Latest news with #AmericanswithDisabilitiesAct
San Francisco Chronicle
3 days ago
- Business
- San Francisco Chronicle
‘Just plain horrible': Prolonged Caltrans construction in California resort town has locals fuming
Last winter, Jennifer Gilbert drove into Guerneville, but the bohemian town she'd loved since childhood seemed to be gone. Barricades choked block after block of Main Street. Construction vehicles and equipment were strewn about. Instead of stopping, she kept driving. 'I thought, 'Oh no what happened?'' the Woodside resident said. Fast-forward to June, and Caltrans construction barricades still lined Main Street, with seemingly no place for pedestrians to walk. Rivertime Restaurant and Bar owner Leslie 'Jo' Crane said she routinely found orange-and-white striped barricades blocking the door of her business without warning, but she couldn't afford to close so she would push them aside. 'It was ridiculous — people didn't realize we were open,' Crane said. The $6.6 million project to redo four blocks of sidewalks, launched last September, was supposed to wrap up before the crucial summer season when businesses earn most of their income. But the project has dragged into July. Though most sidewalks have reopened in the past several weeks, allowing tourists to park and walk freely again, construction isn't fully done. A Caltrans spokesperson said the project is expected to be complete sometime this fall. 'It's been a mess,' said Nick Schwanz, Russian River Chamber of Commerce president and owner of Solar Punk Farms, a queer-run regenerative farm and event space. 'Welcome to Caltrans,' Sonoma County Supervisor Lynda Hopkins said. Caltrans spokesperson Jeffrey Weiss said the project to upgrade Guerneville's sidewalks to comply with the Americans with Disabilities Act was originally slated to begin last summer. Caltrans delayed the project start 'to minimize construction impacts on merchants during the town's busy summer season,' he said in an email. Once underway, the project hit multiple delays, such as when 'the contractor encountered unexpected underground utility wires that were inactive and not previously documented,' he said. Philip Tymon, a longtime Guerneville resident and chair of volunteer-run nonprofit River Arts, said he and others were initially excited that the sidewalk project might create opportunities to spiff up the gritty, bohemian outpost and make it look and feel like a gateway to the towns and beaches dotting the lower Russian River. But workers poured concrete in an area slated for native plant gardens. Schwanz and Hopkins said the chamber received Caltrans' blessing to paint a rainbow crosswalk where westbound River Road enters town — an apt symbol for the LGBTQ oasis. But Hopkins said they were informed this week the rainbow project was on hold because Caltrans would now require the county to seek a permit and easement to add color to pavement. 'We've had plans for rainbow crosswalks, we've had plans for a mural, we've had plans for plantings. And honestly Caltrans keeps changing its mind or making mistakes,' Hopkins said. Hopkins and business owners said it seemed that Caltrans was operating as if it was repaving a highway — as opposed to doing construction in the middle of a town where local businesses need to stay afloat. Ryan Leong, another Caltrans spokesperson, acknowledged that crews had mistakenly paved an area where the community had planned a garden and said it was working with the contractor 'to make that correction.' He said the agency was looking into the rainbow crosswalk issue but couldn't provide comment in time for publication. 'The current plans do not include any landscaping components,' he said in a statement. 'However, Caltrans will coordinate with local officials on any future efforts to add landscaping throughout the Downtown Guerneville area.' Leong didn't respond to the overall complaints from Guerneville about how the agency managed the project. Douglas DeVivo, owner of Blue Door Gallery, said he'd grown so despondent over the financial loss that he had begun planning to close his business for good. Many business owners reported their revenue had plummeted 30% to 50% so far this year, compared with last year. 'It was horrible, just plain horrible,' DeVivo said. Across the street at Piknik Town Market, owner Mags van der Veen said the impact 'was pretty severe.' 'People driving home from the coast — they wouldn't stop for lunch. They'd just keep on driving,' van der Veen said. Like many small towns across California, a state highway also serves as Main Street in Guerneville. That has left Guerneville residents few avenues to weigh in on how revamping their town — from business disruptions to aesthetics — might unfold. Guerneville is unincorporated and has no city council. The town's tax revenue flows into general county coffers. Hopkins represents the area in a sprawling district from Sebastopol to Fort Ross on the coast. 'It certainly should not take this long and be this painful and have this much economic impact,' said Hopkins, who for a time had to duck under yellow caution tape to get to her Guerneville district office. 