably serve disabled people in all areas of the country.
>> >
>> > Lowell, who uses a motorized scooter, has been unable to use Lyft
>> > because of
>> > the paucity of wheelchair accessible for-hire vehicles where she lives.
>> > But
>> > she has a husband willing to drive her around.
>> >
>> > "Not everybody has that: people who live alone who are disabled and have
>> > less resources than I do," she said.
>> >
>> > Lyft moved to dismiss
>> > <https://mandrillapp.com/track/click/30489975/www.politico.com?p=eyJzIjoiS1pxLXNKZTVPeHRvWmJkdEFEMXJoVXI2bG9rIiwidiI6MSwicCI6IntcInVcIjozMDQ4OTk3NSxcInZcIjoxLFwidXJsXCI6XCJodHRwczpcXFwvXFxcL3d3dy5wb2xpdGljby5jb21cXFwvc3RhdGVzXFxcL2ZcXFwvP2lkPTAwMDAwMTZhLTc1NjYtZDEwZi1hZGVmLTdkNmYzNTJlMDAwMVwiLFwiaWRcIjpcImRiNTY3M2U5MTM2ODQxN2Y4ZmU3NjQ4NThiYzk4OTIyXCIsXCJ1cmxfaWRzXCI6W1wiMGRkNzkxOTE5Yjk5ZTU4MzVlMmEzY2E1NGVjZDk0MjdkY2JlNDIwMFwiXX0ifQ>
>> > Lowell's suit on the grounds that Lyft users agree to solve disputes in
>> > arbitration and waive their rights to sue in a class action lawsuit as
>> > part
>> > of the company's terms of service. A federal judge dismissed that
>> > request.
>> >
>> > Now, according to Lowell's lawyers, Lyft is resisting the judge's
>> > efforts to
>> > get the parties to mediate, which the lawyers interpret as an
>> > unwillingness
>> > to solve the problem.
>> >
>> > Without mediation, a protracted legal battle is expected, with Lyft
>> > continuing to dispute its obligations under the ADA. That's more time
>> > that
>> > Lowell and others with disabilities will not be able to access the
>> > company's
>> > cars.
>> >
>> > "We just want Lyft to comply with the law and treat people with
>> > disabilities
>> > equally," said Frei-Pearson. "There are many different ways Lyft could
>> > do
>> > this and it's not for us to dictate which one they use."
>> >
>> > Uber does not provide ADA service in Westchester, either. Frei-Pearson
>> > said
>> > he and his colleagues have been reluctant to also sue Uber, because
>> > there's
>> > already national litigation against the company and it appears to be
>> > taking
>> > more steps toward accessibility.
>> >
>> > Last June, New York City settled a suit with Lyft, Uber and Via over
>> > requirements that the companies provide more service to people in
>> > wheelchairs. Under the settlement, app-based ridesharing companies in
>> > New
>> > York City must service at least 80 percent of requests for
>> > wheelchair-accessible vehicles in under 10 minutes and 90 percent in
>> > under
>> > 15 minutes by mid-2021.
>> >
>> > While many see that settlement as progress, advocates say the federal
>> > class
>> > action suit is a way to make the companies accountable on a national
>> > scale.
>> >
>> > "What I want is for Lyft to make themselves accessible throughout
>> > America,"
>> > Lowell said. "It's definitely not about money for me. I'm not in need of
>> > money. I'm really in need of a ride."
>> >
>> >
>> >
>> > Image removed by sender.
>> >
>> >
>>
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