Massachusetts Examining Disability Access For Uber, Lyft 155
An anonymous reader writes: Uber and Lyft have been dealing with a host of legal and regulatory issues, and the Massachusetts attorney general's office is adding one more: disability access. No formal action has been taken, but the office has contacted the companies to see how they handle equal access. Uber says it often speaks with advocates about accessibility, and less than a week ago they introduced uberASSIST, which connects riders with drivers who are specifically trained to assist those with disabilities. Still, the inquiry seems to have been spurred by questions from disabilities rights groups, not to mention ongoing lawsuits. "[T]he National Federation of the Blind of California accused Uber in a lawsuit last year of discrimination by refusing to transport guide dogs. A San Francisco federal judge has said the case can proceed. ... In Texas, Jennifer McPhail sued Lyft last year, accusing the company of not having a wheelchair accessible vehicle operating in Austin."
So what is the answer? (Score:3)
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Deny access to everyone because Uber isn't ADA compliant?
They should apply the same answer they would with any other company not in compliance, unless you think Uber should get special treatment.
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User seems to only exist in places where there are already taxi services. Taxi service already have vehicles that service handicapped people. Why would a handicapped person insist on using a service that isn't equipped to accommodate them instead of just calling a cab that IS?
This is like those lawyers that drive around small towns looking for businesses that aren't whe
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Maybe you'd like to be the one who chooses which companies must comply with certain regs, and which don't, but as a matter of public policy, it becomes very complicated once you start parsing regs based on those criteria. I think Uber is a great idea, but that doesn't really matter when it come to fairness.
If you want to propose to do away with the regulations altogether, and let companies c
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If it is available to the general public, it becomes quite murky.
But that's the whole point. It's not available to the general public if you must pay a fee and register as a member.
Unless you want to redefine words and terms specifically for Uber/Lyft?
Which is even more wrong and corrupt.
Uber/Lyft and similar services are a threat to the comfortable little crony relationship between taxi companies and politicians, and a threat to government's desire to regulate, monitor, and control every aspect of society and all social interactions.
This is just another example of th
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But that's the whole point. It's not available to the general public if you must pay a fee and register as a member.
I think you are making quite an assumption that a large company can skirt regulations with such a trick. You may want to see what other bounds there are on private club qualification besides just charging a member fee, and also what types of business can operate as a club and be exempt from certain (but not all) regulations. For example, a private club cannot violate fire codes.
I'm sure the types of tricks you are coming up with have all been tried before in many different ways.
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I think you are making quite an assumption that a large company can skirt regulations with such a trick.
That's the entire point. It would cease to be a company and become a private club.
Again, you would have to redefine words and terms to get around existing laws in order to attack UberClub/LyftClub.
Which you seem to be OK with.
At least, until it affects something negatively that you specifically care about.
Strat
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Costco is a membership club, yet they must adhere to accessibility regulations. You don't see big companies skirting regulations by becoming 'clubs'. There is a reason for that.
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It doesn't matter if I am ok with it or not. The point is, there is simply no freaking way your trick will work. You might believe it should, you might want it to, I might want it to, but you simply don't understand it isn't so simple.
It probably won't work, I agree. I was not aware that operating under the existing laws governing private clubs was a "trick". I guess operating within long-established laws is considered a "trick" when it thwarts the Progressive government political agenda. The US government routinely ignores the Rule of Law and does whatever it damned well pleases regardless of laws or the US Constitution that contradict it's position.
The US has for all intents & purposes become the world's largest "banana republic" w
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And, by the way, the Uber issue is not only a US issue, just check out what happened in France a few weeks ago with the taxi drivers.
But hey, never is a chance to take a shot at the US, right? I sure whatever country you live in is much better in every
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But hey, never is a chance to take a shot at the US, right? I sure whatever country you live in is much better in every way.
I am a US citizen.
I do not allow nationalistic pride to blind me to reality. The US is well on the way to being a full-blown authoritarian fascist oligarchy.
And, by the way, the Uber issue is not only a US issue, just check out what happened in France a few weeks ago with the taxi drivers.
