# Just received a BS ADA complaint.



## Neil Yaremchuk (Sep 28, 2015)

I refused a ride on Saturday from a couple who brought a dog into my vehicle. This was not a visibly marked service dog such as you would see with leader dogs nor did the couple identify the dog as a service dog. This was an aged lap dog (Bichon Frisse, Maltese or poodle type dog) and was clearly a pet. My past experiences with people who have service dogs, of any kind, is that they make it very clear up front that it is a service dog and in no way keep that information a secret. This part I have no objection to because it promotes clear communication between all parties involved. However, when you get jerk off pet owners who have pet attachment issues and bring their dog everywhere from airplanes to the grocery store, it's just poor social etiquette.

Why did I refuse the ride in the first place? Both myself and my children have severe allergies to dogs and cats per several rounds of allergy testing. We avoid pets at all costs to avoid reactions and take this seriously. Since Uber doesn't supply the vehicle and I'm an IC, I felt I was within my rights to refuse the ride. Apparently, I am not according to the lengthy conversation with Uber support today. As a driver, the rights of the rider trump yours. Ain't that some shit! Uber is completely reactive about this and up until now has provided me with zero education about ADA compliance. Amazing how far away from being a true IC we are and more like employees.

Here is the follow up email from Uber:

_*Ana* (Uber)
Nov 6, 07:50

Hi Neil,

Thank you for speaking with me today! I wanted to follow up with some information in writing so you have it for future reference.

I understand serving riders with disabilities can be intimidating or frustrating, especially if a person's disability is not immediately visible. To protect you from any future incidents which could put your Uber partnership at risk, we wanted to make sure you have all the necessary information for handling service animals in the future. Through the Uber platform, Partners like you are providing new flexibility and freedom to people with disabilities that they've never had before._

_As you may know, according to the ADA, allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. (You can read more about this here.)

In the future, you may ask a person who has the animal if it is a service animal required because of a disability. If this person says no, you can absolutely deny the ride. If this person says yes, the law requires you to provide transportation to them. Please note that by law you cannot request paperwork or any other proof of a disability or that the animal is a service animal.

You are also able to ask what service the animal provides. You may not ask what the person's disability is. You can read about this and more here.
_
*Please know that Uber expects partners to comply with all state, federal and local laws governing the transportation of riders with disabilities. A transportation partner's violation of the laws governing the accommodation of riders with disabilities, including with respect to the use of service animals, constitutes a breach of the parties' Licensing Agreement and may result in permanently losing access to the Uber platform.*
_
For more information on serving riders with disabilities, check out our partner blog post here.

Thanks again for speaking with me today and understanding the importance of serving riders with disabilities and following all the legal requirements of the Americans with Disabilities Act. Please let me know if there are any other questions I can a_nswer.

_Sincerely,

*Ana*
help.uber.com_


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## Michael - Cleveland (Jan 1, 2015)

My response:

_Dear Uber -
Thanks for the info. 
Can I assume that the ADA applies only to people with disabilites 
and not to people with only obssesive attachments to their pets?_​


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## elelegido (Sep 24, 2014)

There's an easy solution to this. Nowhere in the ADA does it specify where the animal has to ride in cabs. Just say you will take the aninal as long as it rides in the trunk. The pax can't complain as you have not refused to take it and they will probably not want poor little Mutley to ride in the trunk. If the pax says that they must be with the dog at all times, say that they are welcome to ride in the trunk too if they prefer.

Problem solved.


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## The_One (Sep 9, 2015)

I don't refuse any rides to any type of dogs, now pax is another story.


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## elelegido (Sep 24, 2014)

Neil Yaremchuk said:


> Please know that Uber expects partners to comply with all state, federal and local laws


LOL, if that's not the pot calling the kettle black I don't know what is.


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## The_One (Sep 9, 2015)

elelegido said:


> LOL, if that's not the pot calling the kettle black I don't know what is.


Uber is exempt to any state or local or federal laws, they have paid many lobbyists to make sure of that.


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## Huberis (Mar 15, 2015)

Michael - Cleveland said:


> My response:
> 
> _Dear Uber -
> Thanks for the info.
> ...


This problem is has more do to with Uber trying to distance itself from the burden of being a responsible transportation provider who once again insists on placing the burden on the driver. This issue in my opinion is completely analogous with the way Uber insists drivers own and maintain their own cars while Uber sets the rates charged to pax. Both are prime examples of the disconnect and its consequences.

The tax I company I lease from needs to provide transportation for people with service dogs. That is clear. We allow dogs of all kinds within reason. I prefer dogs to people I suppose, I am a bit of a dog. I digress. If there is a need to transport a dog, the dispatcher will always ask the driver if they are willing to transport a dog. They will mention if it is a service dog, big or small. The driver says yes or no. There is no need for explanation. The taxi company does not insist people with a fear of dogs or allergies must submit to hauling those pax.

This is an example of Uber creating a huge problem where it isn't needed. They do this in order to distance themselves from liability and from being classified as a transportation company as opposed to a tech company.

This is truly absurd and yet another example of a need for deep reform. This should not even be an issue.


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## Another Uber Driver (May 27, 2015)

elelegido said:


> LOL, if that's not the pot calling the kettle black I don't know what is.


*Fifty* likes for this post; not forty-eight, not forty-nine, but fifty, count 'em, FIFTY likes for this post. Moderators will please take notice and act accordingly.



The_One said:


> Uber is exempt to any state or local or federal laws, they have paid many lobbyists to make sure of that.


..............it *ain't* just the lobbyists.



Neil Yaremchuk said:


> _according to the ADA, allergies are not valid reasons for denying access or refusing service to people using service animals._


That is *FALSE*. While it may be necessary for you to file Medical Documentation of your allergy, no one can compel you to transport anything that will make you physically ill. If that were the case, what do they think might happen if your reaction were so bad that you ran the car into a lightpost? As unreasonable as busybody do-gooders usually are, even they are not that moronic.


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## NachonCheeze (Sep 8, 2015)

Note that fUber selectively removed a word when quoting the ADA website. Direct quote from the site: Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals. f'n Ann dropped the word GENERALLY.


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## Another Uber Driver (May 27, 2015)

Here it is. The ADA website does state that if a facility such as a school or classroom has someone in it with a service animal and someone who is allergic to dander, said facility should accommodate both by putting them in different locations in the same room, if possible, or, in separate rooms. 

The transportation service would have to comply by providing alternate transportation if a specific driver is allergic to dander.

Uber, Sidecar. Curb, Flywheel and Lyft are "not transportation companies. They are technology companies". Since they are not "transportation companies", they can not provide alternate transportation.......................or ARE THEY "transportation companies"?

In D.C., for the cabs, it works like this. If a driver is allergic to dander, he must file Medical Documentation of that with the Taxicab Commission. He receives a receipt for said filing. He keeps a copy of the receipt and a copy of the documentation in his cab. Once he has done all of the above, he is exempt from transporting any animals.

When I was a cab company official, I had to deal with a couple of complaints to the D.C. Human Rights Office over this ADA/service animal thing. In each case, the driver had refused to transport the service animal due to an allergy. I required every driver to provide to me documentation of his allergy. I took that documentation to the Preliminary hearings and earned a dismissal of every complaint. This was before the DCTC requirement that a driver file documentation.

There must be some exemption somewhere for bus, limousine, taxicab and jitney drivers, as the D.C. Government would neither think of allowing such an exemption nor would it get away with allowing it if it were not permitted under Federal Rules. The General Counsel at the Taxicab Commission would have stopped that one dead, had Federal Rules not allowed it. If the DCTC General Counsel had not, the D.C. Corporation Counsel would have.


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## grams777 (Jun 13, 2014)

Severe allergies and many other things can also be considered disabilities. In such a case the driver himself may have a disability. People with service animals are not the king trumping all other people with other disabilities. You then have competing disabilities.

Some generally opine that the two parties should then try to accommodate each other. Perhaps the driver can carry some type of mask. I understand the hair and cleanup are a problem too. Some animals leave quite a mess of hair and saliva behind.

You can even get to the point of not being able to breathe from more severe types of pet allergies. Was the law written that you must die in order to drive someone with a service animal? I hold that Uber has plenty of drivers and itself is the entity failing to accommodate the parties with disabilities.

Uber is more worried about covering their tracks with the passengers however. A driver can be replaced like grabbing another penny of spare change.

However, there are drivers on every block. There's no reason uber can't provide the service using a qualified driver without a severe allergy problem who may be another 100 feet farther than the nearest driver. Again I submit, as another poster referenced, it is Uber itself who is failing to make reasonable accommodation to all parties who may have a disability.


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## EcoboostMKS (Nov 6, 2015)

A service dog needs to be treated like any other piece of medical equipment. Would you tell someone they can't put their wheel chair in the car (assuming it has no problem fitting) just because you don't want it in your car? Same thing here with service dogs. 

