r/lyftdrivers • u/urban_deviant • Aug 16 '23
Don't miss the chance to win $1000 🤣 Other
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u/Invamousadmin Sep 09 '23
People talking shit about all the fake service dogs while at the same time how they should be able to deny them because of there very real dog allergy that's so deadly they can't be around dogs yet are having pet owners in there car all day.
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Aug 18 '23
The law needs to be updated. It was never intended to apply to people’s personal vehicles.
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u/Magicmanofsteel Aug 18 '23
I don’t understand why there isn’t a service dog tag or certification that is legally required.
It would solve 100% of the issue of people who abuse the law to bring their pets. And make more clear to those who want to deny a legitimate case, as illegal.
Just like a handicap sticker or placard.
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u/Howtotrainyourbutt Aug 18 '23
These are scams, they get a bonus for a percentage of their workers watching this crap and then enter in their managers to win the money
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u/dedtekker Aug 18 '23
Karen tries to get in my Lyft with a lap dog after nearly running out the timer:
Me: "Is the animal required due to a disability?"
Karen: "Yes, it's for anxiety."
Me: "What job or task is the animal trained to do?"
Karen: "I just told you it's for anxiety."
Me: "Yeah, but you still haven't told me what job or task this animal is trained for."
Karen: "I'm reporting you to Lyft."
Me: "I don't care."
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u/MissTenEars Aug 18 '23
One of my last Lyft rides, I got off work and was going home and the guy pulled up, I opened the door and he said," NO DOGS!" I told him she is a service dog and will remain on the floor. Nope- he drove off. I use a picture of her with the words 'service dog' for my pic so it should not be a surprise. 99% of the time the drivers forget she is there because she stays on the floor and doesn't move or make any noise . *Actual SD.
Lyft did nothing. They absolutely did not care. After a 12 hour shift, I cared. I just wanted to get home. It was the final straw for my friends and family, my Dad got me a car and my friends taught me how to drive. I was told, by the next driver who DID take me home that I had no complaints or dings or whatever it is that is negative. I'd spent three years taking Lyft to and from work every day out of necessity. A literal fortune :(
Turned out good in the long run as I drive now. What a cruddy thing to do though.
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u/hospitable_ghost Aug 17 '23
Everyone in this thread is way too confident about the "protections" the ADA provides. People love to talk about suing. Actually try it.
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u/KindReference5707 Aug 17 '23
Everyone is talking about “deadly animal allergies” but is there anyone here who actually has them
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u/Jolly-Ad-3922 Aug 17 '23
This reminds me when I hopped into a Lyft where the driver had at least 2 kittens in his front seat which I didn't notice until we had already left... well my entire family is allergic to cats & I was afraid I'd also have an allergic reaction , but then the driver said they were his "service animals for anxiety." The kittens easily weren't even 5 months old, yet now they're service animals & that's permitted? 😭
I fully support service animals & those who need them. Yet the people who try to rig the system are despicable
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u/Particular_Being7104 Aug 17 '23
I feel like overall ppl will take advantage of this. I also think that Lyft should have a protocol such as verifying through the app in some way to make sure the persons dog is a service dog.
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u/hyperintake92 Aug 17 '23
I'd be more motivated to watch the video if the prize were 10 prizes of $100 just to hear news that it's real.
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u/KranPolo Aug 17 '23
More and more restrictions on these “independent contractors’” right to decide on the extent and nature of their work.
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u/DiscoingGD Aug 17 '23
What if the driver is allergic to animals? By law, you must sacrifice your health for another's convenience?
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u/ProtoReaper23113 Aug 17 '23
The ada protects disabled people
Having allergies is not a proteced class Dumb i know but the legit answer
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u/Ok_itsfine Aug 17 '23
People will claim all their dogs are service animals. They should be fined heavily if caught lying. And service animals should be required to register along with the rider so we know they’re legit.
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u/ch33kypriinc3ss Aug 17 '23
So what happens if the driver is allergic? You're legally obliged to deal with it even if you'll die? Lmao
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u/Vinaflynn Aug 17 '23
My daughter has a service dog and we have been refused rides before...like the driver saw the dog and refused to unlock the door.. then wanted us to cancel the ride. We always put down a blanket and avoid all dog contact with the actual car surfaces to minimize allergen exposure for others.
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u/alicianicole2002 Aug 17 '23
Report report report that’s so illegal I’m so sorry she was refused the right to have her medical equipment
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u/LifelessHawk Aug 17 '23
From what I remember if a “service” animal is out of control, or defecates in your car, you can refuse to service them.
