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Volume 17, No. 1, Winter 2009 |
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Taxicab Service and the ADA: Questions and Answers
What is the ADA?
Passed in 1990, the Americans with Disabilities Act is landmark federal legislation providing civil rights to people with disabilities. The ADA consists primarily of three parts—Title I which reaches private employers, Title II which covers government services and programs, and Title III which extends to private businesses as places of public accommodation. Pursuant to each title, people with disabilities have the right to be free of discrimination when working, when accessing services and programs from state and local government, and when seeking goods and services at places of business.
Who qualifies as a person with a disability under the ADA?
The ADA protects anyone with a mental or physical disability who has, has a record of having, or is regarded as having a substantial impairment of a major life activity which is expected to last longer than six months. In 2008, Congress overwhelmingly passed, and President Bush signed into law, amendments to the ADA clarifying Congress’s intent to cover more people with disabilities than the United States Supreme Court deemed merited protection. The Supreme Court previously held in two cases that when determining whether someone has a substantial impairment of a major life activity—communicating with others, memory, self-care, working—then mitigating measures (e.g. medications, prosthetic devices) must be considered, thus making it more difficult for people to qualify as disabled. The ADA Amendments Act, however, explicitly overrules those cases, and requires courts to consider whether someone has a substantial impairment without the benefit of his/her medication, prosthetic device or other mitigating measures. Thus, if someone who has high blood pressure that is controlled by medication is nevertheless refused a job as a truck driver, they could now be protected by the ADA—at least in terms of qualifying as an individual with a disability—since a court would not be able to determine that the driver’s medication alleviated his condition to the point that it was no longer a significant impairment.
Is taxicab service covered by the ADA?
The ADA does not require that taxicab service be provided to individuals with disabilities in every community, but mandates that if taxi service is provided to people without disabilities in a particular community it must likewise be provided to people with disabilities in a non-discriminatory fashion. Title III of the ADA—the public accommodations provision—requires that private entities that provide transportation services on a “demand responsive” basis (they respond to calls from customers to take them somewhere) to the public operate their businesses so that “when viewed in its entirety such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities.” (42 U.S.C. § 12182).
Is taxicab service covered by any Delaware state law?
Yes, so long as a taxicab can be considered a “place of public accommodation.” The Delaware Equal Accommodations Law (The “DEAL” 6 Del. C. § 4500 et seq.) prohibits discrimination on the basis of disability in places of public accommodations. Public accommodations means “any establishment which caters to or offers goods or services or facilities to, or solicits patronage from, the general public.” Violations of the DEAL can result in substantial fines (up to $5,000 for the first offense). Complaints must be filed with the state Division of Human Relations within 90 days of the incident.
Must taxicabs allow my service animal in the taxi?
Yes. Even if a taxi has a “no pets” policy, or a driver is afraid of animals, a service animal must be permitted to ride with a person with a disability. First, service animals are not “pets.” Secondly, the ADA requires public accommodations to make reasonable modifications in policies, practices, or procedures when such modifications are necessary to afford such services or accommodations to individuals with disabilities unless the business can show that making such modifications would fundamentally alter the nature of the services or accommodations.
Must taxicab drivers assist me with placing my wheelchair in the trunk of the vehicle?
Yes, if the driver assists with placing luggage in the trunk of vehicles, then a driver must assist with placing a wheelchair or other equipment in the car or trunk.
May taxicabs charge me extra to accommodate my disability?
Absolutely not. The taxi may only add charges if it adds to customers without disabilities (for instance, luggage handling fees or luggage storage fees). However, if the taxi does impose a luggage storage fee it could charge the same amount for storage of the wheelchair—it need not waive the fee.
Must taxicab companies have or buy accessible vehicles?
No. Companies need not have an accessible vehicle in their fleet, nor must they buy an accessible vehicle if they are purchasing a vehicle. However, if a new van is being purchased it must have certain accessibility features like adequate two-part securement systems (one belt to secure the wheelchair and another to secure the individual).
To whom may I complain if I feel that a taxicab driver or company has not complied with the law?
1. The Disabilities Law Program of Community Legal Aid Society, Inc. (DLP) can advise you whether you have a viable claim under the Delaware Equal Accommodations Law or the Americans with Disabilities Act. The DLP contact information follows:
New Castle County
100 W. 10th Street, Suite 801
Wilmington, Delaware 19801
302-575-0690, 800-292-7980
Kent County
840 Walker Road
Dover, Delaware 19904
302-674-8500, 800-537-8383
Sussex County
20151 Office Circle
Georgetown, Delaware 19947
302-856-0038, 800-462-7070
2. To file a claim when the Delaware Equal Accommodations Law has been violated, within 90 days of the incident, you may contact the State of Delaware, Division of Human Relations:
New Castle County
Carvel State Office Building
820 North French Street, 4th Floor
Wilmington, Delaware 19801
Phone: 302-577-5050
Fax: 302-577-3486
Kent County
Cannon Building
861 Silver Lake Boulevard, Suite 205
Dover, Delaware 19904
Phone: 302-739-4567
Fax: 302-739-3354
Sussex County
Georgetown State Service Center
546 S. Bedford Street, 2nd Floor
Georgetown, Delaware 19947
Phone: 302-856-5331
Fax: 302-856-5146
It's Time to Think About Summer Camp
Taxicab Service and the ADA: Questions and Answers
15th Annual Inclusion Conference
It’s a SNAP to Prepare for an Emergency
Not Quite “Homegrown in Delaware”
Emergency Roadside Assistance and More for Wheelchair Users
Upcoming Delaware Expos for People in Their 50s and Older, Their Families, and People Who Serve Them