I am aware. It's no surprise that entrenched interests try to protect their government-enforced monopoly and that the government works to protect it's partners in cronyism. That's pretty much what is happening here in the US regarding Uber/Lyft, nor will it be a surprise when other businesses who depend on government to protect their markets and busines
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Spare me your lectures. You don't do a very good job of making your points, some of which I actually think may be somewhat valid, because you engulf them in angry generalizations and doomsaying. Basically, you come across as they guy with a "The end is near" sign.
I'm sorry to day that ultimately, Uber will disappoint you, as they care nothing about you
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If anybody can come in off the street, pay the fee, and become a member, it isn't a private club. I'm very confident that this has been tried before unsuccessfully.
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If anybody can come in off the street, pay the fee, and become a member, it isn't a private club.
What, then, are the prerequisites for being a private club, if filling out an application and paying a membership fee are insufficient? That's pretty much all it takes to join private clubs such as the Elks Lodge and similar clubs who operate private bars. Do they no longer qualify, and has anybody informed them of the change in their status?
Strat
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What do the Elks do, specifically? Do they act like a business? I don't know what the legal requirements are. What I am sure of is that, if you want to run a business, and not comply with the laws that restrict businesses and not clubs, and so you try to be a private club with indiscriminate membership, the courts will nail you.
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What do the Elks do, specifically?
Sell food and alcohol and are de facto bars/restaurants/nightclubs, for one set of examples, many of which operate at hours when a normal bar is forbidden to operate. Because they are private clubs, not public businesses.
The only real difference is in whose ox is being gored. In this case with Uber/Lyft it is the incestuous relationship between the taxi service industry and the government.
Politicians get quite testy when someone gets between them and their graft & corruption. Despite all the hand-wringi
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I'm not familiar with the law, but Uber is pretty obviously a business, and judges are not going to be kind to people who try to misrepresent a business. It isn't a matter of whose ox is being gored, it's a matter of judges not being completely stupid. They're on to obvious attempts to avoid the law.
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Deny access to everyone because Uber isn't ADA compliant?
There's a significant contingent of disabled people who believe precisely that. If they can't have it, nobody else should have it either. And if their demands put it out of business, then they're happy to have destroyed someone's livelihoods even if they never would have shopped with them to begin with.
Making utilities and necessities accessible to the disabled is reasonable. Forcing everyone else to accommodate them is wrong. If we really gave a shit about the disabled we wouldn't build military aircraft w
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It probably depends. If you're wheelchair bound and are unable to move into a vehicle unassisted you're already utilising wheelchair taxis, not normal taxis, so it probably wouldn't apply in those situations. Refusing to have a guide dog in the car is problematic though, as they're permitted pretty much everywhere and are quite well trained. It's not unreasonable to require drivers to take a guide dog if a blind person hails a taxi, unless they're allergic, so why should ridesharing services be permitted to
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do they give them back, or do they keep them?
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That's how the law works. Blame legislators. They have but one tool, and wield it when they will.
And the tool is force.
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So it would follow that when the disabled find it necessary to utilize a ride "sharing" service that it is reasonable for that service to be accessible to them.
Since a ride-sharing service is neither a utility nor a necessity, you're wrong as usual. If they had a monopoly on transportation, you'd have a valid point. You don't. As usual.
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Since a ride-sharing service is neither a utility nor a necessity, you're wrong as usual.
It's not a necessity? So that means they don't really need it. WTF are you talking about? What alternatives are there?
Re:So what is the answer? (Score:4, Insightful)
Their handicap isn't OUR fault....
Just because something is not our fault does not mean we cannot collectively make things better. You know, old-fashioned pre-21st century things like succor, empathy, and compassion.
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Can we stop calling Uber a "ride sharing service" and just call it a taxi company?
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Can you hail a Uber as you see it go through the street by waving at it?
No, you can't. Ride sharing service is not the right term for it, but neither is Taxi.
Then you have the distinction between part timers using their own car to give rides every now (eg UberX) and then vs limousine service (eg: Uber Black).
So how do you call UberX? Make up a name, it doesn't matter. But its definitely not a Taxi service. At best they should follow limousine rules, but they very well may be something else.
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This strange techbro romantic notion that the Internet creates a magical world where there can be no rules.