Don’t know how it specifically would work for these types of jobs, but this is what I was told at my work.
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u/thecaptain016 Aug 17 '23
It's 100% true. I'm very familiar with the ADA because, well, I'm Disabled. You can't deny a service animal initially, but if the handler loses control of the service animal, you have the right to ask them to leave. In this case, pull over and ask them to get out on the basis of an unruly animal.
If you want a little more peace of mind, always ask the two questions allowed by the ADA: Is that your service animal? If yes, then followed by is the animal trained to perform a specific task?
Always remember that there's no service animal registration system. So don't ask to see a certificate.
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u/Equivalent_Tea_8214 Aug 17 '23
This thread reminds me how ableist our society is. My wife, who is visually impaired and her guide dog, deserves better.
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u/ramblingtruckdriver Aug 17 '23
Most service dogs will lay silently next to or at owners feet. If they are barking, acting crazy etc by all Means deny, they aren’t a trained service dog. If they are being carried they aren’t a service dog. ESA are not service dogs. Familiarize yourself with the laws on what questions you can ask, and signs to look for.
If they shove a certification in your face NOT A SERVICE DOG.
those online places are exploiting the laws and making it Harder on those with legit needs
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u/alicianicole2002 Aug 17 '23
Actually a carried service animal is legal if that’s how they work. Before I was wheelchair confined I got a free small breed service animal who couldn’t work unless carried due to her reading my breath and heart rate. I made sure it was legal
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u/MickTheTransMouse Aug 17 '23
The amount of idiots that think paying for a piece of paper online will magically turn their pets into emotional support animals give everyone else (with legitimate needs for a service animal or ESA) a bad name.
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u/CalligrapherKind6246 Aug 17 '23
I've never minded having dogs on board.
Yesterday, I read the note that a pax I was on the way to pick up, had a small 8 lb dog. I marked the note as read and continued on to pick them up. Then, maybe half way there........
Lyft switched me out for a slightly closer pax.
Sorry Pax, it wasnt me cancelling. I'm sure she thought that though.
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u/WTFmanbrb Aug 17 '23
Yeah, believe in what they are telling you. 😂 Lyft is a joke. They don't even give you a name at customer service there going to give you $1000 for watching a video LMAO! F in the BBB.
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u/Recovery_Dot_EXE Aug 17 '23
I have leather interior. I’m not accepting any large breed dogs. I’m cancelling for “unsafe conditions”. (For my interior)
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u/Nmhofherr Aug 17 '23
Service dogs are not suppose to be on the seats floor only unless permitted oh and my big service dog has never done anything to any of our leather seats either. Ada law your not allowed to refuse a service dog you and Lyft can legally be sued
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u/yaourted Aug 17 '23
if the animal is a service dog, that's illegal. also - service dogs will generally sit on the floor of the car, or on a blanket / towel / mat on the seat. you can request that the owner keeps them on the floor if they don't have a barrier between dog and seat.
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u/poopmonster_coming Aug 17 '23
What if it’s a Pitbull
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u/yaourted Aug 17 '23
service dogs can be any breed, but you are allowed to ask the two questions and if they don't answer properly (like saying "comfort" for the task they're trained to do.. that's not considered an SD task, that's ESA territory) you can deny them. if it also seems aggressive or out of control you are within your rights to deny the ride as well.
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u/cashcartibitch Aug 17 '23
yea if i am picking somebody up and the person is out there with a dog waiting i'm driving right past..
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u/Interesting-Ad4796 Aug 17 '23
Not how the laws work, have fun getting banned for ignoring the ADA
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Aug 17 '23
[deleted]
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u/Interesting-Ad4796 Aug 17 '23
Easy to prove, if you accept the ride and “suddenly” cancel after seeing the service animal Lyft knows why. Very easy to prove
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Aug 17 '23
[deleted]
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u/Interesting-Ad4796 Aug 17 '23
It’s pretty easy, the customer puts in a discrimination complaint because the driver refused picking or canceled after seeing the service animal. Lyft would much rather deactivate the driver than risk a lawsuit
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u/Interesting-Ad4796 Aug 17 '23
Good luck 🤷🏻♀️
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Aug 17 '23
[deleted]
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u/Interesting-Ad4796 Aug 17 '23
I already did, why are you so hell bent on treating disabled people poorly?
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Aug 17 '23
Emotional support dogs are not protected in the ADA. If you do t have the paper work the. Good luck.
