Blind man, guide dog win court action
Andrew Dowdell, Court Reporter: The Advertiser | July 23, 2008
http://www.news.com.au/adelaidenow/story/0,,24065026-2682,00.html
A BLIND man who won a lawsuit after his guide dog was refused entry into a taxi is happy with the result – even though it means he lost a potential windfall.
Peter Ellson was today awarded $2300 in compensation and damages after the Equal Opportunity Tribunal found he had been discriminated against by a cabbie working for PBL Taxis in February 2006.
However, Mr Ellson could have made $25,000 more by settling out of court.
Mr Ellson said he took the legal action on behalf of all blind people who have experienced problems getting their guide dogs into cabs.
“Every single guide dog user through the metropolitan area have had difficulties with catching taxis and there are only three or four of us who have ever brought it to the Equal Opportunities Commission,” he said.
“They (taxi companies) still haven’t got the message but I’m thinking that today they probably got the message.”
The tribunal found that taxi companies and booking agents were responsible for the actions of their drivers.
Mr Ellson said some drivers were still prepared to “take the risk” of refusing entry to guide dogs.
“It’s a little bit like drink driving – people used to take the risk until the penalties got tougher,” he said.
“It’s the same with guide dogs – if they don’t want to take a dog they will take a chance.”
Mr Ellson was born with sight and said he knew how it felt to be treated as a “normal person” as well as a “second-class person.”
He said his legal battle had cost him much more than his $2,300 payout – but that his fight was never about the money.
“I’m not in it for the money, if I was on the second day of court, the operator’s solicitors actually offered me $27,000 to withdraw the complaint and go away – and I refused, I turned that down,” he said.
Family First SA leader Dennis Hood applauded the tribunal’s ruling as a win for blind people across the state.
“This case should have never gone to the tribunal in the first place,” Mr Hood said.
“The reality is that common decency says that if somebody’s standing on the corner with a guide dog then they should be picked up and it’s really sad that it had to go to this point.”
Mr Hood, whose mother is blind, said he was considering introducing a bill to Parliament which would see taxi companies liable for fines up to $10,000 for discriminating against passengers.
“Money hurts – the buck stops when you have to pay a fine and the reality is that if you hit the taxi companies where it hurts then they will be forced to pick up people with guide dogs,” he said.
Blind man ‘gobsmacked’ as taxi refuses dog day after ruling
Andrew Dowdell, Court Reporter: The Advertiser | July 24, 2008
http://www.news.com.au/adelaidenow/story/0,22606,24071667-2682,00.html
A BLIND man says he was “gobsmacked” to be refused entry into an Adelaide taxi today – less than 24 hours after he won a landmark discrimination court case.
Peter Ellson was yesterday awarded $2,300 damages by the Equal Opportunity Tribunal over a cabbie’s refusal to let his guide dog into a taxi in February 2006.
Mr Ellson told The Advertiser he was stunned when another taxi driver sped off this morning, leaving him and his guide dog Faith stranded on a South Plympton street.
“I was gobsmacked – I really thought after yesterday that there would not be a person in South Australia who did not know that taxis have to take guide dogs,” Mr Ellson said.
Mr Ellson said he had booked the taxi through Suburban Taxis from his son’s house at 8.20am.
He said the driver stopped and emerged from the car before getting back in and driving off.
“He never said a word to me. I called my dog, got my bag and harness and then he was gone,” Mr Ellson said.
The Kangaroo Island man, who was born with sight, became a self-appointed crusader for blind people with his court action against PBL Taxis.
Mr Ellson turned down an offer of $27,000 to settle his discrimination claim out of court.
He said today’s refusal was like a “kick in the guts.”
“It’s absolutely deflating because I was on a high yesterday and I come out this morning and some guy kicks me in the guts again,” he said.
Mr Ellson said he had called Suburban Taxis to complain about the drive-off.
“I called them and they should have the call logged so we should be able to find out who the driver was,” he said.
While Mr Ellson said he would “get over” the incident in a few days, another court saga loomed.
“We are going all the way with this one as well, if that’s what it takes for them to get the message,” Mr Ellson said.
Family First leader Dennis Hood is considering introducing a bill to Parliament that would see taxi companies facing a maximum fine of $10,000 for refusing guide dogs entry.
Comment:
Not one word mentioning that it’s Islamic belief that is the discriminating factor in this case.
Cailen.