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Can you hail a Uber as you see it go through the street by waving at it?
No, you can't. Ride sharing service is not the right term for it, but neither is Taxi.
It is more like a Taxi service than anything else. You can schedule rides with Taxis or Uber. Just because Taxis provide additional services doesn't put the services Uber provides in a different category. It is selling rides. Call them a 'ride selling' company, and Taxis would also be considered that as well. The definition of a Taxi service is definitely not "a service you can hail on the streetside".
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That is basically the only significant difference between a taxi and a limo service. You need a medallion to be able to pick up random strangers hailing you. You do not to pick up someone who has registered ahead of time and called you up. While you can call a taxi on the phone ahead of time, you can also call up a chinese limo service in NYC that is basically better in every way (you can also pick one up at design
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Guess what, an even better idea would be to put them into these huge institutions where everything could be centralized so there is not even a need for transporting them anywhere...
And now that the cost center is well defined, the taxpayer can have complete control over the finances!
Another transparent attempt... (Score:1)
... to protect entrenched special interests from competition/audit/legal action/defunding/etc... using "health", "safety", and/or "the children" as the reason monopolies, cronycapitalism, campaign donors, and other shill like behavior has to be protected from... literally anything that would clean house.
Name anything broken in government or the economy and I shit you not... every last bit of it is armored in babies.
Baby armor.
https://dviw3bl0enbyw.cloudfro... [cloudfront.net]
And why does this work? Because voters/readers ar
Disabled (Score:5, Insightful)
You are not the center of the frigging universe, as difficult as that may be for some of you to comprehend.
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"Turning our backs on the weakest among us" is bullet point #2 on the technobro-libertarian agenda, didn't you know that?
"Libertarianism...IT'S A COOKBOOK!"
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Not the disabled in themselves, but the Taxi vs Uber (and other similar services) shows what happens once you put regulation over regulation over regulation on a system. It eventually becomes so poor, that unless you have the resources and influence of New York City, the system eventually becomes useless and expensive to the point it may as well stop existing.
Taxis were a luxury people would use to go to the airport if they couldn't find someone to drop them off, or if they were stranded drunk on a populate
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The disability acts in many countries have created situations of "if the disabled cannot have it, no one can", like ebooks in schools, and this.
Point of fact: Disability laws in the U.S. require a reasonable accommodation.
If a company can put braille numbers on elevator buttons for essentially no additional cost, they have to do it.
If a landlord has a 6-story walkup building, he doesn't have to install an elevator.
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Yes, the law asks for that. In practice, once every single group asks for a "reasonable" accommodation, sometimes pushing the limit of the definition (but even if it wasnt), it fucking adds up. A lot.
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Yes, the law asks for that. In practice, once every single group asks for a "reasonable" accommodation, sometimes pushing the limit of the definition (but even if it wasnt), it fucking adds up. A lot.
Actually, it doesn't cost a lot.
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It's not just /. people. It's MANY humans around the world. Humans suck. :(
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I have a really bad disability known as "being born to poor parents". You can look at the research if you doubt the severity of this disability. Taxis are not compatible with my disability.
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The argument that "business" should not have to do anything with disabled people as they create costs is particularly concerning. It means exclusion from most of the workings of the world as "business" is what is supposed to run the world. Another problem is the rather nasty attitudes about placing blame and the hyperbole about wanting to deny others their ability. It's the sort of paranoia out of Ayn Rand really, and the most aggressive people might actually be able to justify things I'd rather not contemp
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If Uber drivers are truly independent contractors, do they have to abide by the ADA?
Maybe, but it certainly would seem to apply to Uber itself.
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That is NOT why the ADA exists.
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Most taxi drivers where i live (Phoenix) are independent contractors. Sort of like long-haul truckers.
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Yes they are in business they have to abide by the ADA there are no exceptions.
Brought to you by Big G
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mcdonalds's and other franchises are independent but they still have to abide by the ADA
Re:No surprised in good ole Mass... (Score:4, Insightful)
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Right.
And all the 4 door sedans that are used as taxis have a wheel chair lift and 20 sq ft of space to secure the rider.