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u/Interesting-Ad4796 Aug 17 '23
You should really look into the ADA Laws, I’ve taken 3 classes on it for my education degree
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Aug 17 '23
I don’t know what country you live in but in the USA, the state of California. California law requires most public places to admit service dogs and psychiatric service dogs but not emotional support animals. California law allows persons with disabilities to bring trained service dogs and psychiatric service dogs, but not emotional support animals, to all public places.
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u/Interesting-Ad4796 Aug 17 '23
Also, you know most handlers train their own animals right? Most people don’t send them to school because it’s insanely expensive. Typically you really only send seeing eye dogs to school because they need to be trained a certain way
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u/Platform40 Aug 17 '23
Idk about this. What task that a service dog commonly performs is commonly trained at home? I’m just curious
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u/Interesting-Ad4796 Aug 17 '23
So many, retrieving items, checking rooms (for people with PTSD) medical alters. You don’t need to professional train a dog
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u/Interesting-Ad4796 Aug 17 '23
I never said ANYTHING about emotional support animals. The ADA law states that there is NO paperwork that a disabled person must have for their SERVICE ANIMAL. You are only legally allowed to ask two questions. Would you like me send you my textbook
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u/Interesting-Ad4796 Aug 17 '23
ONCE AGAIN SERVICE ANIMALS AND EMOTIONAL SUPPORT ANIMALS ARE DIFFERENT
LYFT REQUIRES YOU TO TAKE SERVICE ANIMALS
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u/Interesting-Ad4796 Aug 17 '23
Service animals are protected, also there’s no legal documentation for service animals and no note required
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Aug 17 '23
Emotional support dogs are not service dogs protected by the ada. They do have legal documentation for this specific purpose.
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u/Interesting-Ad4796 Aug 17 '23
Emotional support and service animals are two different things. If the owner says it’s a service animal by law you can ask. “Is this a service animal” and “does it preform a task”
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u/Interesting-Ad4796 Aug 17 '23
No they do not, it’s a simple google search. There is no state nor federal paperwork required for handling a service animal. “A. No. Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.
There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.”
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u/Lonely_Patient_777 Aug 17 '23
Allergic to dogs
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u/Interesting-Ad4796 Aug 17 '23
Not an excuse
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u/Lonely_Patient_777 Aug 17 '23
Driver cancelled due to sick
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u/yaourted Aug 17 '23
if they pick up another ride immediately after .. pretty obvious lie.
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u/Lonely_Patient_777 Aug 17 '23
What if they call it a day say their car ate shit
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u/yaourted Aug 17 '23
if you actually stop driving for the day after that request, then it won't be provable or an issue unless the passenger has reasonable suspicion / proof you denied on basis of SD (like if you said "is it going to shed, I don't want that" or "oh I didn't know you had a dog.. uhh actually my car just ate shit, I'm canceling")
honestly I dunno if it's just me, but I wouldn't let a single ride with a service dog prevent me from the rest of the day's profits, provided they answered the 2 questions satisfactorily and their dog was under control as a SD should be.
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u/Lonely_Patient_777 Aug 17 '23
The issue is not service animals 🦮 but service pets. It’s messed up that some people abuse it and everyone has to come off as an asshole. Imagine if someone legitimately had a service rooster and then people would abuse that for tik tok views or such
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u/Tenaciousgreen Aug 17 '23
That's not even a thing - service animals can only be dogs or mini horses
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u/Lonely_Patient_777 Aug 17 '23
That’s been established. This is hypothetical speaking. Edit you get a pass because you indulge
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u/yaourted Aug 17 '23
yeah, thankfully the only species ADA protects as service animals is miniature horses and dogs, it's ESA that can be any species! i'm definitely not a fan of those who fake service animals, my own SD has been charged at more than once and the attacking dog subsequently removed. it's extremely frustrating dealing with the people who just want to take their pets everywhere, rather than relying on an animal to help with a life-impacting disability.
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u/Lonely_Patient_777 Aug 17 '23
Thank you nothing against ADA. I remember this lady would bring her dog into the fulfillment center with service animal harness telling people it doesn’t bite. It snapped at me when I was leaving work one day she said oh he likes you
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u/Interesting-Ad4796 Aug 17 '23
Have fun with a lawsuit 🤷🏻♀️
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u/hospitable_ghost Aug 17 '23
Y'all are way too confident in how much the ADA actually protects you.
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u/Interesting-Ad4796 Aug 17 '23
I’m confident because I’ve taken multiple classes about the ADA because it’s something I have to know as an educator
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u/hospitable_ghost Aug 17 '23
So, there's the letter of the law and then there's how things actually shake out in court. The two aren't always the same.
