Wednesday, July 07, 1999
Cab co. got off easy, spurned customer says
Ride refused for woman, guide dog
BY PERRY BROTHERS
The Cincinnati Enquirer
The city has revoked the license of a cab driver who refused a ride to a blind woman and her guide dog. The taxi company promised in writing that it would not happen again.
But the refused passenger, Annie McEachirn of Westwood, wants more than a promise to ensure that no one with a service animal is denied their legal right to a taxi ride.
“When people just sign a piece of paper, there's no consequences,” Ms. McEachirn said Tuesday. “The owner, like the driver, said that he would not transport me. Now he's just getting off signing some documents. To me, that's just easy.”
On Feb. 4, Ms. McEachirn, 43, tried to hail Hassan Taher's cab at a taxi stand at Fifth and Elm streets. Mr. Taher, who could not be reached for comment Tuesday, denied her fare, saying he was allergic to dogs and held a religious belief that dogs are impure.
The matter became a civil-rights conflict — disability discrimination vs. religious freedom — that has cropped up elsewhere in the country. James Johnson, assistant city solicitor, wrote an opinion favoring Ms. McEachirn. “The cab driver didn't have a legal right under any scenario to deny her a ride,” Mr. Johnson said Tuesday. “To simplify it, her rights were superior to his.”
Federal and state laws protect the rights of the disabled.
The driver refused to sign an agreement to serve customers with dog guides, so the city's office of public vehicles revoked his license. Mr. Taher also failed to present proof that an allergic reaction to a dog would endanger a passenger's safety.
Jamal Alwali, the cab compa ny owner — who said he also would have denied Ms. McEachirn's fare for religious reasons — signed the agreement.
Mr. Alwali said he has informed his drivers that they cannot discriminate against the disabled. But he said the city was unfair.
“Every cab company should have to sign this agreement — not just me,” he said. “I have seen, in front of my eyes, a driver refuse a lady because she had a wheelchair.”
Ms. McEachirn — who has complaints against Sunshine Taxi Co. pending with the Ohio Civil Rights Commission (OCRC) and the U.S. Depart ment of Justice — said she wants Sunshine to pay her $200 to $300 and make a small donation to Dog Guides for the Blind Inc., the California-based company that trained her dog guide, Jessica.
“My objective isn't to become financially rich,” Ms. McEachirn said. “I don't want to sound hostile. I'm concerned about this law and any law that's not enforced.”
Mr. Alwali declined to comment on Ms. McEachirn's proposed penalty, saying he'd have to talk to his lawyer.
Neither the driver nor the cab company were fined by the city.
The OCRC is seeking a similar agreement with the taxi company and the driver. It is barred by state law from seeking monetary damages.
The only remedy the commission can award is to grant access to whatever public accommodation the individual was denied, said OCRC spokesman Ron Kolbash.
Any monetary compensation must come through the court system, because barring access to people with dog guides is a misdemeanor under Ohio law.
The city's agreement with the taxi company does not state penalties for breaking the agreement.
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