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Judge Says Blind Passengers Can Sue Uber for Discrimination

The plaintiffs claim they can prove more than 30 instances of Uber discriminating against blind individuals.
Image: ​Wikimedia

A federal judge ​ruled Friday that a lawsuit accusing Uber of discriminating against blind passengers will be allowed to go forward.

The case was brought against Uber by the National Federation of the Blind of California on behalf of blind passengers who were denied rides because they had guide dogs with them.

US Magistrate Judge Nathanael Cousins denied Uber's motion to dismiss the complaint in an order, ruling that the company could qualify as a travel service and could therefore be required to comply with the Americans with Disabilities Act.

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According to the original complaint, filed in September 2014, the plaintiffs in the case are aware of more than 30 instances in which drivers of UberX, the cheapest service the company offers which is provided by non-professional drivers who use their own everyday cars, denied rides to blind individuals with service animals.

"It's an early and important victory for our clients in the case."

One woman says drivers refused rides to her on 12 separate occasions. The complaint also said blind travelers were abandoned in extreme weather and charged cancellation fees after being denied services. In one instance, a driver allegedly closed a blind passenger's guide dog in the trunk of his UberX sedan. When she realized what had happened, she said, she pleaded with the driver to pull over so she could get her dog out, but he refused.

Aaron Zisser, a lawyer with Disability Rights Advocates, a non-profit legal center in California involved with the case, said he and his clients feel gratified by the judge's decision.

"It's an early and important victory for our clients in the case," he told Motherboard. "It ensures we'll have our day in court, and Uber wasn't successful in getting rid of the lawsuit."

Uber is required to formally reply within 14 days, and a Case Management Conference, where both sides will meet to discuss the case, is scheduled for June 3.

The lawsuit was filed in the US District Court, Northern District of California, where Uber is headquartered, but Zisser told Motherboard the implications of the case are broad.

"While it's limited to California, we anticipate this decision and the ultimate outcome of the case will send a powerful message not just to Uber wherever it operates, but also to similar companies around the country," he said. "It demonstrates companies like Uber in this emerging sharing economy are subject to the ADA."

Update: AnUber spokesperson sent the following statement. "We remain confident in the facts surrounding this case. The Uber app is built to expand access to transportation options for all, including users with visual impairments and other disabilities. It is Uber's policy that driver partners are expected to comply with local, state and federal laws regarding the transportation of service animals, and we have consistently communicated this policy to drivers nationwide."