And allergies is no excuse according to the law just like the uber rep explained in the email. I'd post a link to the ADA website, but don't have enough posts yet to allow a link. It's very clear that it's no excuse.

You're using your car to transport people for hire. Not allowing someone to enter your car because of a medical condition or their medical equipment is nothing short of discrimination.

With that said, it's absolutely despicable masquerading your pet around as service dog to get it in places they're not allowed. Assuming that's what these people with their little dog were doing. Problem is there's no way to know. It's kind of just the honor system with service dogs. There's no certification and no real registry.


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## Fuzzyelvis (Dec 7, 2014)

elelegido said:


> There's an easy solution to this. Nowhere in the ADA does it specify where the animal has to ride in cabs. Just say you will take the aninal as long as it rides in the trunk. The pax can't complain as you have not refused to take it and they will probably not want poor little Mutley to ride in the trunk. If the pax says that they must be with the dog at all times, say that they are welcome to ride in the trunk too if they prefer.
> 
> Problem solved.


Actually various court cases have upheld that the disabled person must be able to be "accompanied by their service animal".

Budget rental got in trouble for this for not allowing blind people on their shuttles unless their dogs were crated.

An uber driver actually did this and he's not driving for uber anymore.

Obviously expecting the pax to ride in the trunk is ridiculous and probably illegal since there's no seatbelt.

If you want instant deactivation that's the way to do it.


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## EcoboostMKS (Nov 6, 2015)

Common human decency, people. If someone legitimately needs their service dog, it rides with the passenger and it shouldn't be a problem. These people need their dogs to get through life.

I can't post links, but google "Uber sued for allegedly refusing rides to the blind and putting a dog in the trunk". You'll see the article and why uber is responding like this. Can't say I blame them.


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## Another Uber Driver (May 27, 2015)

grams777 said:


> I submit, as another poster referenced, it is Uber itself who is failing to make reasonable accommodation to all parties who may have a disability.


This may be the leap that puts and end to the TNCs' hiding behind "We are not a transportation company, we are a technology company. We do not provide the service to the passengers, we provide the service to the drivers. The drivers provide the service to the passengers. The drivers are independent contractors". For years, the cab companies used to use this to disavow responsibility for the actions of their drivers. Many years back, the legislatures, regulators and courts started to stop allowing cab companies to hide behind this and started to hold them responsible for the actions of their drivers and failure to provide service. This applied even to cab companies that did not offer dispatch service. While this approach does have several flaws, it is the policy, these days.



EcoboostMKS said:


> Would you tell someone they can't put their wheel chair in the car (assuming it has no problem fitting) just because you don't want it in your car? Same thing here with service dogs.
> 
> And allergies is no excuse according to the law just like the uber rep explained in the email.


When did a wheelchair ever cause an allergic reaction? The only reason that an allergic driver would not want a service dog in his car is that people do not like being made ill, especially when they can avoid it. As another poster stated, severe allergies are a textbook illustration of a disability. Since when did one person's need to have his disability accommodated trump another person's need for the same?...........especially when it is possible, with a minimum of effort, to accommodate both persons' disabilities? Are we to deny employment to a driver who, with the exception of an allergy to animals, is otherwise capable of driving safely? Are we to require a driver with allergies to haul an animal with the result that the allergic reaction will cause him to collide with something or someone? If the latter, this would be creating a hazard that could be avoided.

By the logic of some of these arguments, we are to deny gainful employment to an elderly driver who can pass all of the required driving tests (reaction time and vision) simply because he is incapable of lifting a folding wheelchair? Would that not be discriminating against that elderly driver solely because of his age? I am not sure about other jurisdictions, but in the District of Columbia, age discrimination brings more harsh penalties than does race discrimination, or any other discrimination, for that matter. Marion Barry saw to that. Damn him all that you will, he did do many things for many people. He looked out for the elderly, which is why they voted for him every time that he ran for anything.


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## sidewazzz (Jun 30, 2015)

You guys really are making this harder than it needs to be. Your allergies don't matter, your fear of dogs doesn't matter.

Again if you get someone with a dog ask if it's a companion dog. If the answer is yes, kick them out. Companion dogs are not service dogs and we don't have to give them rides. Also a true service dog owner will correct you if asked if they have a companion dog. They will tell you it's a service dog.


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## EcoboostMKS (Nov 6, 2015)

Another Uber Driver said:


> When did a wheelchair ever cause an allergic reaction? The only reason that an allergic driver would not want a service dog in his car is that people do not like being made ill, especially when they can avoid it. As another poster stated, severe allergies are a textbook illustration of a disability.


It's not about wheel chairs causing allergies. It's the fact that someone needs that wheel chair to get through every day life. Same goes for that service dog. They're both considered medical equipment. They both have to be treated equally.

And I get what you're saying and it makes sense, but the law says allergies is no excuse for not allowing a service dog in your car. I'm not making this up or stating my personal opinion. This is what the law says. As drivers for hire, you have to follow those laws and can not discriminate. It's black and white here. You have to allow service dogs in your car.


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## EcoboostMKS (Nov 6, 2015)

sidewazzz said:


> You guys really are making this harder than it needs to be. Your allergies don't matter, your fear of dogs doesn't matter.
> 
> Again if you get someone with a dog ask if it's a companion dog. If the answer is yes, kick them out. Companion dogs are not service dogs and we don't have to give them rides. Also a true service dog owner will correct you if asked if they have a companion dog. They will tell you it's a service dog.


The problem with that is people can and do lie. You know how many people I've picked up at JFK or LGA with their dogs that they've passed off as service dogs so they can ride on the plane with their owners? I personally find it disgusting to do, but it happens a lot. And most can't or won't question it once they say their dogs are service dogs.


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## Another Uber Driver (May 27, 2015)

EcoboostMKS said:


> It's the fact that someone needs that wheel chair to get through every day life. You have to allow service dogs in your car.


If I am physically unable to lift that folding wheelchair, it is impossible for me to transport that passenger. The law can read what it will, but man's laws do not trump nature's. The law can not compel me to do something that I can not. The law is not magic (despite what the DNC will have you believe). It can not overcome a physical disability that I might have simply because it states that it can. One person's disability does not trump mine.

The same goes for the dog.


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## EcoboostMKS (Nov 6, 2015)

Another Uber Driver said:


> If I am physically unable to lift that folding wheelchair, it is impossible for me to transport that passenger. The law can read what it will, but man's laws do not trump nature's. The law can not compel me to do something that I can not. The law is not magic (despite what the DNC will have you believe). It can not overcome a physical disability that I might have simply because it states that it can. One person's disability does not trump mine.
> 
> The same goes for the dog.


Then you're opening yourself up to a discrimination lawsuit or possible termination from job. That's your prerogative if you want knowingly break the law. Just be prepared to be subject to possible consequences.


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## Another Uber Driver (May 27, 2015)

If I go into uncontrollable coughing and sneezing fits and can not see when the plaintiff and his do-gooder provided free high powered lawyers bring his service dog into the courtroom, the judge will get the idea.

If it is a wheelchair. my lawyer would have me attempt to fold it and lift it. When I could not, the judge would get the idea.

Now, want to read something funny? I haul anyone's dog. My mother raised dogs. I know how to deal with them. I *ain't* as young as I used to be, but, if I can still ride a bicycle several miles to and from a Nationals game, I can still fold and lift a wheelchair, so I have no problem with that............and if you think that I do not thank God for that frequently, allow me disabuse you of *that* misconception.

I resent busybody do-gooders. I resent government overreach. While the law is meant, among other things, to protect the weak from the strong, far too often, the supposed "weak" use the law as a means to establish a tyranny over the supposed "strong". History is littered with examples of such giving rise to repressive dictatorships. More than one of the aforementioned dictatorships has made it worse for the supposed "weak" once they seized power.


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## The_One (Sep 9, 2015)

I have never refused anyone with a dog, ever, service dog or not,some customers even call me beforehand to ask me if it's ok to bring Fido along, dogs never bothered me, if you have issues with transporting a dog do to medical or animal issues you are in the wrong line of work.


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## EcoboostMKS (Nov 6, 2015)

Don't take this personally. I'm not talking directly about you here. Just the general public and how the law says service dogs need to be treated. Do with the law as you please, just be prepared for consequences. That's all I'm saying.

Personally speaking, I love dogs. I've got two german shepherds sleeping on the ground next to me right now, but I (generally) don't allow people to bring their pets in my car. I sometimes will make exceptions for my personal customers through my business that I've been driving for years. I would never allow random uber customers to bring their pets in my car. I don't want to have to deal with the cleanup afterwards. Dog hair gets everywhere. 

If the dog is a service dog, and I will ask, the dog comes in and I deal with the cleanup. It's part of the job and I do my best to not break the law, especially when it comes to people with disabilities and their medical equipment. Just my person opinion.


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## Another Uber Driver (May 27, 2015)

The_One said:


> if you have issues with transporting a dog do [sic] to medical or animal issues you are in the wrong line of work.