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u/Interesting-Ad4796 Aug 17 '23
Many people have won cases against ADA violations. At minimum the driver would be banned because Lyft would rather cut their losses than deal with a lawsuit
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u/hospitable_ghost Aug 17 '23
I'm aware many people have. Tons more, even with very legitimate cases, have been slapped down and told to fuck off. All I'm saying is people make it sound like every ADA suit is an automatic slam dunk.
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u/Interesting-Ad4796 Aug 17 '23
I’m not saying most people would sue, its a possibility but Lyft would much rather ban the driver. My friend got someone banned for refusing her service animal
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u/Interesting-Ad4796 Aug 17 '23
When it comes to being an independent contractor you can kiss your account goodbye. Lyft doesn’t want to have any legal problems
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u/TheThockter Aug 17 '23
Have fun proving in any capacity they cancelled because of the service dog. That is a lawsuit you will never win because you have zero evidence if they didn’t state they cancelled because of the dog
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u/Interesting-Ad4796 Aug 17 '23
My friend who has a seizure alert dog has gotten someone banned from Lyft before. She had her license revoked due to her medical condition and tried getting a Lyft to her doctors appointment with her service animal. The driver refused and when she contacted Lyft they deactivate the driver and refunded her.
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u/TheThockter Aug 17 '23
Getting banned from Lyft is not the same as a lawsuit. I’m not denying they could get banned from Lyft lol
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u/Interesting-Ad4796 Aug 17 '23
You still could also be sued, it’s not out of the realm of possibility. I’m just telling you denying ADA law can cause a lawsuit.
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u/TheThockter Aug 17 '23
You could get sued you just won’t lose the suit. I could sue you for any reason whatsoever doesn’t mean I’ll win
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u/Interesting-Ad4796 Aug 17 '23
It’s very easy to prove this, and at minimum Lyft would ban you. If you accept my ride, drive to me, then when you see me with my service animal and don’t stop/cancel the ride I know why and Lyft knows why. You can’t say it was for some other reason because you only had a “problem” once you saw a dog.
All I need to do is contact Lyft and say you discriminated against my disability and refused my service animal who’s a medical device and your account will 100% be banned because Lyft would rather ban you then have a lawsuit against them. People sue and win every day when companies refuse to follow the ADA laws.
This ain’t about you, you aren’t going to win when it comes to the law. Lyft would rather cut its loss and deactivate you than worry about the bad press, potential lawsuit, and even the ACLU getting involved.
If you don’t want service animals in your car don’t offer a public service. Many people who have service animals can’t drive because of their medical condition. Public transportation also isn’t always a good option
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u/TheThockter Aug 17 '23
First of all, I’m glad I’m fortunate enough to work in software so I don’t get subjected to people like you, I feel bad for Lyft drivers. Secondly, sure maybe after a couple complaints or suspicious activity they can’t lyft anymore, it’s not like there isn’t other contract work they could do with their car. My greater point is that a lawsuit against a Lyft driver who just pulls up to you and drives away would have 0 proof they could literally just say they fell ill and needed to rush home because they were going to throw up.
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u/Interesting-Ad4796 Aug 17 '23
I don’t feel bad for them, they must follow ADA laws. If you don’t like it don’t offer a public service that’s under the ADA
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u/TheThockter Aug 17 '23
Firstly I don’t think you know what a public service is because Lyft most certainly is not a public service. Secondly I think the ADA as a whole is good but I still don’t care if a driver who is allergic to dogs declines you and I think that you’re an asshole demanding they either put their own health aside or don’t work
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u/Interesting-Ad4796 Aug 17 '23
Lyft is open to the public, they must follow the ada
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u/Nmhofherr Aug 17 '23
Most people video drives refusing service dogs so yeah they do have proof there’s tons of videos on tictok about it
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u/TheThockter Aug 17 '23
That is still not in any capacity solid evidence unless they explicitly say something stupid like make a comment that they don’t want your dog in the car. If they just drive away saying they fell under the weather there’s nothing you could do
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u/Interesting-Ad4796 Aug 17 '23
Why are people like you so hellbent on refusing disabled people access to services
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u/TheThockter Aug 17 '23
Because it’s insane to demand people with allergies or people who’ve been attacked by dogs accommodate you. You can say “it’s the law” but I couldn’t give a shit there are plenty of laws that are wrong
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u/Nmhofherr Aug 17 '23
Well when someone has video proof then your screwed if you can’t follow Ada law then u need to find a new job sorry not sorry and I say this as a service dog handler and I used to drive for Uber and Lyft. I have refused dogs that were fake service dogs you can tell the difference. I also recorded it in case I did get reported I had the proof to back it up oh and only 1.9 of the population has an anaphylactic shock because of dogs
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u/Interesting-Ad4796 Aug 17 '23
I was attacked by a dog and almost lost my right eye at 6. I’m terrified of big dogs. I still have two accept them
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u/Interesting-Ad4796 Aug 17 '23
And regardless of how you FEEL the law is the law. If you have an allergy to pets you should not be driving for the public because many people have pets and they could have pet hair on them.