Most Taxis are not Handicapped friendly. They are just Grandma Cars that stink.
This is nothing more than cronyism.
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>
Most Taxis are not Handicapped friendly. .
Most parking space are not handicapped spaces. You only need enough to serve. Taxi companies have handicap friendly vehicles that are dispatched to those customers, and they keep enough available to handle those requests. It would make no sense to outfit every vehicle, I am surprised you didn't think that through.
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You mean like UberASSIST?
But the Government won't let that prevent them from shutting them down. Especially MA Government which is the closet thing the the USSR you will find in the US.
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You mean like UberASSIST?
Yes, if Uber assist is making cars available for those that need them, that is, there is enough of them to serve that market adequately, then that would bring them in to compliance. But I sense that UberASSIST availability is severely limited, hence the complaints.
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Exactly what is my belief system? Seem like you are working with insufficient information on that as well.
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So the USSR has a history of electing Republican leadership? You know, the majority of the past 26 or so MA governors have all been Republicans.
You misspelled "Progressives".
It matters not whether there's an (R) or (D) by their name. Progressives believe there is no area of the private sector that could not use more government involvement and control.
Progressives are the reason the US is in the sorry state it is and why individual liberty and private property rights are going the way of the Dodo bird in "the land of the free, home of the brave".
Here's the darling of the Progressive movement, George Bernard Shaw. What he espouses in this video is on
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It was the reactionaries like you who cheered for the Nazis and it was the big business who funded Hitler because of his anticommunist platform. And the first thing Hitler did after he rose to power, was to arrest all progressives (SPD and KPD members).
You should stay with playing guitar and not talking about things you apparently have no idea of.
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It was the reactionaries like you who cheered for the Nazis
No, history clearly shows it was the Progressives and their fellow-travelers in the US.
and it was the big business who funded Hitler because of his anticommunist platform.
IBM did business with Germany along with others, but "funded Hitler" as in supplying him with large amounts of cash donations as you imply? Fantasy.
And the first thing Hitler did after he rose to power, was to arrest all progressives (SPD and KPD members).
The SPD and KPD were socialist and communist political parties respectively, from the former Wiemar Republic.
In the Weimar Republic the left consisted of the Communists (KPD) and the Social Democrats (SPD). The Center consisted of the Democratic party (DDP), the Catholic Cente
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Progressives like Henry Ford?
That only shows your lack of historical knowledge. Hitler was funded by Thyssen [wikipedia.org], Borsig, Krupp [wikipedia.org] and several other German industrialists yearning for "good old times". There was also support from abroad, like donations from Vickers-Armstrong (UK) and
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I am German, I know our history very well and all of this is even highschool-level stuff that doesn't go very deep.
Yet, you provide no links to citations.
Weimar, not Wiemar. Why do you Americans have such a large problem with the "ei" diphthong?
Auto-correct sucks sometimes. Sorry I did not catch it. Auto-correct insists it's Wiemar. It's not Americans in particular. Thanks for the sweeping generalization, though. Very Progressive of you.
And of course they were progressives.
There are more than one group who call themselves Progressives. Why do Europeans fail to realize that their political and ideological groupings and distinctions are not the only ones that exist? It's the same sort of difference that Europeans are so quick to point out between
Re:No surprised in good ole Mass... (Score:5, Insightful)
Most parking space are not handicapped spaces. You only need enough to serve.
If this is a service that is needed by people, then it should be provided by government, and not forced upon private enterprises. Towns and cities themselves should operate transport for the disabled. Government should also foot the bill for wheelchair access and the like. I'm not against accessibility, just against forcing business owners to pay for it in cases other than necessities.
The government DOES provide it. They do so through legislation that requires hire car businesses to have a certain percentage of vehicles on the roads at all times that are accessible, the cost is then passed on through higher average fees across all vehicles. In essence this is one of the taxi industries complaints (and a justified one at that), Uber by ignoring the regulations avoids costs that legitimate businesses pay and hence can undercut the market.
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"Most parking space are not handicapped spaces. You only need enough to serve."
Actually, you only need enough to satisfy the requirements of the law. Whether that is enough to serve the need is not even the point.