'And yet we have zero authority over Caltrans.' The Russian River Chamber of Commerce held a fundraiser in May. Schwanz said the group distributed $18,000 among 26 businesses based on need — not enough, but something, he said. The project included widening sidewalks, installing 23 curb ramps to accommodate wheelchairs, adding traffic signals and sidewalk bulb-outs at corners crossings as well as two pedestrian beacons. It is also adding railings to the Fife Creek Bridge on the western end of town. The construction has dampened what is otherwise unfolding as a renaissance for the Russian River destination after a historic 2019 flood and pandemic-sparked business closures. New businesses such as the River Eclectic resort and swim club are drawing locals and visitors alike. Others are anticipated to open, including the Guerneville Social Club on Fourth Street. Hopkins said that some delays have been understandable, and she was told the contractor had no documentation for the pipes or old growth redwood stumps under the sidewalk's surface. Weiss also said that during the sidewalk excavation, crews 'noticed that the roadway drainage was in poor condition and extensive repairs were made.' 'To give them a small amount of grace, oftentimes old towns built a long time ago have unexpected challenges,' Hopkins said. 'And, yet, you should be prepared for that.' Today, there are signs the project is wrapping up. Rows and rows of barriers that blocked off Main Street sidewalks are mostly down. Bright white sidewalks have replaced the gritty and gray old concrete. Caltrans said the remaining work involves bump outs of the sidewalk at corners and signal lights to make pedestrian crossings safer. On a recent warm Saturday afternoon, people clinked glasses at sidewalk tables along the northern side of Main Street. Tan in Tevas and crop tops, a group of tourists stopped to look at a sun hat display outside a shop. Children skipped holding ice cream cones from Nimble and Finn's. U.S. flags flapped outside business doors — originally hung for the town's Fourth of July parade. Gilbert, who didn't stop last winter, was back on a recent July weekend and sat sipping sangria at a sidewalk table outside Trillium Winebar & Taproom, named for the flowers that thrive in the shade of redwood trees. Many business owners said they believed they would eventually rebound, but they want to help the next Main Street town on a state highway avoid a similar headache. 'If I had advice for the next community — get a lawyer,' DeVivo said.
Time Business News
4 days ago
- Automotive
- Time Business News
3 Benefits of Using a Specialty-Equipped Ride Service If You Have a Wheelchair
Access to transportation is a right everyone should have, regardless of mobility issues. Without proper accommodations, daily commuting can be challenging for individuals who use a wheelchair. Standard rideshare companies often lack the necessary tools or trained personnel to provide secure support, and public transportation may not always offer the required space or amenities. This is where ride services with special equipment come into play. These services are built for accessibility, offering vehicles and assistance specifically suited for people who use wheelchairs or other mobility devices. They are designed not only to meet the physical requirements of mobility device users but also to ensure a smooth, respectful, and dignified experience. Whether you're heading to a doctor's appointment, visiting friends, or just running errands, having a reliable, accessible ride option makes a big difference. If you use a wheelchair, here are three major advantages of choosing a ride service designed for special mobility needs. The vehicle itself is the most obvious benefit. Specialty-equipped services offer vans or cars that comply with ADA (Americans with Disabilities Act) regulations. This includes features such as low floors, wheelchair lifts or ramps, extra interior space, and secure tie-down systems. These features enable a smooth and efficient boarding process without requiring a wheelchair transfer, which can be both uncomfortable and unsafe. All public or commercial transportation services are required by law to provide accessible alternatives that ensure both safety and autonomy. Unfortunately, many mainstream ride-sharing platforms do not consistently offer these features. Choosing a specialized accessible provider helps guarantee that you or your loved one can travel safely and comfortably anytime. Another key benefit is the drivers' training and experience. Drivers for specialized ride services are often trained in both safety protocols and sensitivity regarding mobility impairments. This includes how to properly operate ramps or lifts, secure wheelchairs, and communicate respectfully with passengers who have specific needs. Riders should never have to worry about whether a driver will know how to assist them or whether their wheelchair will be properly secured. Proper training is essential for reducing the risk of injury and ensuring a comfortable, dignified ride. These drivers are also more likely to be patient, understanding, and proactive when it comes to meeting individual needs, making the overall experience far more pleasant and trustworthy. For those with frequent medical appointments, social activities, or everyday errands, scheduled rides through these services can be life-changing. Like anyone else, wheelchair users value independence, and maintaining that freedom relies on dependable and predictable transportation. The ability to schedule a ride in advance and trust that it will arrive on time, with appropriate accommodations, is empowering. Many of these services offer additional features, such as real-time ride tracking for caregivers and the ability to add specific ride instructions for recurring needs. This level of attention to detail adds convenience and reduces stress for both riders and their families. Some services even allow you to save frequent destinations, request favorite drivers, or include personal instructions to make every trip smoother. Transportation platforms help connect individuals with mobility challenges to transportation options that suit their specific needs, offering tools that support both flexibility and independence. TIME BUSINESS NEWS