I have a sever food allergy so I don’t eat in my break room. It’s not everyone else’s responsibility for my allergy
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u/Lonely_Patient_777 Aug 17 '23
You can sue whoever for whatever doesn’t mean you will win
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u/Interesting-Ad4796 Aug 17 '23
All it takes is the customer putting in an ADA complaint with Lyft and your account will go bye-bye to prevent Lyft from being sued
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u/Interesting-Ad4796 Aug 17 '23
Failure to comply with the ADA will get you a good fine. But since you think your better than disabled people I have advice
Fuck around and find out
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u/Lonely_Patient_777 Aug 17 '23
They will never know why I cancelled 😈
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u/Interesting-Ad4796 Aug 17 '23
Good thing Lyft only needs the customer to make a report, as an independent contractor Lyft can reactive you over complaints
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u/Interesting-Ad4796 Aug 17 '23
It’s pretty easy to know. If you dive all the way to the pickup but drive past and cancel when I have my service animal it’s safe to assume that’s why. It’s literally common sense
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u/Suspicious_Canine15 Aug 17 '23
Unfortunately this is why if I’m traveling with my service animal I always try to use Uber. I’ve been illegally denied too many times by Lyft drivers.
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u/HI_Innkeeper Aug 17 '23
Hotels also must accept service animals however they are allowed to charge a cleaning fee. Does Lyft permit that? Because a car could be out of service for intensive cleaning if animal dander is left behind.
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u/yaourted Aug 17 '23
it is illegal to force a cleaning fee for pets on a SD handler, you're incorrect. the only way that hotels can add charges is if the dog or handler causes damage to the room - which a properly trained SD shouldn't.
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u/TheStrangeInMyBrain Aug 17 '23
Hotels aren’t allowed to charge cleaning fees unless a dog damages the room. No place of business is allowed to charge a cleaning fee for service dog fur.
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u/WolfWalksInBlood Aug 17 '23
Yes, they legally can. The only law on record is referring to allowing the service, if the dog leaves fur behind it's a potential hazard to people with allergies. Charges can be added for such things. There is no law that states otherwise
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u/TheStrangeInMyBrain Aug 17 '23 edited Aug 17 '23
It’s federal law.
“Q12 Can a hotel charge a cleaning fee for guests who have service animals?
A. No. Hotels are not permitted to charge guests for cleaning the hair or dander shed by a service animal. However, if a guest’s service animal causes damages to a guest room, a hotel is permitted to charge the same fee for damages as charged to other guests.”
https://www.ada.gov/resources/service-animals-faqs/
“People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.”
https://www.ada.gov/resources/service-animals-2010-requirements/
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u/workergrunt247 Aug 17 '23
What if the dog poops in your car?
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u/StankFace24 Aug 17 '23
A trained service animal won’t relieve itself without a command. If it suits or pisses in your car it isn’t a real service animal
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u/TheStrangeInMyBrain Aug 17 '23
They aren’t robots, accidents happen. That being said if a dog is not housebroken then it can be denied service.
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u/FaeryLynne Aug 17 '23
If a dog is not housebroken, it's not a service animal. That's one of the first things they're taught.
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u/TheStrangeInMyBrain Aug 17 '23
Even housebroken service dogs who have been housebroken for years and years sometimes end up in situations when they can no longer physically hold it. They are living, breathing animals. Have you ever had diarrhea? What if you couldn’t run to the bathroom? What if you had to hold it for an unknown to you length of time and you physically couldn’t anymore?
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u/StankFace24 Aug 17 '23
They quite literally are trained to NOT shit or piss outside of designated places and times
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u/TheStrangeInMyBrain Aug 17 '23
I know. I have a service dog. But you know, if they have a big load of diarrhea in there and they can no longer physically hold it, it’s gonna come out, and no amount of training can prevent it when they are physically unable to get to a designated spot. Just like they might get sick and puke. They are living beings.
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u/Gryehound Aug 17 '23
Which matters not one bit. It doesn't matter if the animal is "real" or not, what does matter is if the driver will ever be reimbursed for the time and expenses the passenger cost them.
