Elmo
Photo: Eli Mandelbaum
Taxi driver who refused a guide dog loses NIS 10,000
A Jerusalem court has ruled that the driver broke the law when he refused to drive a blind woman and her guide dog on a rainy day; he has been ordered to pay the woman NIS 10,000 compensation.
The Jerusalem Magistrates' Court ruled on Thursday that a taxi driver violated the law when he refused to permit Ora Darshan, a blind woman, to enter his vehicle with her guide dog, Elmo, on a rainy day.
The court held that the driver's refusal, reportedly out of fear of damage to his taxi, violated the instructions of the Equality Law, as he refused to provide service to Darshan because of her disability and her guide dog. He was ordered to compensate Darshan 10,000 shekels, plus legal fees. In reaching this amount, the court took into consideration the defendant's apology shortly after the incident.
Speaking with Ynet, Darshan recounted its circumstances, which took place during the winter of 2012. Then, she needed to bring her two-year-old son to the pediatrician. She telephoned the taxi company and expressly informed them that she made use of a guide dog.
Ora Darshan and Elmo (Photo: Eli Mandelbaum)
Further accompanied by her mother and a friend, Darshan went outside with her son and Elmo. When the taxi arrived, Darshan's friend first approached, as Darshan feared that the sight of Elmo would cause the driver to carry on without stopping. On approach, the successful plaintiff retold, the driver apologetically refused because his car was new. Her friend's insistence that refusing Darshan service was illegal did not persuade him.
"I was very angry with him. I didn't understand how a person could be in a new car and see me in the rain with a baby and run off," explained Darshan. "I really hope that taxi drivers will learn from this. I think that everyone needs to understand that a guide dog is really a person's eyes, and you can't refuse to take a passenger because he's helped by a dog."
The lawsuit was filed by Gilat Ben Zaquen from the Commission for Equal Rights of Persons with Disabilities, which claimed that in addition to violating the Equality Law, the driver violated the Prohibition of Discrimination against Blind Persons Accompanied by Guide Dogs Law.
Commissioner for Equal Rights of Persons with Disabilities Avrami Torm said in response to the ruling, "The judgment serves as an important milestone in the struggle for equal rights for persons with disabilities in general and to eradicate the unacceptable phenomenon of discriminated against blind persons accompanied by a guide dog in particular. Every provider of service to the public has the responsibility to provide service to persons with disabilities as well."