"Due" to medical issues................and someone needs to tell Nanny Bloomberg, Adrian Fenty, David Catania and a bunch of other people that if you have problems with cigaret smoke, you should not be slinging beer in a gin mill---or drinking it there, either................................


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## The_One (Sep 9, 2015)

EcoboostMKS said:


> Don't take this personally. I'm not talking directly about you here. Just the general public and how the law says service dogs need to be treated. Do with the law as you please, just be prepared for consequences. That's all I'm saying.
> 
> Personally speaking, I love dogs. I've got two german shepherds sleeping on the ground next to me right now, but I (generally) don't allow people to bring their pets in my car. I sometimes will make exceptions for my personal customers through my business that I've been driving for years. I would never allow random uber customers to bring their pets in my car. I don't want to have to deal with the cleanup afterwards. Dog hair gets everywhere.
> 
> If the dog is a service dog, and I will ask, the dog comes in and I deal with the cleanup. It's part of the job and I do my best to not break the law, especially when it comes to people with disabilities and their medical equipment. Just my person opinion.


How hard is it to have the dog shit on the floor mat between the owners legs, not hard at all, stop with the excuses, unless they are grooming them in the car, there should be no issues with any pet hair, heck I clean up more human hair than I ever had to with pet hair. 
Maybe you suburbanites should not be in this line of business, just my opinion.


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## EcoboostMKS (Nov 6, 2015)

The_One said:


> I have never refused anyone with a dog, ever, service dog or not,some customers even call me beforehand to ask me if it's ok to bring Fido along, dogs never bothered me, if you have issues with transporting a dog do to medical or animal issues you are in the wrong line of work.


That's your right, but it's also your right to not allow someone's pet in your car. When it comes to service animals, that's a different story. You have to allow it.


The_One said:


> How hard is it to have the dog shit on the floor mat between the owners legs, not hard at all, stop with the excuses, unless they are grooming them in the car, there should be no issues with any pet hair, heck I clean up more human hair than I ever had to with pet hair.
> Maybe you suburbanites should not be in this line of business, just my opinion.


Have you read any of my other posts? I'm not making any excuses here - for service dogs. My job isn't to transport someone's pets if I don't want to. I don't get that choice (nor should I) when it comes to service dogs.

Not all dogs fit between owners legs. You want to transport my german shepherds and me and see how much dog hair gets in your car on a short ride? Trust me, there will be a lot. I have another personal car for that reason alone. I don't put them in my work car because of the mess they make. If I don't put my own pets in that car, why should I accommodate yours?

And I've been in this business long before uber was around. I think I have a general feel if I'm fit for this line of work or not by now, but thanks.


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## The_One (Sep 9, 2015)

EcoboostMKS said:


> That's your right, but it's also your right to not allow someone's pet in your car. When it comes to service animals, that's a different story. You have to allow it.
> 
> Have you read any of my other posts? I'm not making any excuses here - for service dogs. My job isn't to transport someone's pets if I don't want to. I don't get that choice (nor should I) when it comes to service dogs.
> 
> ...


So if someone with a German Shepherd service dog needs to be transported you will refuse them, a dog is a dog, service dog or not it does not change the fact that it's still a dog. 
I have had pit bull terriers to small lap dogs in my car, never had any issues with the animals or their hair, if anything it takes less than 2 minutes to clean up any hair they might have left behind, and it's only like 5% if less of my fares where someone NEEDS to bring their pet along.


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## EcoboostMKS (Nov 6, 2015)

The_One said:


> So if someone with a German Shepherd service dog needs to be transported you will refuse them, a dog is a dog, service dog or not it does not change the fact that it's still a dog.
> I have had pit bull terriers to small lap dogs in my car, never had any issues with the animals or their hair, if anything it takes less than 2 minutes to clean up any hair they might have left behind, and it's only like 5% if less of my fares where someone NEEDS to bring their pet along.


I'd absolutely let a german shepherd service dog in my car. Any service dog is welcome in my car.

There's a big difference between a service dog and a pet. I'll deal with the cleanup for a service dog. I won't and don't have to for a pet.


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## Neil Yaremchuk (Sep 28, 2015)

I'll say it again, this was in no way a service dog. It was a pet with one foot in the grave. Rider in no way offered any indication it was a service dog because if it was a service dog, they would have immediately offered that information. I, in no way, was discriminatory. That being said, even if it was a service dog, I would have to stop driving and vacuum the vehicle out and wipe it down after the ride to keep my allergies, my children's allergies and the potential of a future passenger's allergies at bay as I have a responsibility to all passenger's safety. Also note, riders are not allowed to eat anything with peanuts or tree nuts for the very same reason. So I make pennies on the fare and now have additional overhead costs of immediately cleaning and sanitizing the vehicle not to mention lost drive time. So to accommodate others, I lose. The Uber rep from Detroit said there are thousands of available drivers in the Metro Area alone. Can't one of the available thousands take the fare? If you can request AUX cables, why is it that you can't make a note on the service animal so that I can immediately know to decline the request and another able driver can take the request instead? I'm not sure how me going into a dander induced asthmatic attack helps service the rider.

Again, is Uber a transportation company or a tech company? The area is graying here.


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## The_One (Sep 9, 2015)

Neil Yaremchuk said:


> I'll say it again, this was in no way a service dog. It was a pet with one foot in the grave. Rider in no way offered any indication it was a service dog because if it was a service dog, they would have immediately offered that information. I, in no way, was discriminatory. That being said, even if it was a service dog, I would have to stop driving and vacuum the vehicle out and wipe it down after the ride to keep my allergies, my children's allergies and the potential of a future passenger's allergies at bay as I have a responsibility to all passenger's safety. This takes time and time is money. So I make pennies on the fare and now have additional overhead costs of immediately cleaning and sanitizing the vehicle not to mention lost drive time. So to accommodate others, I lose. The Uber rep from Detroit said there are thousands of available drivers in the Metro Area alone. Can't one of the available thousands take the fare? If you can request AUX cables, why is it that you can't make a note on the service animal so that I can immediately know to decline the request and another able driver can take the request instead? I'm not sure how me going into a dander induced asthmatic attack helps service the rider.
> 
> Again, is Uber a transportation company or a tech company? The area is graying here.


Why are you stressing yourself out, just do something else, that's all, nothing will change.


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## Neil Yaremchuk (Sep 28, 2015)

Good point. While I like the flexibility of driving, this just isn't working out financially and otherwise. Fear not Metro Detroit Uber riders, there are thousands of drivers available...or is there?


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## sidewazzz (Jun 30, 2015)

EcoboostMKS said:


> The problem with that is people can and do lie. You know how many people I've picked up at JFK or LGA with their dogs that they've passed off as service dogs so they can ride on the plane with their owners? I personally find it disgusting to do, but it happens a lot. And most can't or won't question it once they say their dogs are service dogs.


People that lie have no clue there is a difference between a companion dogs vs a service dog. This is why ypu ask if its a companiin dog. Trust me I was a dog trainer. The second they agree to having a companion dog cancel the ride. It's simple.


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## EcoboostMKS (Nov 6, 2015)

sidewazzz said:


> People that lie have no clue there is a difference between a companion dogs vs a service dog. This is why ypu ask if its a companiin dog. Trust me I was a dog trainer. The second they agree to having a companion dog cancel the ride. It's simple.


People will also try to pull the "he's like a service dog" or "he's a therapy dog". A therapy dog is much different than a service dog. They do not get, nor should get, the same rights.


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## sidewazzz (Jun 30, 2015)

EcoboostMKS said:


> People will also try to pull the "he's like a service dog" or "he's a therapy dog". A therapy dog is much different than a service dog. They do not get, nor should get, the same rights.


That's what you're not getting. Like service dog or therapy dog are not SERVICE DOGS. If a pax claims anything else besides a service dog, cancel their ride. UBER can't say anything and if they do provide them with exactly what happened.


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## EcoboostMKS (Nov 6, 2015)

Neil Yaremchuk said:


> I'll say it again, this was in no way a service dog. It was a pet with one foot in the grave. Rider in no way offered any indication it was a service dog because if it was a service dog, they would have immediately offered that information.


A service dog is not required to have any kind of service dog tags or identification. It's common that they do so people don't come up to the dog while it's working as a common courtesy, but is not required. There's also no age limit for service dogs. Even old ones can be one.



Neil Yaremchuk said:


> why is it that you can't make a note on the service animal so that I can immediately know to decline the request and another able driver can take the request instead? I'm not sure how me going into a dander induced asthmatic attack helps service the rider.


Because that gives people the opportunity to discriminate because of a disability and that's illegal.


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## EcoboostMKS (Nov 6, 2015)

sidewazzz said:


> That's what you're not getting. Like service dog or therapy dog are not SERVICE DOGS. If a pax claims anything else besides a service dog, cancel their ride. UBER can't say anything and if they do provide them with exactly what happened.


