Pam Berman and her guide dog Brian use ride shares to get all over the city. Sometimes it's a good experience, but on a regular basis, calling for a car can be extremely stressful.
"It's so upsetting to have someone yelling at you and you feel stranded," said Berman.
On a regular basis, those in the blind community say ride share drivers are turning them away because of their guide dogs.
A blind woman named Leslie says she deals with it on a weekly basis with her guide dog Omega. In mid-November, she got picked up by an Uber driver who clearly did not want to take them. The driver repeatedly yelled, "No pets" and tried to physically remove Leslie from his car. Leslie captured the encounter on her cell phone.
"She is not a pet, sir, she is my guide dog," Leslie told him, saying she would report the driver to Uber.
Those in the blind community say drivers commonly tell them they're allergic, scared of dogs, or have a religious exemption. Disability rights attorneys say those arguments are not valid under the law.
"People with disabilities who use service animals of any kind have a right to have their service animals with them," said Paul Mollica, an senior attorney with Equip for Equality's civil rights division.
Under Title III of the Americans with Disabilities Act passed in 1990, guide dogs are federally protected service animals and cannot be excluded from places of public accommodation, which includes any form of transportation, even ride shares.
In Illinois, the Service Animals Access Act and White Cane Law provide further protection.
"That puts both the provider of the services and, potentially, the driver in risk of fines or even jail for depriving someone of their right of access. You need to treat the animals as if they were a cane or an oxygen tank or any other medical device," said Mollica.
The companies know they can be liable. In 2021, Uber was ordered to pay $1.1 million to a blind woman in California who was discriminated against more than a dozen times with her guide dog. The company tried to argue it was a technology company using independent contractors, but a judge ruled the company is still subject to the ADA.
Uber does offer a pet option, but it's more expensive. PACE Paratransit is available for those with disabilities, but is not as convenient. Users tell WGN News they must schedule a ride a day in advance and often times share the van with multiple other passengers.
"Historically, they could be really late," said Berman. "Paratransit is dehumanizing and awful."
WGN News also spoke with Melissa Carney, a graduate support manager with Guiding Eyes for the Blind.
"Given how widespread this issue is, I think a government entity on a federal level needs to step in and hold the companies accountable," said Carney.
Carney has also had bad experiences with her guide dog Aron.
"There have been times where drivers are yelling at us and he literally starts shaking and that is heartbreaking for me as a handler," said Carney. "Other times, simply because a driver wants to get rid of us and get us out of their car, they will leave us at the wrong destination."
Carney joined hundreds of others with the National Federation of the Blind at a rally in October at Uber headquarters in San Francisco.
"The energy was palpable," said Carney. "To see so many people unifying around this particular issue sent a very powerful statement."
They would like to see the companies better train drivers and penalize those who break the law.
"It's very frustrating because we all know our rights, but apparently these drivers are either unable or unwilling to learn them and Uber and Lyft do not hold them accountable," said Leslie.
Those affected can file complaints directly with the ride share companies. Here in Chicago, you can also reach out to the Commission on Human Relations and the Department of Justice on a federal level.
WGN News reached out to Uber and Lyft for comment. A spokesperson for Uber said:
"We believe that Uber plays an important role in making transportation more accessible, and want all riders with disabilities to have safe and positive experiences on the platform. Denying service because of a rider's service animal or assistive device is strictly prohibited -- our policy is outlined in our Community Guidelines, and we regularly send reminders that this behavior is unlawful, and may result in permanently losing access to the platform. We're always improving-this year, we introduced a new driver education module and launched a pilot program for a feature that enables riders with service animals to self-identify on the platform. We remain dedicated to working with the disability community to create a more accessible platform."
In addition, Uber said it has a zero-tolerance policy for confirmed cases of knowing service denial because of a rider's service animal or assistive device, and that when signing up for the Uber platform, drivers agree to transport service animals and assistive devices in compliance with the ADA.
The company is also taking part in local driver education events in partnership with the organization Seeing Eye.
Uber also recently sent all drivers in the U.S. a new service animal education video reminding them it is illegal to deny someone a ride because of their service animal. Riders can report violations on the app or by calling a new hotline at 1-833-715-8237.
A spokesperson from Lyft said:
"Discrimination has no place in the Lyft community. We strive to provide an inclusive and accessible platform for riders, including those who rely on service animals or mobility devices. We continually update our practices to improve accessibility for riders and are proud to be working directly with advocacy organizations in the community. We are currently piloting a Service Animal Opt-In feature which allows riders to disclose that they travel with a service animal when requesting a ride. This feature is a significant step in our broader mission to ensure that riders feel safe and supported on our platform."
In addition, Lyft says drivers who knowingly decline to accommodate a person with a disability will face deactivation from the platform.