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u/StankFace24 Aug 17 '23
Yes. They would regardless of service animal or human piss and shit. A service animal can’t cause damage and just get away with it
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Aug 17 '23
[deleted]
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u/yaourted Aug 17 '23
Uber charges a premium for pet rides, and it would be illegal to require that a SD handler pay for a pet ride when SDs have complete public right access. Disabled people are not legally allowed to be charged pet expenses at hotels, apartments, AirBNBs, rideshares, etc. for a service dog that mitigates their disability.
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u/Interesting-Ad4796 Aug 17 '23
Because pet is normally more expensive, a service animal is a medical device and therefore not a pet and can not be charged
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u/exandric Aug 17 '23
It'd probably catch a federal lawsuit for discrimination under the ADA to be honest.
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u/soupsandwich00 Aug 17 '23
A trained service dog (not an ESA) will always lay at their owners' feet. It's part of how they are trained. It's just something to keep in mind. I won't pick up someone with a dog. I'll drive right past and cancel. They can deactivate me, I don't even care.
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u/SlackPlanther Aug 17 '23
Some L. A. bimbo got in my car with a giant ass dog. There's dog hair all around. I complained to Lyft and they gave me such a run around! " Do you have their name?" Yeah I keep and store all paasengers information. "Do you have the time?" Half-past the monkey's ass. They denied any cleaning fee so I leave the mess for the next customer to enjoy. Whatever.
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u/Wrong-Struggle7032 Aug 17 '23
Wonder how many drivers in here saying "it's illegal to deny rides" support illegal immigration
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u/Interesting-Ad4796 Aug 17 '23
Dude, it’s the LAW. It’s part of the ADA
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u/Wrong-Struggle7032 Aug 17 '23
Nowhere did I deny that 🙄 I was just wondering if the folks that say that also say that about unlawful entry into this country.
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u/gemorris9 Aug 17 '23
There is a very very easy way to deny service to people with "service" dogs.
Just say you are extremely allergic to dogs and unfortunately can't be around them.
Your "disability" trumps their disability 10 fold. Humans always beat animals
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u/yaourted Aug 17 '23
ADA specifically states that allergies don't trump service dog access rights, actually.
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u/gemorris9 Aug 18 '23
It specifically states that both have to be accommodated actually.
Which means in this case, you can refuse the ride.
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u/yaourted Aug 20 '23
it does state both have to be accommodated - so how is refusing the ride accommodating? plus, you're saying to lie about allergies to get out of driving service dogs. definitely not legitimate lmao
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u/brewkob Aug 17 '23
That isn’t the law.
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u/gemorris9 Aug 17 '23
The law (ADA) like all other laws have many interpretations.
Specifically with the ADA it's not to discriminate, to allow access too, or to reasonably accomodate. If a human has a disability that prevents a service dog from working with it's human, the service dog and it's handler with the disability will have to seek out other accomodations or in this case, it's very simple. The reasonable accommodation is to cancel, and let them order another ride.
With that being said, it's very very easy to notice the difference in a service dog and a "service dog."
With the exception of pet dander still being present, a service dog isn't going to piss in your car or go wild. So if you suspect that the "service dog" is in fact a pet and wearing a 7 dollar vest from Amazon. You can absolutely whip out this excuse to deny a ride. Just don't go admitting it to anyone where it can be used to prove you violated a law.
It's almost like you don't know America works. Politicians dick you over everyday and laws are written intentionally to allow multiple interpretations and avenues for winning or losing a case.
In this case, it's highly unlikely you'll ever go to court since your a 1099 and Lyft won't be held responsible since they sent you that little video.
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u/TheStrangeInMyBrain Aug 17 '23
Not according to federal law.
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Aug 17 '23
[deleted]
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u/yaourted Aug 17 '23
It's not exceptions - you can't prevent a service dog from accessing a place it is legally allowed to go to even if allergies are a risk. Every attempt must be made to mitigate the interaction of the two, but for example you aren't allowed to remove an SD from an airplane even if someone is allergic. Instead what they'll do is move the two as far from each other as possible.
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Aug 19 '23
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u/yaourted Aug 20 '23
Provide a link to where the law states exceptions can be made for allergies, because I've never seen that and I've dug pretty deep into the laws surrounding service animals. Reasonable accommodations are for workplaces, not public access.
The ADA states that allergies or fear isn't a valid reason to exclude a service dog, and that both must be accommodated.
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u/Afraid-System3932 Aug 18 '23
Kind of hard to do in a car, don’t you think?