I think we're misunderstanding each other because I completely agree with you. Service dogs only are required by law. Anything else, and that includes therapy dogs, cancel away if you want.


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## Another Uber Driver (May 27, 2015)

Neil Yaremchuk said:


> is Uber a transportation company or a tech company?


...........and it may be something like this by means of which the leap is made from "technology" to "transportation".....................


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## UberBeemer (Oct 23, 2015)

Neil Yaremchuk said:


> I refused a ride on Saturday from a couple who brought a dog into my vehicle. This was not a visibly marked service dog such as you would see with leader dogs nor did the couple identify the dog as a service dog. This was an aged lap dog (Bichon Frisse, Maltese or poodle type dog) and was clearly a pet. My past experiences with people who have service dogs, of any kind, is that they make it very clear up front that it is a service dog and in no way keep that information a secret. This part I have no objection to because it promotes clear communication between all parties involved. However, when you get jerk off pet owners who have pet attachment issues and bring their dog everywhere from airplanes to the grocery store, it's just poor social etiquette.
> 
> Why did I refuse the ride in the first place? Both myself and my children have severe allergies to dogs and cats per several rounds of allergy testing. We avoid pets at all costs to avoid reactions and take this seriously. Since Uber doesn't supply the vehicle and I'm an IC, I felt I was within my rights to refuse the ride. Apparently, I am not according to the lengthy conversation with Uber support today. As a driver, the rights of the rider trump yours. Ain't that some shit! Uber is completely reactive about this and up until now has provided me with zero education about ADA compliance. Amazing how far away from being a true IC we are and more like employees.
> 
> Here is the follow up email from Uber:


[Edited]
Neil, it sounds as though your severe allergy constitutes a disability, and seems that might be important to the issue. Sadly the Uber stance is foggy. While it's correct that it is against the law to refuse service to disabled people, they (Uber) aren't refusing service. As an IC, I'd think you ought to be able to say no to a dog in your car, since you should be able to provide a doctor's note and an explanation that it is a health concern for you, and offer to cancel and let them find another Uber. The law might be the law, but in the words of an attorney I once worked for, the law protects the reasonable man.

Get that allergy documented and provide that to Uber, and keep a copy in your car. Consider asking the rider the question of whether it's a companion dog. I suspect most people would respect the fact that you've got a serious allergy and just ping for another driver.

For what its worth, I don't agree with it, but I thought the suggestion to offer the dog a ride in the trunk was amusing.


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## FlDriver (Oct 16, 2015)

EcoboostMKS said:


> Common human decency, people. If someone legitimately needs their service dog, it rides with the passenger and it shouldn't be a problem. These people need their dogs to get through life.


That's NOT what this thread is about. It's about people who aren't disabled trying to pass their pets off as service animals so they can take them where pets aren't typically allowed.


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## Muffinscupcake (Oct 30, 2015)

EcoboostMKS said:


> A service dog needs to be treated like any other piece of medical equipment. Would you tell someone they can't put their wheel chair in the car (assuming it has no problem fitting) just because you don't want it in your car? Same thing here with service dogs.
> 
> And allergies is no excuse according to the law just like the uber rep explained in the email. I'd post a link to the ADA website, but don't have enough posts yet to allow a link. It's very clear that it's no excuse.
> 
> ...


Not as long as the pax can put the wheelchair in themselves . Im 5 feet tall and i weigh 100 pounds soaking wet with boots on and a brick in my pocket . Even if I could lift a wheelchair , i wont because im not paid enough for that


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## Avi-ator (Sep 18, 2015)

sidewazzz said:


> People that lie have no clue there is a difference between a companion dogs vs a service dog. This is why ypu ask if its a companiin dog. Trust me I was a dog trainer. The second they agree to having a companion dog cancel the ride. It's simple.


Providing of course the dog owner would have the integrity to own up to their words. How many you think would admit they said companion and not service after they get upset and begin that complaint with uber?

It appears the law does ignore the important issue of allergies. Things can get sideways pretty fast with a bad allergic reaction behind the wheel. I find it difficult to understand why reasonable accommodations can't be made for both. Driver registers allergy certification with uber, uber flags account, uber also flags rider account during sign up to indicate whether they would need accommodation for a service dog. A one time question. I think that's a fair question considering the implications of that pool ride with 4 allergic pax, 1 allergic driver + 1 dog wedged on the floor behind the front driver seat with nowhere to go.

Another post said uber can do more but won't, I agree. There's a lot about Uber's culture that reflect gross disregard for drivers, from their communication (or lack of), to arbitrary 'punishment', to hiding from the nuances of city laws, to shouldering as little responsibility as they can get away with, so no surprise this is any different.


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## FormerUber (Sep 29, 2015)

EcoboostMKS said:


> Then you're opening yourself up to a discrimination lawsuit or possible termination from job. That's your prerogative if you want knowingly break the law. Just be prepared to be subject to possible consequences.


Tyranny of the minorities!


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## Tasha BOSWELL (Feb 11, 2017)

Actually uber cannot legally let you go for this. I have this issue where I use my personal vehicle for uber. I have a 11 year old daughter who goes into Anaphylaxis shock with animal hair. She gets in my vehicle this is the only one I have. After speaking to an attorney and the American disability Rep myself and my daughter are protected under this law. Her sever reaction to animal fur makes her disabled and she has the right to use of my vehicle and I have the right to drive. I guess uber didn't do thier homework before deactivating my account because I have proof and there is a clause put into place because the disabilty act was sued for this very reason by a person family like her who died. So they informed me the clause is on the website. My account was deactivated making this case now discrimination against a disabled person for myself and my daughter. If you don't belive me please call the DC number push 1 to listen to the recording it gives you the option to speak to them. They will tell you that there is a clause that protects people with several allergies and considers them disabled as well. My account should not have been deactivated. They stopped responding to me because I said I was getting an attorney involved which I had not obtained yet at that time. Steve also got mad because he told me he was recording me and I said I am recording you as well. In our state you can legally do that. Because you are recording your self already. I guess he missed that law as well. People do your research as long as you have Anaphylaxis shock like my daughter they have to route those case to some one else other wise they have broke the law. Obtain an attorney to protect your rights because they are not breaking the law now you if the allergies are considered a disabilty like my child. I sent them her letters from the hospital her doctor was willing to speak to them and they stopped contacting me back shut my account down broke the law against me for something I am protected from. She is a minor so I am protected because of that. If anyone wants to hear the ad response email me I will post the clause section in a bit waiting for them to send it.


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## Michael - Cleveland (Jan 1, 2015)

Tasha BOSWELL said:


> ...she has the right to use of my vehicle and I have the right to drive... They will tell you that there is a clause that protects people with several allergies and considers them disabled as well.


True enough - but what your atty and rep missed is that you don't enjoy a 'right' to drive Uber. Having a daughter with a disability is not a 'protected class' (like gender, nationality, religion, etc) and is not the same thing as you having a disability... Neither your daughter (disabled or not) nor anyone else is permitted to be in the car when you are driving for Uber without the permission of the passenger.

If you cannot meet Uber's standards and policies - which include ADA compliance in order to serve ADA protected clients - then Uber has every right to deny you access to the driver app. As far as Uber is concerned, it's no different than denying you access to the driver app because you can't provide a 4 door vehicle - it has nothing to do with your daughter. If you want to drive with Uber, you do have the option (as impractical as that may be for you) to buy or lease a qualifying vehicle - or have your car professionally cleansed/detailed/disinfected after transporting a service animal.

If you pursue an action against Uber - please do share the outcome here!

Thanks for posting.