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Oh, you mean slavery.
nobody is forcing anybody to be in business
if you want to do business, you play by the rules
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The government DOES provide it. They do so through legislation that requires hire car businesses to have a certain percentage of vehicles on the roads
Oh, you mean slavery.
So first you whine that the government isn't doing anything, now you whine because it is pointed out they are doing something and doing it in probably the most tax efficient manner.
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Right. And then people like you begin to cry when the government raises taxes to pay for stuff like this.
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That's because when the government forces the cost on private businesses, that hides the source of the increased costs. When the government actually has to raise taxes to pay for it, people can figure out that it's too expensive. If the company raises its prices because of government mandates, people just say "greedy companies" rather than blaming the government. Making the government pay for these things directly is an important part of having checks and balances on the government because people notice
Re:No surprised in good ole Mass... (Score:5, Insightful)
In other words, "if you make the government pay for it, people will complain about raising taxes" is a feature, not a bug. That's the point--the government should make it obvious that it is taking the money, so the public can decide whether it's really worth it. And sometimes they won't.
The likely outcome of leaving a mostly able-bodied populace to decide whether providing transportation to the disabled is "worth it" is precisely why such matters are and should be handled by the government which, ostensibly, promotes the common good.
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Not necessarily. If the majority of people agree that, say, accessibility is desirable, be it whether they pay through taxes or some "hidden" cost, then it remains to decide what is the best way to implement the goal.
If it is then agreed that the best way to get disabled people included in the world is to make sure that competition does not mean accessibility is sacrificed, then they might not be interested in getting this "tax signal" at all.
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Oh, sure. Because when we create yet another government agency, that will be sooo much cheaper.
I could agree on giving them tax breaks or something if they buy disabled-fit cars due to regulations.
But if the infrastructure already exists and only needs to be added upon, why create yet another totally unneeded agency? Don't forget, the government wouldn't just have to buy such cars. They'd also need drivers, they'd need callcenter agents, dispatchers, managers, IT,...
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I am not sure if, if one really seeks a solution that inclusively works in the real world, you can break up these kinds of costs into separate components that you could then just tax people with. They just need to be a part of the big picture in a way that you can't just constantly "re-evaluate" in terms of whether they in particular have now become "too expensive".
Integration into the services on the overall market is just simply more efficient. Certainly the cost is passed on to the consumer, but the prov
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So, you want to the government to establish a taxi service when there already are several existing. Good to know.
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There is a logic to it.
- Pure market solution would not provide for this
- Market solution with "guidance" is wrong as it interferes with the pure market solution
- Government solution is wrong because it taxes people, but at least people see how they are being manhandled by government. It is also a worse solution, so we still prefer it because it is.... worse.
Re:No surprised in good ole Mass... (Score:4, Insightful)
If this is a service that is needed by people, then it should be provided by government...
Aren't all services "a service that is needed by people"?
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yeah by that argument the government should sell food and build houses
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No.
If you drive a car in the U.S., you probably need to have auto insurance. You avoid insurance by not driving a car. You avoid driving a car by living and working where alternative transport is available. Yes, this means most of North Dakota is not a place to try and go without a car, while Manhattan or inner city Boston is a great place to go without a car, though Boston will challenge you with more hills and snow.
If you lived in America more than about 6 years ago, you could go without health insuran
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What would you have done in case of catastrophic illness, or was that just a risk you were willing to take?
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If you lived in America more than about 6 years ago
What would you have done in case of catastrophic illness, or was that just a risk you were willing to take?
Wasn't that the time of Theodoric of York, medieval barber? In case of catastrophic illness, break out the leeches.
Re: No surprised in good ole Mass... (Score:2)
Acceptable risk. At 25 you're immortal.
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Except that everybody's covered for emergency medical services. If you show up at an emergency room with an expensive problem, they have to stabilize you before they can discharge you. They'll try to collect money for it, but in general they won't collect anywhere near their expenses.
This drives up all hospital costs, since the hospitals have to build into their prices the idea that they won't get nearly all the money they invoice for. If you walk into the emergency room with a bad heart attack or get
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If this is a service that is needed by people, then it should be provided by government, and not forced upon private enterprises. Towns and cities themselves should operate transport for the disabled. Government should also foot the bill for wheelchair access and the like. I'm not against accessibility, just against forcing business owners to pay for it in cases other than necessities.