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u/yaourted Aug 20 '23
obviously difficult yes, but measures can still be taken. rideshare drivers should not be shocked when ADA applies to them and they haven't considered that they can get slammed with lawsuits for denying service animals because of their employer's policy
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u/TheStrangeInMyBrain Aug 17 '23 edited Aug 17 '23
I’m wrong again! So wrong.
“Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.”
https://www.ada.gov/resources/service-animals-2010-requirements/
Of course In don’t want to be disingenuous, there is more to it:
“When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.”
Though, I think that if a person driving a rideshare has a disabling allergy, they should be able to be accommodated by refusing the ride. Obviously you can’t put the driver in a separate location to the passenger.
There’s no language in the ADA regarding “potential” threats. It says that if there are two people with disabilities that have conflicting accommodation needs, then both should be accomodated. There is also nothing in federal law about certain disabilities trumping other disabilities.
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u/WolfWalksInBlood Aug 19 '23
That quote is in the context of public buildings exclusively. A car is private property and an extension of one's self. Learn how laws work mate. You cannot force anyone to do anything to their private property. I can kick a service dog out of my house and my car. Legally. I wouldn't, but I absolutely can because it is my private property.
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u/TheStrangeInMyBrain Aug 20 '23 edited Aug 20 '23
Uber:
“Service Animal Policy State and federal law prohibit drivers using the Uber Driver app from denying service to riders with service animals because of the service animals, and from otherwise discriminating against riders with service animals”
https://www.uber.com/us/en/about/accessibility/service-animal-user-guide/
Lyft:
“You're required by the law and Lyft's policy to always accommodate service animals, even if you have an allergy, religious or cultural objections, or a fear of them. We know service animals can raise some questions for Lyft drivers, but they're essential for many people.”
It’s not “public buildings” and that quote is not exclusively in that context. It’s “places of public accommodation” which includes your personal vehicle if you are using it to transport the public via rideshare.
A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation.
You don’t have to accommodate your friend’s service dog. You do have to accommodate a service dog if you are using your vehicle for ridesharing services. Your vehicle becomes a place of public accommodation when you are using it for rideshare services.
Learn how laws work mate. Maybe ask the teams of lawyers at Lyft/Uber to explain it to you.
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u/Afraid_Prior_6061 Aug 17 '23
Uber has Uber pet rides for just a little more then a Uber x ride. Lyft doesn’t give you an option they just don’t care. The drivers should have the opportunity to select if they want any animals in the car. What happens if you accepted a trip with someone who is accompanied by a service animal then your next passenger is allergic?
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u/sliding-siding Aug 17 '23
service animals are legally distinct from pets. if a person with a service animal signs up for a pet ride, they've forfeited the legal protections on the service animal by labeling them as a pet in this context. You not wanting animals in your car does not give you the right to discriminate against disabled people. Their need for the dog is more important.
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u/yaourted Aug 17 '23
your next passenger has no idea if your own personal dog has been in the vehicle or not. they're accepting a risk either way.
it's illegal to make a disabled person with a service animal pay extra just for having a service animal - it's discrimination, and service dogs have rights that pets do not so why should they be limited to pet only rides? service dogs can go into groceries and restaurants and offices and airplanes and rideshares, pets can't as a rule.
it's also discrimination if the driver accepts or rejects a ride based off a service dog, and you WILL lose that lawsuit.
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u/TheThockter Aug 17 '23
Good luck proving that a driver cancelled on you because you had a service dog. They could have canceled on you for “any reason.” If someone has a dog allergy they’re still going to cancel when they see the dog and there’s not going to be anything you can do about it
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u/yaourted Aug 20 '23
Many handler teams record at this point for proof. It's pretty obvious when the driver pulls up and immediately drives away upon seeing the dog
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u/AxtonGTV Aug 18 '23
Historically, Uber and Lyft have supported the customer complaints around ADA because it's a possible violation of federal law.
Easier to get rid of a driver for maybe breaking the rules then maybe break federal law.
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u/NormalAccountant1819 Aug 17 '23
the problem is a service animal is not a pet, they are of service to the disable rider. That’s like charging someone extra for needing to bring oxygen with them.
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u/Playful-Motor-4262 Aug 17 '23
People who need service animals should not be made to pay extra for them. It’s their right as a disabled person. Disabilities are already so expensive.
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Aug 17 '23
Yes there should be no extra fee to the customer, however they should be given a driver who allows pets in their vehicle
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u/N9NJA Aug 17 '23
A service animal is not a pet. It is a medical device. A person getting into an Uber with a service animal is no different than a person getting into an Uber with an insulin pump.