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## Tasha BOSWELL (Feb 11, 2017)

It wasn't my attorney it was that actual AzdA that informed me and because you guys finned me based on the fact that this would harm my daughter or could result in death is where you will be in trouble with them. That's is like denying a person with a dog. My child is disabled even without the allergies and because she is a minor I am covered through this act for my personal vehicle. Bottom line y'all didn't read the clause stating I am exempt meaning you are not required to have me accept people with service animals. I am exempt because of her allergies and this I my personal vehicle. As they stated you failed to accommodate me and my family and that's where the law was broken. I would not be disabled had you not been told we had to do this and when I provided proof that I could not your Rep Steve got told me I had to no matter what. After I agreed to do it and said if something happens to my child I am suing y'all because you were told and I am exempt from this because they considered Anaphylaxis shock to animals a disability. Steve then stated I am recording you saying you agree I said I am recording this as well for my records. He said I don't agree to being recorded so I am deactivating your account. After I agreed to do it. You can't say you are recording me and you don't agree to be recorded when you our recording us both to begin with. You don't have anything to do with this you were not there and have not heard the recordings so if I were you guys I would not make this worse on yourselfs. Your company has violated several laws were this case is concerned amongst other things y'all have done to us drivers. You Farley disabled my account for something I was exempt from costing me missing wages undue hardship etc.... your company also said basically screw my daughter who is disabled. We're do I began. The ADA advice to me is to get an attorney because one the recording shows me agreeing before he hung up for two you could not require me to do it anyway because of her disabilty. You were supposed to find a way to acoomedations us meaning route those calls to other people. You can't stop me from working because it my car and my daughter could die. As I stated they changed the law because this already happend. So when you lie and say if I could not do what you guys asked me to you obviously didn't hear the tape where I agree after saying because I told you I was exempt I been through this with her school so I knew already. But since you guys cut me off after saying I was recording the same call he was with us both on it was one thing you did wrong. Then I said I would get an attorney before he hung up and they refused to speak to me even though it was Sunday night and I had not hired one yet. All this is proof in the emails I sent to y'all. I went to the local office they didn't help me either. Y'all should have studied the law before doing this but you didn't so now I have a case against y'all or discrimination and discrimination against a disabled family member. Just because you are a big corporation doesn't mean you won't pay for your mistakes. Maybe y'all will understand when the local news runs the story as well I am sure there are other drivers in this situation so can you say class action. So this is on y'all you should learn the disabilty laws before doing stuff. I was deactivated after I agreed to transport putting my daughters reaction on y'all and because I said attorney even though no one was retained yet and for recording the same conversation he was. How can you not agree to be recorded buy uou really being recorded with me sounds dumb. Let's see what happens. I have the eeoc and ada to back me as proof study the law more I didn't nothing wrong goodnight! Hope it was worth it! I agreed to it so I was following the policy your Rep said it was Wisconsin policy's I called them and Washington Ada and I have the response on recording. Even if I had of said no again I am protected from having to do that because my daughter could die she has a epi pen. A dog jumped on her in the pet store kicked her in the face and her eyes swelled shut throat closed breathing was labored Hives and the paramedics were called she kept reacting days later became of the dogs hair I didn't notice on her seat from her clothes. So she can't be around animals in the class room because her disabilty trumps everything and is life or deat so they put this new clause in exempting people with proof you don't belive me call them they will tell you. Don't leave out the fact that she goes in Anaphylaxis shock and had a epi pin also see what they say DC is federal your Rep said Wisconsin told them they had to do this so I called them they said the same thing we are exempt you failed to accommodate that. So you violated the disabilty act right there. Have a good night this was not a complsint this wsukesha knowledge for other drivers with proof and in this situation. 




Sent via the Samsung Galaxy S7 edge, an AT&T 4G LTE smartphone


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## Michael - Cleveland (Jan 1, 2015)

Tasha BOSWELL said:


> It wasn't my attorney it was that actual AzdA that informed me and because you guys finned me based on the fact that this would harm my daughter or could result in death is where you will be in trouble with them. That's is like denying a person with a dog. My child is disabled even without the allergies and because she is a minor I am covered through this act for my personal vehicle. Bottom line y'all didn't read the clause stating I am exempt meaning you are not required to have me accept people with service animals. I am exempt because of her allergies and this I my personal vehicle. As they stated you failed to accommodate me and my family and that's where the law was broken. I would not be disabled had you not been told we had to do this and when I provided proof that I could not your Rep Steve got told me I had to no matter what. After I agreed to do it and said if something happens to my child I am suing y'all because you were told and I am exempt from this because they considered Anaphylaxis shock to animals a disability. Steve then stated I am recording you saying you agree I said I am recording this as well for my records. He said I don't agree to being recorded so I am deactivating your account. After I agreed to do it. You can't say you are recording me and you don't agree to be recorded when you our recording us both to begin with. You don't have anything to do with this you were not there and have not heard the recordings so if I were you guys I would not make this worse on yourselfs. Your company has violated several laws were this case is concerned amongst other things y'all have done to us drivers. You Farley disabled my account for something I was exempt from costing me missing wages undue hardship etc.... your company also said basically screw my daughter who is disabled. We're do I began. The ADA advice to me is to get an attorney because one the recording shows me agreeing before he hung up for two you could not require me to do it anyway because of her disabilty. You were supposed to find a way to acoomedations us meaning route those calls to other people. You can't stop me from working because it my car and my daughter could die. As I stated they changed the law because this already happend. So when you lie and say if I could not do what you guys asked me to you obviously didn't hear the tape where I agree after saying because I told you I was exempt I been through this with her school so I knew already. But since you guys cut me off after saying I was recording the same call he was with us both on it was one thing you did wrong. Then I said I would get an attorney before he hung up and they refused to speak to me even though it was Sunday night and I had not hired one yet. All this is proof in the emails I sent to y'all. I went to the local office they didn't help me either. Y'all should have studied the law before doing this but you didn't so now I have a case against y'all or discrimination and discrimination against a disabled family member. Just because you are a big corporation doesn't mean you won't pay for your mistakes. Maybe y'all will understand when the local news runs the story as well I am sure there are other drivers in this situation so can you say class action. So this is on y'all you should learn the disabilty laws before doing stuff. I was deactivated after I agreed to transport putting my daughters reaction on y'all and because I said attorney even though no one was retained yet and for recording the same conversation he was. How can you not agree to be recorded buy uou really being recorded with me sounds dumb. Let's see what happens. I have the eeoc and ada to back me as proof study the law more I didn't nothing wrong goodnight! Hope it was worth it! I agreed to it so I was following the policy your Rep said it was Wisconsin policy's I called them and Washington Ada and I have the response on recording. Even if I had of said no again I am protected from having to do that because my daughter could die she has a epi pen. A dog jumped on her in the pet store kicked her in the face and her eyes swelled shut throat closed breathing was labored Hives and the paramedics were called she kept reacting days later became of the dogs hair I didn't notice on her seat from her clothes. So she can't be around animals in the class room because her disabilty trumps everything and is life or deat so they put this new clause in exempting people with proof you don't belive me call them they will tell you. Don't leave out the fact that she goes in Anaphylaxis shock and had a epi pin also see what they say DC is federal your Rep said Wisconsin told them they had to do this so I called them they said the same thing we are exempt you failed to accommodate that. So you violated the disabilty act right there. Have a good night this was not a complsint this wsukesha knowledge for other drivers with proof and in this situation.


As I said - do let us know the results if you pursue action against Uber. I suspect you (and because of how you described it to them, the rep and the atty you spoke with) are conflating two different issues and you will find that central to the issue is that Uber has no obligation to offer you a work agreement or obligation to provide you access to the driver app. Best wishes!

...

A person's ability to perform the job to begin with is central to a company's determination of whether to hire. A school, for example, is not in violation of the ADA for terminating a crossing-guard who loses their sight.

The more I think about your claim, the more I realize that your demanding that Uber provide you access to the driver app when you have a daughter who could potentially be harmed by your choice to drive for Uber is akin to a claim you make against a pet transportation company who denies you employment because you are unable to transport animals. Hell, knowing Uber, they'd report you to CPS for investigation of child endangerment if you insist to them that you want to work in a job that could harm your daughter!


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## Trebor (Apr 22, 2015)

Michael - Cleveland said:


> My response:
> 
> _Dear Uber -
> Thanks for the info.
> ...


Having a obsessive attachment to your pet could very well be a mental disorder in itself.

#beastality


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## Mars Troll Number 4 (Oct 30, 2015)

http://k94life.org/seizure-alert/

Here's something you need to read bro,

It's called a siezure alert dog. They are trained speshul.

_CPL Seizure Alert Dogs give these individuals greater independence that improves their quality of life by alerting up to an hour ahead of time that a seizure is imminent giving their partners time to take precautions such as lying down or leaving crowded environments. This helps prevent serious injuries due to falls. _

Another thing.. people with severe epilepsy can't have driver's licenses in many many places. Not every dog that isn't a seeing eye dog is some hippy crap like emotional support BS (no offense to anyone). You never know what reason someone has these animals.

I have a regular with one of these dogs. The first time I picked him up he had a service dog with him and he told me it was a service dog and i was smart enough not to fight with him about it. Dog's don't really bother me either. He had told me that he couldn't drive because of his epilepsy which is a very common thing. I gave him my card so he could call me for taxi rides, and whatever reason he kept calling me back.

One day i'm taking him home from work and he tells "i don't feel right, take me to the E.R. if i start seizing pull over". At the ER he then throws his credit card at me says "give yourself $20, turn in my card to Mears' lost and found if you can't find me" and runs into the hospital. I follow him in after I run his credit card and he was lying on the ground surrounded by hospital staff as he was having a full on seizure.

That was the day that the E.R. staff explained what his dog was for.

don't judge a dog by it's cover.


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## DocT (Jul 16, 2015)

Mears Troll Number 4 said:


> http://k94life.org/seizure-alert/
> 
> Here's something you need to read bro,
> 
> ...


I read the link. Wow, that's amazing! I didn't know certain dogs have that ability.


