A wheelchair user has won a Equal Status case against Bus Eireann.  Karol Doherty submitted that the company should provide busses that were wheelchair accessible and that he should not have ascend the steps of the bus ‘on his bum’ or be carried up by a driver.  Bus Eireann thought carrying up the steps or other degradation of the passenger was ok.   To quote from the decision:

The respondent submitted that it had discharged its obligations to the complainant with respect to Section 4 by providing assistance to the complainant to get on and off the bus. Having heard the evidence of the parties in this respect, and, in particular, having considered the complainant’s description of the difficulties he experienced with this form of assistance, I am satisfied that it was unduly difficult for him to avail of the service in question. Furthermore, in considering the question of reasonable accommodation, the Acts require that the respondent does all that is reasonable to accommodate the needs of the complainant. In particular, it must at least consult with the person requesting the reasonable accommodation with a view to establishing fully the factual position in relation to that person’s requirements.

Mr. Doherty won his case as the Equality Officer ruled that Bus Eireann did not do everything it could and did not consult with him regarding his needs and how they could be met.

One day it will be agreed that being carried up or down the steps by the driver is not reasonable accommodation, or that you can turn up for a journey without having to decide 24 hours in advance that you want to go somewhere, or that you can expect the steps or lift on a bus to be in working order on all routes.  Indeed the headquarters of said company should be adapted without it being seen as above a nominal cost.  (yes they went there)  The respondent demonstrated that another company operating on the route were able to meet his needs.

This decision goes part of the way to establishing the rights of people with disabilities when using public transport.  There is still a very long way to go.   Congratulations to Karol for taking the case, hopefully more people with disabilities will be encouraged to take cases when they are refused the right to use a service and won’t take the excuses or the carrying anymore.