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Guide dog users sue cab company
They say drivers wouldn't allow dogs

By ERIC MOSKOWITZ
Concord Monitor staff
August 2, 2004

Two legally blind Concord residents have filed complaints against a city cab company alleging that they were denied rides on separate occasions because of their seeing-eye dogs. The residents, one of whom wishes to remain anonymous, are seeking awareness training for all drivers and dispatchers at Main Street Taxi as well as the adoption of a company policy aimed at preventing the violation of state and federal anti-discrimination laws. In addition, Larry Ashford and the other sight-impaired resident want $20,000 each for the damages suffered as a result of the "callous indifference" of the cab company, attorney Kathy Bubar of the Disabilities Rights Center wrote in a recent letter to Main Street Taxi. The separate complaints will be handled together by the state, and the complainants are hoping to settle through mediation, Bubar said. If that fails, the matter could go to court for a jury trial, she said. Mike Pappas, owner-operator of Main Street Taxi, disputed the complaints and the accounts of the incidents. Pappas said he would never knowingly discriminate and that neither Ashford nor the other resident indicated that they were blind or that their dogs were service dogs. Pets are transported at the cab company's discretion, Pappas said. "I'm not insensitive to anybody's needs," Pappas said. ". . . I didn't do anything wrong." After reading the letter from Bubar, whose federally funded agency advocates on behalf of the disabled, Pappas said he was stunned by the request for "$20,000 per person (in damages) over a $4 to $5 cab ride." Ashford, who lives at the Crestwood/Jensen's mobile-home park off Manchester Street, said his incident occurred after he attended a city council meeting in April. Ashford got a ride to the meeting from a friend, then called Main Street Taxi to pick him up afterward. When the cab appeared, the driver denied Ashford a ride when he saw the dog, Ashford said. Ashford said he told the driver that denying a ride to his guide dog, a German shepherd named Cameo, would be a violation of the Americans with Disabilities Act. The driver allegedly radioed to dispatch, then told Ashford he could give him a ride if Ashford had a blanket to protect the cab from the dog's wet fur, given the rain that night. He also said that the dog would cost extra, Ashford said. Ashford said he couldn't believe it. "I could see if this was 10 years ago, 20 years ago," he said. "But now, everybody knows about service dogs, about guide dogs." A former Hillsboro police officer and state drivers-license road tester, Ashford has been gradually losing his vision as a result of retinitis pigmentosa. Legally blind for two years, he described his limited vision as "like looking through plastic." Standing in the rain, Ashford told the cab driver that he could face a lawsuit, he said. The driver responded that a wet, fur-covered seat could also prompt a lawsuit - from the cab's next passenger, Ashford said. After the cab drove off, Ashford called the dispatcher. The dispatcher was argumentative and refused to disclose his name, Ashford said. "That's when Larry decided to walk home," Bubar said. "He was hurt. He was angry." Pappas said he was the dispatcher who spoke with Ashford. "He was really upset," Pappas said. "The conversation went pretty fast, (but) he didn't tell me he was blind until a couple minutes into the conversation." At that point, Pappas said, he radioed the driver and told him to return to City Hall and pick up Ashford, but Ashford had already disappeared. The cab driver, who has since left the company, signed a statement for Pappas saying that Ashford never mentioned his sight impairment. "The man began shouting obscenities and threats, (and) I left the scene in haste," the driver wrote. The other incident, which happened about two weeks after Ashford's, involved a Concord woman who asked to be picked up near downtown, Bubar said. Worried that she hadn't given an accurate description of her location, the woman called back and told the dispatcher that she would be easy to locate, as she was waiting with her seeing-eye dog, Bubar said. The dispatcher told her that the cab company doesn't take dogs, Bubar said. Pappas said he was not working that night but spoke with the woman later. After she explained the relevant laws, Pappas drafted a formal document stating that Main Street Taxi would not deny service nor assess a surcharge to anyone with a disability. Additionally, he arranged for all of the cabs to be equipped with blankets for dogs, and for each of his employees to get monthly reminders of the policy, he said. "Who would be so insensitive not to pick them up anyways? None of my people would," Pappas said. Pappas thought the woman was happy with the arrangement until he received the letter from Bubar listing what her clients would hope to get out of any settlement reached through mediation. The letter also stated that the state Commission for Human Rights can fine a company $50,000 if it is found to have committed two or more discriminatory practices in a span of seven years. The commission handles about 250 to 400 charges a year, more than 90 percent of which are workplace discrimination matters, said Katharine Daly, executive director. The commission is not allowed to disclose information about specific active cases, she said. Generally, the state hopes that discrimination matters can be settled through mediation, which is cheaper and faster than going to court. If a matter is settled, it's unlikely that the state would also assess a fine for the company, she said. The mediation sessions are handled by trained volunteers, usually attorneys with expertise in the field, Daly said. If mediation fails, the commission would pursue a formal investigation, with the potential outcomes ranging from dismissal to the finding of fault by a state commissioner. If that result fails, the parties can proceed with a public hearing in front of three other commissioners. At any time, the complainant can also elect to take the matter to state or federal court. To defend himself, Pappas has been collecting signed statements from people attesting to the quality of service he has provided in more than 30 years in Concord, running A & P Taxi and then Main Street Taxi. One is from a legally blind woman who said Pappas's drivers have always been understanding of her service-dog situation. Another is from city Health and Licensing Officer Eugene Blake, attesting to Pappas's complaint-free record. Bubar said that the most important thing that could come out of resolution would be an end to any discrimination. Though complaints against cab companies are uncommon, she said that the violations probably occur more than anyone realizes. "Frequently, people with disabilities are afraid to complain, because they feel that even the bad service they get is better than no service at all," she said.

(Eric Moskowitz can be reached at 224-5301, ext. 310, or by e-mail at emoskowitz@cmonitor.com.)

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