Being Discriminated

[IamAnyasMom]

What is the name of your state (only U.S. law)? CA
I take PT, am disabled and have a Service Dog. Complained about the driver last week (guess I shouldn't have now) she made uncalled for political comments and my Service Dog. Today (Thursday, November 10, 2011), she made a big ordeal of my SD sitting in the aisle. I do have a large SD, there is NO WHERE else for her to sit. At one point, she stopped the bus, called her dispatch, stated she was disengaging her camera because of my large SD, stated she had told me several times (twice-today) to get my dog out of the aisle. Again, I have a large SD, there is NO WHERE else for her to sit and there hasn't been a problem until today. I feel this is a direct retaliation against the complaints I made last week. This driver made me so afraid to take the bus home, I walked, causing me pain in my back (No, I didn't see a doctor - was too afraid to get on the bus). I should not be afraid to take PT and this driver, along with the city of Roseville shouldn't be allowed to do this to me and my SD. PLEASE HELP US!What is the name of your state (only U.S. law)?

OMD All the negative comments. I am disabled pursuant to Social Security. This is not my 'bestest' buddy, I am disabled. Not sure how much more clear I can make this. Already stated I spoke with someone regarding this driver. The driver now 'documenting' that my SD is in the aisle, is what makes me suspicious. There is NO WHERE else for us to sit, the aisle isn't very large. Just for the record, I have neuropathy and retinopathy. I have been on disability since 12/99. All I am reading is with regards to the 'safety' problems and how the PT is within their 'right' to discriminate against me. What about my rights? Don't I have any?

 

[CdwJava]

Have you spoken to a supervisor at the agency? If so, what did they tell you? If not, why not?

If you are legitimately disabled under the law, then you have a right to have a service dog with you. However, the transit authority may also require that the aisle be kept clear for safety reasons. Whether safety trumps your disability, I do not know.

 

[OHRoadwarrior]

That was where my thoughts were going. Obviously, the service dog is not for your back or you would ride him. You are not blind or you would not have walked. If you have the service dog, because he is your bestest buddy and you detest men, you may not trump safety on the bus.

 

[CdwJava]

The civil code allows someone who is "disabled" under the law to possess a service dog. However, I have known a great many people who have claimed to be disabled and who have had animals they referred to as "service dogs" but were neither designated as disabled nor did they possess an actual trained service dog.

If the OP is disabled pursuant to the law, and if the service dog is a trained service dog, then she has a right to the animal on public transit. But, I can see a serious safety issue if a large dog is blocking the aisle. That may be where you she have a problem with the dog.

NOTE: Here is Greyhound's policy with regards to Service Dogs:

At Greyhound, customers with disabilities accompanied by a service dog are welcome. The service dog is the responsibility of its owner and must be under the control of its owner at all times (i.e., leash, harness or carrier). The service dog must ride in the bus within the customer's space. The service dog may not travel in the aisle or occupy a seat. Greyhound reserves the right to refuse passage to any service dog that poses a direct threat to the health and safety of other customers, Greyhound personnel or contractors.

I imagine that they are quite aware of ADA laws and seek to comply with them. And if they decide that safety trumps the right to have the animal, I suspect it is because the law grants them that right.