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## Trump Economics (Jul 29, 2015)

Neil Yaremchuk said:


> I refused a ride on Saturday from a couple who brought a dog into my vehicle. This was not a visibly marked service dog such as you would see with leader dogs nor did the couple identify the dog as a service dog. This was an aged lap dog (Bichon Frisse, Maltese or poodle type dog) and was clearly a pet. My past experiences with people who have service dogs, of any kind, is that they make it very clear up front that it is a service dog and in no way keep that information a secret. This part I have no objection to because it promotes clear communication between all parties involved. However, when you get jerk off pet owners who have pet attachment issues and bring their dog everywhere from airplanes to the grocery store, it's just poor social etiquette.
> 
> Why did I refuse the ride in the first place? Both myself and my children have severe allergies to dogs and cats per several rounds of allergy testing. We avoid pets at all costs to avoid reactions and take this seriously. Since Uber doesn't supply the vehicle and I'm an IC, I felt I was within my rights to refuse the ride. Apparently, I am not according to the lengthy conversation with Uber support today. As a driver, the rights of the rider trump yours. Ain't that some shit! Uber is completely reactive about this and up until now has provided me with zero education about ADA compliance. Amazing how far away from being a true IC we are and more like employees.
> 
> ...


*OMG, OMG PROBLEM SOLVED!*

If you see someone coming with an animal, just cancel the call immediately -- *problem solved. *How can anyone prove that you didn't cancel because you had to go to the bathroom?

Not saying it's right, but if animals are an issue for you, *problem solved.* And it's not like the person with a disability won't get a ride, it's just means they'll have to wait for a new car -- like me (I don't mind animals of any kind, but I will request a cleaning fee if appropriate)

Once again, you can't have a complaint lodged against you from a person you never picked up.

_*OMG, OMG PROBLEM SOLVED!*_


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## Michael - Cleveland (Jan 1, 2015)

Brannens posted this but I inadvertently deleted it ... so I'm reposting it for him!


elelegido said:


> There's an easy solution to this. Nowhere in the ADA does it specify where the animal has to ride in cabs. Just say you will take the aninal as long as it rides in the trunk. The pax can't complain as you have not refused to take it and they will probably not want poor little Mutley to ride in the trunk. If the pax says that they must be with the dog at all times, say that they are welcome to ride in the trunk too if they prefer.
> 
> Problem solved.


http://abcnews.go.com/Health/Allerg...es-eye-dog-ride-trunk-fined/story?id=13791380
*Allergic Cabbie Fined for Forcing Service Dog to Ride in Trunk*
June 2011 ABC News

A Colorado cab driver has been suspended from his job after forcing a blind woman to stow her seeing-eye dog in the trunk because of his pet allergies.

Denver resident Judie Brown was confused when the cabbie told her that the dog had to ride "in the back" of the cab because of he was allergic. When she asked, "Where in the back?" the driver responded "In the trunk," Brown told ABC News affiliate in Denver KMGH 7.

Late for an appointment, Brown reluctantly agreed. The black lab, Alberto, who has been Brown's service dog for four years, whined during the entire ride in the trunk. "It was terribly wrong," Brown said of the situation, and the law is on her side: Colorado state law protects service dogs and their owners, allowing them to ride together in taxis and public transport.

The driver, whose name hasn't been provided by Union Taxi, has since been suspended and fined by the state for violating this law, according to KMGH 7. The cab company declined to comment to ABC News.

The situation embodies a common conflict between those with dog allergies and those requiring service dogs for a disability. Disability laws protect those with service dogs, but do not usually protect those with allergies.

Taxi cabs and restaurants commonly pose a problem for those with service dogs, says Marion Gwizdala, president of the National Association of Guide Dog Users.

"Most states have criminal penalties for refusing access to service dogs, but one of the major issues is that generally there's ignorance of this law. The Department of Justice clearly states that allergies and fear of animals are not reasons to deny service animals -- unless the allergy rises to the level of disability," he says.

If a cab driver can prove that his/her allergy to dogs constitutes a disability, then there would be a conflict as to whose rights are superior, Gwindzala says. But how often is a dog allergy severe enough to qualify as a disability?

Someone with asthma could have a severe asthma attack triggered by having a dog in the car, which could be threatening to his/her health, according to James Sublett.,chair of the Indoor Environments Committee at the American College of Allergy, Asthma & Immunology. While most dog allergy reactions trigger milder symptoms such as nasal congestion, sneezing, and skin rashes, in severe cases, the eyes can swell shut with inflammation -- a reaction that would certainly affect one's ability to drive a cab, he says.

Even for those with merely annoying symptoms, one ride with a dog could leave dander in the car for several weeks unless cleaned thoroughly, Sublett says.

Given the laws that protect service dogs, what's an allergic cabbie to do?

"The driver has a reasonable right to avoid contamination of his cab with dog dander," says Miles Weinberger, director of the Pediatric Allergy and Pulmonary Division at the University of Iowa.

However, he adds, the driver also has an "obligation to ensure that an alternative taxi is promptly available. Putting the dog in the trunk is not an acceptable alternative."


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## Gooberlifturwallet (Feb 18, 2017)

I had a couple get in the car yesterday with their "service animals". I said "You can't get in here with those filthy service animals!" Wombat says "These aren't service animals. They're our pet people!" I had to let them ride according to UberLyfting regulations. Damn people pooped on the leather seats and gave me 1 star.


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## Amsoil Uber Connect (Jan 14, 2015)

I'll remind those who get deactivated to find the law in your State, visit Animal Control Services, file a compliant and press charges, if you have a good faith belief the pet is NOT a "Service Animal". Must have a valid address and disscription of there pet.

Here is California's Penal Code sec 365.7 as follows ,...

(a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(b) As used in this section, "owner" means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog.

_(Added by Stats. 1994, Ch. 1257, Sec. 12. Effective January 1, 1995.)_


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## Aztek98 (Jul 23, 2015)

I'm lucky I'm not allergic to dogs. 3000+ rides and 3 dogs in my car. Seems like a rare occurrence.

Then again I'm not allergic
..
.


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## uberebu (Jan 13, 2017)

Accommodations can be made within a workplace. As Uber contractor's our workplace is the Uber Platform. 

Might be smart to keep an extra $20 Uber giftcard handy and offer it to them for the inconvenience of having to cancel no charge to them and order another.

If not just give them fair warning that your larynx will swell up in 5 minutes and that you will be passing out behind the wheel. 

And then ask them if they would like to keep you or take me up on my offer


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## Amsoil Uber Connect (Jan 14, 2015)

uberebu said:


> Accommodations can be made within a workplace. As Uber contractor's our workplace is the Uber Platform.
> 
> Might be smart to keep an extra $20 Uber giftcard handy and offer it to them for the inconvenience of having to cancel no charge to them and order another.
> 
> ...


The work place is your car. The app is what gets people there. smh....

Apparently you have not read the Federal law. Some people are going to have to Die first and before the law gets challenged in court.

Will you still be driving by then ?

Practice what you Preach. You go first.


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## TedInTampa (Apr 5, 2017)

Uber could easily work around the law (not breaking it) by flagging which drivers have allergies to pets and on sign up for riders have them note if they have a service animal. Then, those with allergies don't show on the disabled user'a app, and someone else is summoned. Perhaps all riders could see under those driver's name could have an "allergies" link under it.


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## DocT (Jul 16, 2015)

TedInTampa said:


> Uber could easily work around the law (not breaking it) by flagging which drivers have allergies to pets and on sign up for riders have them note if they have a service animal. Then, those with allergies don't show on the disabled user'a app, and someone else is summoned. Perhaps all riders could see under those driver's name could have an "allergies" link under it.


That would be nice of Uber to "flag" the driver as you described. But, this is Uber. You'd have a better chance of winning the lotto than Uber treating the drivers better or listening AND acting in favor to our concerns.


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## uberebu (Jan 13, 2017)

Amsoil Uber Connect said:


> The work place is your car. The app is what gets people there. smh....
> 
> Apparently you have not read the Federal law. Some people are going to have to Die first and before the law gets challenged in court.
> 
> ...


I stand by what I said. I will not refuse access to the Uber platform. I will help them ensure the safest possible passage even if it doesn't involve my car. That is not discrimination. It is being compassionate. And if they are a true service animal person the will understand as they always do.

They've all been very grateful that I was so thoughtful.

Again...I do not refuse service, therefore there is nothing to complain about.


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## Amsoil Uber Connect (Jan 14, 2015)

Tell me just how Compassionate you will feel when the owner of said dog lies to you, straight in your face, complains to uber and uber sides with them and you get deactivated.

Under Federal Law, a Service Animal should have some kind of identification on them so that there is no question that it it a Service Animal..

A classic example is the Lyft video. That dog is a LEGIT Service Animal, not someones pet.

I even saw one in the Paris Casino a few days ago much like the one in the video cept black. There was no question.


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## uberebu (Jan 13, 2017)

Boy y'all know how to bluster. 