Yahoo
4 days ago
- Business
- Yahoo
Criminal justice advocates unsatisfied with state budget
Advocates, Gov. Tony Evers and Republican lawmakers have conflicting views about the Department of Corrections funding in the 2025-27 state budget. (Photo by) For criminal justice advocates in Wisconsin, the new state budget leaves much to be desired. Although the $111 billion two-year budget signed by Gov. Tony Evers earlier this month will help eventually close the beleaguered Lincoln Hills juvenile prison, some feel that it missed opportunities to reform the state's justice system. 'Wisconsin's elected officials, including Gov. Evers and state legislators, have once again failed to take meaningful action to overhaul the state's broken and inhumane carceral system,' Mark Rice, statewide coordinator for WISDOM's Transformative Justice Campaign, wrote in a statement released July 11. 'The recently passed state budget ignores the deep harm caused by mass incarceration and falls far short of what is needed to address the humanitarian crisis unfolding inside Wisconsin's prisons.' Evers' original budget proposal released in February contained a number of proposals that were removed or reduced by the Legislature's Republican-led Joint Finance Committee, including $8.9 million to support alternatives to revocation. Another pitch by Evers for $4 million to fund community reentry centers was cut in half by Joint Finance. His proposed $3.19 million in supportive housing service beds for people under DOC supervision was removed. Over $1 million in funding for six positions on the DOC's Americans with Disabilities Act (ADA) compliance team was also removed by JFC. Evers proposed a total increase of $519 million to the Department of Corrections budget over the next two years. The final budget deal instead increased the DOC budget by $461 million over the two-year period. The budget's capital projects plan, passed by the Legislature and signed by Evers, allocated $225 million to the Department of Corrections (DOC), as well as another $15 million towards construction planning for facilities, with the goal of closing the Green Bay Correctional Institution by 2029. Evers used his partial veto to strike the 2029 deadline for closing Green Bay. 'We need more compromise on that,' said Evers, who added that he supports closing the prison, one of Wisconsin's oldest, but called the timeline unrealistic: 'Saying we're going to do Green Bay by '29 doesn't mean a damn thing.' In his veto message, Evers said that he objected to the Legislature 'assigning a date' to close the Green Bay prison 'while providing virtually no real, meaningful, or concrete plan to do so.' 'I support closing Green Bay Correctional Institution,' Evers wrote. 'Indeed, my administration spent years working on a comprehensive corrections reform plan to be able to close Green Bay Correctional Institution quickly, safely, and cost efficiently, which was included in the biennial budget I introduced months ago. I proposed a 'domino' series of facility changes, improvements, and modernization efforts across Wisconsin's correctional institutions while improving public safety by expanding workforce training opportunities to reduce the likelihood that people might reoffend after they are released. Under that plan, Green Bay Correctional Institution would be closed in 2029. Instead, the Legislature sent this budget with the same deadline and no plan of which to speak.' Lincoln Hills, Wisconsin's notoriously troubled juvenile prison, which still houses 79 boys according to the DOC's most recent population report, blew years past its own closure deadline. Now, the budget provides $130.7 million to build a new Type 1 juvenile facility in Dane County to help facilitate the closure of Lincoln Hills. Plans for a second Type 1 facility in Milwaukee County ran into roadblocks from local resistance and political disagreements in the Capitol, though the facility's completion is still planned. Green Bay's prison was originally built in 1898. Plaques embedded in its outer wall commemorate that the wall was 'erected by inmates' in 1921. Over 1,100 people are incarcerated in the prison, which is designed to hold only 749, according to the DOC's most recent weekly population report. In late June, prison reform advocates from JOSHUA, a local affiliate of WISDOM, held a monthly vigil and prayer service outside the prison, where people are held in 'disciplinary separation' for the longest periods in any of DOC's adult facilities. Protesters included people whose loved ones have died inside the prison, some by suicide due to a lack of mental health support. In late August, 19-year-old Michah Laureano died in the prison after he was attacked by his cell mate. Although the budget aims to close Green Bay, how that will be accomplished remains hazy. Rice wrote that the budget 'includes no plan' to close the prison, 'despite overwhelming evidence that the facility is beyond repair.' Instead, Rice wrote in a statement that 'some legislators continue to push for more studies and planning tactics that will only delay justice while people continue to suffer and die behind bars. This is unacceptable.' That sentiment was echoed by the Ladies of SCI, an advocacy group formed by women with loved ones at the Stanley Correctional Institution. Although the group appreciated that closing Green Bay was part of the budget discussion, 'we also agree that does not mean much without funding an actual plan,' the group wrote in an email to Wisconsin Examiner. 