Uber Driver Refuses Blind Man's Service Dog
A Florida Uber driver was arrested on the Fourth of July for refusing to pick up a group of blind men and their service dogs. Simon Nau has been charged with battery and failing to transport a blind person with a service dog. Both charges are misdemeanors.
Robert Stigile was in town for a National Federation of the Blind Convention and ordered an Uber to make sure that all of his friends and their dogs would fit. Stigile said that when Nau arrived, he told the group that he didn't take dogs. Stigile told the police that he already had the passenger door open and explained the the dogs were service animals. But Nau responded that he didn't care and began to drive away while Stigile, who is 100% blind, was still positioned in the doorway. The doorway hit his side and he began to yell because he was afraid of being dragged away. A valet told the police that he heard shouting as the van was pulling away.
Police said that Nau was laughing when he was arrested and didn't fully understand that he had broken the law. Nau said that he didn't allow the dogs because his children are allergic to dog hair and they would be in his car the following day. He claims that the group was hostile at the beginning and he only left when everyone was outside the van and 10 feet away. Nau claims that one of the people in the group grabbed his shirt and assaulted him. He said after he drove away he checked Uber's policy, realized he was required to pick up people with service dogs, and returned to the group. Then he learned that they had already contacted the police. It is illegal in Florida to discriminate against those with disabilities who need a service dog. Nau has only been a driver with Uber for two months.
Uber has released a statement that they were very disturbed with what happened and that Nau's access to the app has been revoked until the situation has been completely reviewed.
Comments from Allen: As most people know, Uber is a service that allows anyone with a car and some spare time the opportunity to earn money ferrying people around in their cars in place of taxicabs. Unlike a traditional taxi, the drivers of Uber cars do al of their personal driving in those vehicles, and do not think of their cars as "company cars" or "taxicabs."
Mr. Nau had worked as a cab driver and did not understand that his personal vehicle was treated the same as a taxicab regarding the requirement to transport service animals with their owners.
Uber has responded appropriately by suspending Mr. Nau.
I have no problem with Mr. Nau being charged with battery. If you bang into someone with an opened car door, and you do it on purpose, it is a battery. A jury can sort out whether Mr. Nau acted intentionally or, if he is telling the truth, the fellow complaining grabbed him and was in the process of beating him when Mr. Nau drove away. Don't prejudge this guy.
The more interesting question in my mind is: why is discriminating against anyone a criminal act? Generally, if you discriminate against someone you are a jerk, not a criminal. Discriminating against someone with a disability can make the driver or even Uber subject to a lawsuit for damages, but why is it a criminal act?
Florida's Civil Rights Act, is much like every other civil rights act around the country: discriminatory acts against certain classes of people are punished not with jail time, but with a "cause of action," which means the wrongdoer may be sued.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
Sources for more information:
http://www.cbsnews.com/news/uber-driver-refuses-ride-blind-man-service-dog/
http://www.clickorlando.com/news/uber-driver-denies-blind-man-with-service-animal-ride-officials-say
http://www.dailymail.co.uk/news/article-3678983/Florida-Uber-driver-arrested-refusing-pick-blind-passengers-service-dogs.html
Robert Stigile was in town for a National Federation of the Blind Convention and ordered an Uber to make sure that all of his friends and their dogs would fit. Stigile said that when Nau arrived, he told the group that he didn't take dogs. Stigile told the police that he already had the passenger door open and explained the the dogs were service animals. But Nau responded that he didn't care and began to drive away while Stigile, who is 100% blind, was still positioned in the doorway. The doorway hit his side and he began to yell because he was afraid of being dragged away. A valet told the police that he heard shouting as the van was pulling away.
Police said that Nau was laughing when he was arrested and didn't fully understand that he had broken the law. Nau said that he didn't allow the dogs because his children are allergic to dog hair and they would be in his car the following day. He claims that the group was hostile at the beginning and he only left when everyone was outside the van and 10 feet away. Nau claims that one of the people in the group grabbed his shirt and assaulted him. He said after he drove away he checked Uber's policy, realized he was required to pick up people with service dogs, and returned to the group. Then he learned that they had already contacted the police. It is illegal in Florida to discriminate against those with disabilities who need a service dog. Nau has only been a driver with Uber for two months.Uber has released a statement that they were very disturbed with what happened and that Nau's access to the app has been revoked until the situation has been completely reviewed.
Comments from Allen: As most people know, Uber is a service that allows anyone with a car and some spare time the opportunity to earn money ferrying people around in their cars in place of taxicabs. Unlike a traditional taxi, the drivers of Uber cars do al of their personal driving in those vehicles, and do not think of their cars as "company cars" or "taxicabs."
Mr. Nau had worked as a cab driver and did not understand that his personal vehicle was treated the same as a taxicab regarding the requirement to transport service animals with their owners.
Uber has responded appropriately by suspending Mr. Nau.
I have no problem with Mr. Nau being charged with battery. If you bang into someone with an opened car door, and you do it on purpose, it is a battery. A jury can sort out whether Mr. Nau acted intentionally or, if he is telling the truth, the fellow complaining grabbed him and was in the process of beating him when Mr. Nau drove away. Don't prejudge this guy.
The more interesting question in my mind is: why is discriminating against anyone a criminal act? Generally, if you discriminate against someone you are a jerk, not a criminal. Discriminating against someone with a disability can make the driver or even Uber subject to a lawsuit for damages, but why is it a criminal act?
Florida's Civil Rights Act, is much like every other civil rights act around the country: discriminatory acts against certain classes of people are punished not with jail time, but with a "cause of action," which means the wrongdoer may be sued.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.
Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
Sources for more information:
http://www.cbsnews.com/news/uber-driver-refuses-ride-blind-man-service-dog/
http://www.clickorlando.com/news/uber-driver-denies-blind-man-with-service-animal-ride-officials-say
http://www.dailymail.co.uk/news/article-3678983/Florida-Uber-driver-arrested-refusing-pick-blind-passengers-service-dogs.html
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