Please show me how I refused service above? Because those that I have served as such thought it wonderful that someone go so far out of there way for them. 

Maybe you're just missing the point. 

It's called being nice. It's ****** bags that are the problem. 

Refusal is the issue. And people with disabilities are full aware that special circumstances sometimes require special accommodations.

Maybe you should try it in real life. Or you can just find something that works for you.


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## uberebu (Jan 13, 2017)

It's called reasonable accommodations.

The key is to not deny service at any point. And offering other equivalent service at no additional cost to the disabled IS fulfilling the requirements of the ADA.

At no point refuse service. Continue from the time you pull up till the time they are rolling down. The road.

At this point they have to allow you to meet their need through reasonable accommodation which will take longer. Usually 20 minutes. They are used to it just like people that need wheelchair transport.

Most of the time they're just so happy to see someone who cares, they become extremely apologetic, cancel, and reorder. But occasionally I get to make a new friend.

And a $2 Begging Strip in your glove box for the pup won't hurt.

All they really want is basic service, and that is what has been denied so many times. What I do is go way above and beyond.

And for good measure I pull out all the pills and my epipen. Holy $#it is the usual response to my bloated Ziploc freezer bag.

All of the extreme language in the ADA is in there for ****** bags that don't know how or want to be nice.

30 years in the service industry has taught me that service takes all forms. It's always individual if done right, and therefore unique.

Here is an example that proves my case. https://seejanego.co/ask-jane/#faq9

All that I have mentioned is ONE way of complying with the ADA, while satisfying the riders request, through reasonable accommodation.

Uber doesn't guarantee a specific time of arrival, specific time of departure, specific car or driver, just that the pax will be ferried at no additional cost related to disability.

They're not asking drivers to get behind the wheel and put themselves and others in danger.

Although I am prepared to call local law enforcement if needed.

And again, do not refuse service at any point. Yes the service will be different than what you are used to and it will be a write off for you.

Suck it up buttercup and get back out on the road. All of my base and below are belong to you. There's Pool and Line riders out there waiting to be matched with their Hyper-miler...

Next


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## uberebu (Jan 13, 2017)

_How to effectively provide reasonable accommodations in a situation where refusal of service is not an option and still maintain your position on not having any animals in your car while meeting the ADA's requirements._

_*WHAT HAPPENS IF A MAN HAILS A SEE JANE GO?*_

It is unlawful for us to refuse service to a man, and Jane doesn't want to do jail time because horizontal stripes are not flattering. In an effort to stay out of the slammer and meet the needs of mobile men, while still keeping our promise of a women-driving-women service, we will work together with another popular ride hail service to arrange a ride for him immediately.

He will receive Jane pricing and will use the Jane app to receive his ride. Most likely he will be picked up by a man, as the majority of other ride hail services have male drivers. Sending a man to our competition? Oh yes we will. Why? 'Cause it's the right thing to do. (mic drop)

Well what do you know. Problem solved boys...Looks like us epi-pen carrying geeks have ADA rights too. Maybe I should sue Uber for denying me my ADA rights...LoL
*
Does the ADA Apply to People with Asthma and Allergies?

Yes.* In both the ADA and Section 504, a person with a disability is someone who has a physical or mental impairment that seriously limits one or more major life activities, or who is regarded as having such impairments. Asthma and allergies are usually considered disabilities under the ADA.

Major life activities include:

*Breathing*
Eating
*Working*
Going to school
In 2008, the ADA was changed to include more people in the definition of "disabled." Conditions that only show symptoms at certain times are now included. Asthma and allergies fit this definition. The ADA protects people with asthma and allergies even if reactions or attacks happen only when triggered. The ADA can help to create an environment where patients can avoid their triggers.

Also, use of medical aids or devices can no longer exclude them from ADA coverage. For example, it used to be that people with asthma who got relief from an inhaler were not covered by the ADA. The inhaler was thought to have removed the disability. With the 2008 changes, the ADA covers people with asthma and allergies even if medication controls their symptoms.

*How Does the ADA Work?*
The ADA helps people with asthma and allergies create safer, healthier environments where they work, shop and eat. It also helps people who attend public schools and non-religious private schools, even if those schools do not receive federal funding. For example, a private preschool may have to allow a child to use a quick-relief asthma inhaler during the day. Or, a company cannot refuse to hire a qualified person with food allergies because they may have to make the lunchroom allergy friendly.

In most cases, everyone works together to improve conditions and promote equal access and include those with disabilities. This is called an accommodation. Accommodations are made on an individual basis because the needs of each person vary depending upon the situation.

http://www.aafa.org/page/asthma-allergies-and-the-american-with-disabilities-act.aspx


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## Dback2004 (Nov 7, 2015)

Neil Yaremchuk said:


> This was not a visibly marked service dog such as you would see with leader dogs nor did the couple identify the dog as a service dog.


Service dogs are not required to be marked or carry documentation. See https://www.ada.gov/regs2010/service_animal_qa.html

As a dog owner I allow some pax to bring pets in my car if they appear to be responsible people and the pet appears to be well behaved. If the pet makes a mess I clean it up (nothing different than home) and submit for a cleaning fee. You can get a cleaning fee for a pet, just not a service dog. On a pax where I don't want to take the animal though, I like the idea of asking if it's a therapy pet or comfort animal then denying the ride. True service dog handlers will use the term "service dog" when you ask if it's a therapy or comfort animal.

Also if you think it's a fake or liar and they say it's a service dog, you're allowed to ask what task the dog performs. You can't ask for a demonstration, but many liars will get tripped up by this and admit to it being a comfort animal which gives you the right to cancel the ride. I'd make sure you get that on camera though, if they make an ADA claim to the TNC you're still likely to get deactivated and that video of the pax admitting it's not a service dog will be your only defense.


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## Woohaa (Jan 15, 2017)

elelegido said:


> There's an easy solution to this. Nowhere in the ADA does it specify where the animal has to ride in cabs. *Just say you will take the aninal as long as it rides in the trunk*.


LMAO!


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## KK2929 (Feb 9, 2017)

Neil Yaremchuk said:


> I refused a ride on Saturday from a couple who brought a dog into my vehicle. This was not a visibly marked service dog such as you would see with leader dogs nor did the couple identify the dog as a service dog. This was an aged lap dog (Bichon Frisse, Maltese or poodle type dog) and was clearly a pet. My past experiences with people who have service dogs, of any kind, is that they make it very clear up front that it is a service dog and in no way keep that information a secret. This part I have no objection to because it promotes clear communication between all parties involved. However, when you get jerk off pet owners who have pet attachment issues and bring their dog everywhere from airplanes to the grocery store, it's just poor social etiquette.
> 
> Why did I refuse the ride in the first place? Both myself and my children have severe allergies to dogs and cats per several rounds of allergy testing. We avoid pets at all costs to avoid reactions and take this seriously. Since Uber doesn't supply the vehicle and I'm an IC, I felt I was within my rights to refuse the ride. Apparently, I am not according to the lengthy conversation with Uber support today. As a driver, the rights of the rider trump yours. Ain't that some shit! Uber is completely reactive about this and up until now has provided me with zero education about ADA compliance. Amazing how far away from being a true IC we are and more like employees.
> 
> ...


Hi Neil - I, also, have severe allergies to dogs, cats & horses. I understand your position. I keep a sheet or light bedspread in my car and request that the owner have their animal stay on it. I, also, take a shammy ( pigskin sheet for washing car) soak it with Distilled water, wring it out and wipe down the back seat. The skin scratch test used by allergists to determine specifics will always show sensitivity to cat and dog for everyone. It is just the nature of the test. If you are sensitive to the danders on an animal, which most people are, wash you hands well after cleaning the car and most importantly, keep your hands away from your face, especially your eyes.
These people are not in the car for over 15 - 20 minutes. The hassle and trouble they can cause you if you refuse the ride is too great, even though it is aggravating. I rarely get riders with dogs, even though they are welcome in my car. Cats should always be in a carrier. No exceptions. 
And I absolutely would never ask a paxs if their dog is a service dog. It is none of my business and on several occasions, they have called me and told me that they have a service dog with them, just to give me a heads up.
I am an animal person but I, also, respect the opinions of people who are not.
Unfortunately, the law is the deciding factor here.


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## Amsoil Uber Connect (Jan 14, 2015)

Since you brought this to the top, once again... In California. Check your State for it's code.

*Penal Code - PEN*
*PART 1. OF CRIMES AND PUNISHMENTS [25 - 680]*
_ ( Part 1 enacted 1872. )_ 
*TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.5]*
_ ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. )_ 
*CHAPTER 12. Other Injuries to Persons [346 - 367g]*
_ ( Chapter 12 enacted 1872. )_ *
365.7. *
(a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(b) As used in this section, "owner" means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog.

_(Added by Stats. 1994, Ch. 1257, Sec. 12. Effective January 1, 1995.)_


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## Michael - Cleveland (Jan 1, 2015)

Amsoil Uber Connect said:


> *365.7. *(a) Any person who knowingly and fraudulently...