Have you ever complained about this before, or did this just become an issue for you now that it affects your beloved Uber? Its been common practice for a very long time.
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"If this is a service that is needed by people, then it should be provided by government"
You do know this is about Uber operating in Massachusetts, right?
It's popular to think "it should be provided by government", and wrong. Indeed, one of the most damaging changes in our nation is this concept that the 'government' should be providing.
By this example, the 'government' should:
- Operate supermarkets and other stores that sell food.
- Build and manage housing of all kinds.
- Produce and distribute clothing fo
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Towns and cities, those that have public transportation, already have accessible transport for the disabled. Why should the private companies that serve the public be allowed to pick and choose those who they want to serve?
The "government" (the feds) simply legislated that businesses cannot discriminate agai
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The problem with that kind of reasoning is that most services in society actually are provided by private businesses, and rightfully so, as that kind of an arrangement comes with various benefits that you are certainly aware of. Not only is access inclusive, it will, in the long term cause the services to actually improve according to just who happens to do things better. We can of course discuss what the actual market mechanism is that is used to send the appropriate signals -- it does not need to be as lu
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Right.
And all the 4 door sedans that are used as taxis have a wheel chair lift and 20 sq ft of space to secure the rider.
Most Taxis are not Handicapped friendly. They are just Grandma Cars that stink.
This is nothing more than cronyism.
I live in New York City. I have neighbors who are in their 80s and 90s, and I occasionally help them to get to medical appointments. We take a cab. One guy uses a 4-wheel walker. We hail a cab on the street, the cab pulls up to the curb, we put the walker in the trunk, and get into the cab. No problem. People who use wheelchairs do the same thing.
There are some mini-cabs, which aren't allowed in New York City, which are difficult for handicapped users. I was at the physical therapy department of a hospital,
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They can contract with, or employ, enough drivers to cover this. It will cost them a little more, most likely, but that's a requirement of running a taxi business.
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Not every disabled person is born that way. Sometimes people receive injuries later in life so that many more don't. Should we throw those people to the wolves as well?
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No, if our society wants to preserve those people, then our society should pay the costs, and not people who are just trying to operate a business.
Our society IS paying the costs. We ARE paying more to accomodate these people.
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"If"?
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Government pays for nothing. Taxpayers pay for everything.
There you go again...
Re:This is not about people with disabilities (Score:5, Informative)
Does anybody really think the state of Massachusetts actually gives a flying fuck about disabled access to Uber and Lyft?
Yes, I do. Massachusetts is very aggressive about disabled access. They put wheelchair access on EVER SINGLE BUS in the MBTA fleet. I see disabled people on the bus ALL THE TIME. The state mandates handicapped parking spaces. I see disabled people using these parking spaces ALL THE TIME.
All presented in a way of protecting the poor helpless disabled
Most of these disabled people use public transportation to COMMUTE TO THEIR JOBS. With public transportation they are NOT poor and helpless, they are active contributing members of the community. Take away public transportation and THEN they become useless.
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Oh, I get it. You think that there shouldnt be any private business. You wont admit it of course, but anyone that takes a look at your posting history will see that its true. You do not believe in free enterprise, private property rights, nor the liberty of ordinary people.
You only assign liberty to government. Fuck off.
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If I have a handicapped friend, and I invite them to go somewhere with me, they better be able to utilize my vehicle or arrange their own.
because its really all about you
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because its really all about you
Looking at your posting history, we see that for you its all about government. You want the government into everything. You dont even believe in private property rights.
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Some people recognize the benefit of having the government involved in regulating certain markets.
Yeah but this guy in particular wants the government to regulate every market, completely.
Dont make excuses for him. Don't try to downplay it. His belief system is based on the notion that the government rules and fuck individualism.
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You want the government into everything. You dont even believe in private property rights.
You take the time to write something like that and yet you don't believe in correct punctuation.
I do think it's funny that you infer that from what I say.
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How is it that you don't get any cognitive dissonance by at the same time believing in private property rights and living on a stolen property?
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