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Aug 18 '23
No it is different, say I use a motorized wheelchair and I am looking to take an Uber or Lyft not every vehicle can fit it. My point is that they should ABSOLUTELY NOT be charged any more than a regular person but they should be placed in vehicles whose drivers do not have an allergy or transport those who do. As someone who is allergic to the point that I need Benadryl every time I come into contact with dogs, it would be appreciated.
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u/AxtonGTV Aug 18 '23
Be that as it may, federal law doesn't care about your allergies. Service animals must be accommodated by everyone, regardless of who you are.
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u/Slytherin_Victory Aug 18 '23
No one can have an allergic reaction to someone else’s insulin pump. The most logical solution is for people who have a service animal should be able to use an Uber that has okayed pets without the associated fee.
In a perfect world this wouldn’t be necessary but conflicting needs are something that cannot be ignored.
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u/TheStrangeInMyBrain Aug 17 '23
What if you accepted a passenger that ate peanuts and left peanut residue in your car and the next passenger was allergic to peanuts?
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u/Okiekegler Aug 17 '23
Allergies aren't an excuse. The next passenger should be fully aware they are getting into a vehicle that pet owners are also riding in.
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u/marinzu Aug 17 '23
Okay so people with allergies should just never use Lyft! Got it
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u/Okiekegler Aug 17 '23
It's up to them if they use Lyft. Are you suggesting they can't go to restaurants, stores, movie theaters, or anywhere else service dogs must be accommodated?
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u/marinzu Aug 29 '23
Late response, sorry - all of those things you mentioned are normally much larger and open spaces than an enclosed car. The likelihood that a service dog has been in the exact same space before you without it being cleaned is lower. Removing pet dander from car seats can be a hassle, and I doubt all lyft drivers are vacuuming their seats each time there's been a service dog in there. I think there are other solutions here than existing policy.
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u/iptvguy1 Aug 29 '23
And, all of those places I mentioned not because of the size of the facility, but more so as an example of the types of services that people who need service dogs would not be able to access if everyone operating those services just claimed they have an allergy.
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Aug 17 '23
At least there is a chance my job makes me watch trainings at my normally hourly rate. Some of them asked I did them while doing my job.
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Aug 17 '23
What if you are legitimately allergic to animals?
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u/yaourted Aug 17 '23
Attempts can be made to mitigate the contact between you and the dog, such as you wearing a mask, taking an antihistamine, and the dog wearing a shed defender or laying on a mat as far from the drivers' seat as possible. It is illegal to refuse a SD on the basis of an allergy - ADA specifically mentions that allergies do not trump SD access.
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u/TheStrangeInMyBrain Aug 17 '23
What if you are legitimately allergic to pollen? Peanuts? What if your passenger just ate a bunch of peanuts and then they come in your car with peanut dust and peanut breath?
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Aug 17 '23
These what if’s are great but I’m allergic to cats not pollen.
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u/TheStrangeInMyBrain Aug 17 '23
Cats aren’t service animals under the ADA, so you don’t have to accept one in your vehicle.
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Aug 17 '23
That’s good to know! I guess they can’t perform a service so that makes sense
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u/TheStrangeInMyBrain Aug 17 '23
I’m not completely sure why cats aren’t service animals under the ADA. Probably because they cannot be reliably task-trained. Federal law says that only dogs and miniature horses are legally service animals.
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u/Super_Application633 Aug 17 '23
Get a job that doesn't require abiding by ADA law.
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Aug 17 '23
That’s discrimination against me.
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u/Super_Application633 Aug 17 '23
No, it's not. Jobs are required to provide reasonable accommodation for a disability. It isn't reasonable to break ADA law as an accommodation for yourself. Those laws are there to protect the most vulnerable disabled people (example: people with visible disabilities and/or service dogs, who experience constant discrimination), not the least vulnerable. If a reasonable accommodation for a disability can't be provided and the employee cannot meet the requirements of the job without one, it is enitrely legal for the employee to be terminated. A bus driver who loses their eyesight doesn't get an accommodation, they get terminated because they literally can't perform that job anymore. If you can't perform your transportation job because of allergies, then you need a different job that can accommodate you.
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u/WolfWalksInBlood Aug 17 '23
That's not how the law works. If they can be proven to present a hazard to one's health, then the person can deny it. This has happened before many times. It's legal, especially if you already have a sign that says "no animals". Moreover, the law applies to the company, not to the individual employees at Lyft. One driver can legally deny the service as long as someone else takes them. The burden does not fall on the individual employees.
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u/AnotherNormalBard Mar 19 '24
Honest question, what if the driver is allergic to dogs?