Thanks for posting the CA code.
That 'knowingly AND fraudulently takes all of teeth out of the law.
Our entitled riders think their pocket-pup is a legitimate service animal who clams their nerves.


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## KK2929 (Feb 9, 2017)

You will be getting into a dangerous area, if you start questioning people. Not only are there service dogs, there now is a category called Emotional Support dogs. For a 15 minute ride - take the dog and save yourself mucho trouble.


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## Brannens (Feb 8, 2016)

I can't believe you refused my service junk yard pitbull doggy. You can not refuse him just because you are afraid cuz he tried to rip your arm off lol


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## calowe1987 (Sep 21, 2017)

I have a question for you drivers out there. I have a service dog in training, he is a small miniature dachshund with perfect obedience, passed his AKC good Citizenship with flying colors, and we are currently perfecting his tasks. It’s my understanding that Arizona laws afford “in training” dogs the same/similar rights as full fledged dogs. I don’t want to be one of those people who flag a driver due to an allergy (I certainly respect someone else’s illness isn’t secondary to mine), so I’ve written up a text that I can copy and paste to send drivers immediately in case there is an issue. I’d simply like feedback on how drivers would feel about it.

Dear Driver,


I am alerting you ahead of pick up that I am traveling with my service dog in training. I will openly admit that I suffer from PTSD, and epilepsy; both conditions which he is being trained specific tasks to help mitigate my disabilities. According to Arizona law, he is still legally allowed anywhere a service dog is allowed for the purposes of training. He is a small dog that can easily ride on the floor, or on my lap.


“Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training subject to exceptions in law.”


If you have a problem with my traveling with him, please kindly cancel the ride quickly so I can rebook. I will not flag you if you have a problem with animals, I only ask you do it promptly so I’m not late to where I need to go.


Thank you in advance for your understanding.

Perfecting our tasks meaning he does them, but we are working out the kinks. For example...he used to bark at me when I was about to have a seizure but we are working on a less obstructive way to notify me.


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## Just Another Uber Drive (Jul 15, 2015)

calowe1987 said:


> I have a question for you drivers out there. I have a service dog in training, he is a small miniature dachshund with perfect obedience, passed his AKC good Citizenship with flying colors, and we are currently perfecting his tasks. It's my understanding that Arizona laws afford "in training" dogs the same/similar rights as full fledged dogs. I don't want to be one of those people who flag a driver due to an allergy (I certainly respect someone else's illness isn't secondary to mine), so I've written up a text that I can copy and paste to send drivers immediately in case there is an issue. I'd simply like feedback on how drivers would feel about it.
> 
> Dear Driver,
> 
> ...


To be honest I cancel on pretty much every pax who calls or texts me. But since you're providing me with information that is actually relevant to the trip at hand then I would respect the effort you made in messaging me. I would also respect your pooch. Just give me a moment to put down this tarp I carry for this very purpose and we'll be on our way to your destination.


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## calowe1987 (Sep 21, 2017)

Just Another Uber Drive said:


> To be honest I cancel on pretty much every pax who calls or texts me. But since you're providing me with information that is actually relevant to the trip at hand then I would respect the effort you made in messaging me. I would also respect your pooch. Just give me a moment to put down this tarp I carry for this very purpose and we'll be on our way to your destination.


Thank you. I know that allot of folks try to pass off pets or ESA's as service dogs, and it irritates me to no end. We didn't go through almost 2 years of training, and thousands of dollars with a doggy behavioralist to be grouped in with those people. I just figured advanced notice can save allot of hassle for all involved.


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## DocT (Jul 16, 2015)

calowe1987 said:


> I have a question for you drivers out there. I have a service dog in training, he is a small miniature dachshund with perfect obedience, passed his AKC good Citizenship with flying colors, and we are currently perfecting his tasks. It's my understanding that Arizona laws afford "in training" dogs the same/similar rights as full fledged dogs. I don't want to be one of those people who flag a driver due to an allergy (I certainly respect someone else's illness isn't secondary to mine), so I've written up a text that I can copy and paste to send drivers immediately in case there is an issue. I'd simply like feedback on how drivers would feel about it.
> 
> Dear Driver,
> 
> ...


Thank you for respecting your drivers.

Try to condense your message as much as possible. Your driver may be currently driving, and to read multiple txt messages all at once can be a bit distracting. I don't know what Arizona laws about texting and driving are, but here in California, it's against the law.


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## calowe1987 (Sep 21, 2017)

DocT said:


> Thank you for respecting your drivers.
> 
> Try to condense your message as much as possible. Your driver may be currently driving, and to read multiple txt messages all at once can be a bit distracting. I don't know what Arizona laws about texting and driving are, but here in California, it's against the law.


Of course I respect the folks that drive for Uber. It is a service that I now find myself in need of, and after reading all of these posts I don't want to be a bad rider. I'll make adjustments, or maybe call them if that'd be easier. I guess I could just say "I am traveling with a service dog in training, if that poses an issue of any kind please kindly cancel the trip so I can rebook. Any questions you may have I am happy to answer them". Or something like that anyway.


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## KK2929 (Feb 9, 2017)

calowe1987 said:


> I have a question for you drivers out there. I have a service dog in training, he is a small miniature dachshund with perfect obedience, passed his AKC good Citizenship with flying colors, and we are currently perfecting his tasks. It's my understanding that Arizona laws afford "in training" dogs the same/similar rights as full fledged dogs. I don't want to be one of those people who flag a driver due to an allergy (I certainly respect someone else's illness isn't secondary to mine), so I've written up a text that I can copy and paste to send drivers immediately in case there is an issue. I'd simply like feedback on how drivers would feel about it.
> 
> Dear Driver,
> 
> ...


________________________

As Doc T states - it is too long but great on explaining.

I would suggest -- allow extra time for yourself if extra trips have to be called for.
Do not ask the driver to cancel - you must cancel the ride within the 5 minute time period. If driver cancels it will count against them.
***************

Call the driver and state that you have a small short haired certified service dog with you. If it is a problem for you than I will cancel. 
*******************
That is all you have to say. Make certain that you state small dog that is certified as a Service Dog. You do not have to give so much information to a complete stranger just so you can get a ride.


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## wb6vpm (Mar 27, 2016)

ADA does not allow for allergies to exclude drivers from being able to refuse service:



> Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.


https://www.ada.gov/service_animals_2010.htm


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## aspiringnobody (Oct 13, 2016)

Seriously, this is not a problem at all. If you roll up and see a dog you don't want in your car, wait for the rider with doors locked, crack window and politely tell them that your service engine soon light came on while driving to the pickup and you need to have it checked out before accepting anymore rides. Be sure drive right to the nearest autozone and hang out for a few minutes before going back online.

You can't fire someone from a protected class because they're in a protected class. But you can fire them for any other legitimate reason.

You can't refuse the dog, but you can refuse the ride for any other legitimate reason.


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## Michael - Cleveland (Jan 1, 2015)

wb6vpm said:


> ADA does not allow for allergies to exclude drivers from being able to refuse service:
> https://www.ada.gov/service_animals_2010.htm


The info you've posted is correct, but misses the complexity with regard to rideshare drivers, the rideshare companies, the company's policies and the ADA.

The ADA applies to businesses (generally, those entities which employ workers) - not individuals.
While Uber and Lyft can be held liable under the ADA, independent contractor drivers cannot... which is why Uber and Lyft have strict _policies_ for driver compliance - but that is their policy - not law. In other words, while you have a legal defense if a claim is filed against you, that same defense will not prevent you from being deactivated by Uber or Lyft.


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## KK2929 (Feb 9, 2017)

Amsoil Uber Connect said:


> I'll remind those who get deactivated to find the law in your State, visit Animal Control Services, file a compliant and press charges, if you have a good faith belief the pet is NOT a "Service Animal". Must have a valid address and disscription of there pet.
> 
> Here is California's Penal Code sec 365.7 as follows ,...
> 
> ...


That is a case that you will NEVER win, even if you find an attorney that will take it.



uberebu said:


> Accommodations can be made within a workplace. As Uber contractor's our workplace is the Uber Platform.
> 
> Might be smart to keep an extra $20 Uber giftcard handy and offer it to them for the inconvenience of having to cancel no charge to them and order another.
> 
> ...


First, your workplace is your car, not the Uber platform.
Second, Uber will deactivate the driver, immediately. That person never would have been signed up as an Uber driver with an allergy to animal's that severe. Transporting service animals is part of the job requirements, whether we like it or not.
Third, Uber make accommodations ???? That will never happen. We are talking about federal policies. There are no adjustments to be made.


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## Michael - Cleveland (Jan 1, 2015)

aspiringnobody said:


> You can't refuse the dog, but you can refuse the ride for any other legitimate reason.


To paraphrase Mario Puzo: '_Take the dog, leave the rider_'.


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