'The [Joint Finance Committee] committed that the plan presented by [DOC] Secretary [Jared] Hoy's team in the Governor's initial budget was 'just an idea' and yet, the JFC also just put an 'idea' in the budget. Yes, they put in dollars for a plan to be developed, but this has already been done several times over.' Studies for closing Green Bay, Waupun, and other old and blighted facilities have been recommended as far back as 1965, Ladies of SCI wrote in the statement. 'Here we are, 60 years later, STILL discussing it. The most recent study was done in 2020 and called out almost $1 billion in projects to increase capacity across our facilities to just handle that population level…We are well above that population level today.' The group asks, 'Is $15 million actually enough to finally get tangible actions to deal with our Corrections crisis? We'd like to know what the magic combination of dollars and opinions are needed to finally address issues that have been identified over and over.' Ladies of SCI said 'setting aside money for yet another study and plan development is rinse and repeat of history…The bottom line is our state's prison population is too big for what we currently have.' Rice concurred, writing in his own statement that prisons like Green Bay, Waupun (the state's oldest prison where multiple deaths have occurred in recent years), and the Milwaukee Secure Detention Facility (MSDF) 'are notorious for inhumane conditions and should have been shut down years ago.' Rice added that 'there is no justification for continuing to pour hundreds of millions of taxpayer dollars into maintaining or expanding a failed prison system.' Instead, he believes that the state should commit to reducing the prison population by expanding treatment alternatives to incarceration, commuting 'excessive and unjust sentences,' granting 'fair access to parole and early release,' and stopping the practice of locking people up for 'technical or convictionless revocations.' When Evers wrote his message vetoing the deadline for closing Green Bay, there were 362 people working at the prison and more than 1,100 incarcerated adults. 'As of this writing, Wisconsin has the capacity to house 17,638 individuals at its correctional institutions but there are 23,275 people living in [DOC] institutions across Wisconsin;' Evers wrote, 'the Legislature provides no steps whatsoever to stabilize the state's skyrocketing prison population.' Referring to the saga of Lincoln Hills, Evers added, 'Wisconsin already has about a decade's worth of painful experience learning how well it works in practice to set unrealistic, artificial timelines and due dates for closing prison facilities without a complete and thorough plan for implementation. It would be foolish and dangerous to attempt to take a similar approach with a maximum-security institution like Green Bay Correctional Institution.' Just over one-third of the 2,727 new prison admissions statewide between January and April were people sent back to prison for issues like violating the rules of community supervision, and without a new crime committed or sentence issued, according to the DOC's dashboard. Over the same period of time, there were more than 63,435 people on community supervision, probation, or parole. Sean Wilson, senior director of organizing and partnerships at criticized the cuts to proposals to expand alternatives to incarceration, 'clean-slate' legislation and expungement reforms that were left out of the final budget deal. 'I think that there continues to be a lack of re-entry investments, which should be pretty high on the list,' Wilson told Wisconsin Examiner. For years, criminal justice advocates have pushed for support for housing, access to mental health care and jobs, 'those things were not included in the budget.' With less than 3,000 people housed between Green Bay, Waupun, and MSDF, Rice feels that 'these prisons could be emptied and closed within months' and that 'doing so would not only alleviate human suffering but it would also free up critical resources' which 'must be reinvested in the communities most harmed by incarceration.' From providing living-wage jobs and stable housing to creating educational opportunities and violence prevention, Rice wrote in his statement, 'that is how we build true public safety.' The path forward is clear: Care, not cages. Communities, not prisons. – Mark Rice, statewide coordinator for WISDOM's Transformative Justice Campaign Wilson declared that 'the biggest elephant in the room' was that 'there's no real movement on closing outdated prisons or reducing the DOC's footprint.' He stressed that 'we are beyond design capacity…with 5,000 additional bodies [beyond the number] this system was designed for.' Without a concrete roadmap and deadline, he says the budget commitment to closing the Green Bay prison doesn't mean much. Over 20 years ago, Wilson spent time in the Green Bay prison, which he remembers as 'a dilapidated hellhole…It was a trauma pressure cooker in my opinion.' 'But the fact that they're talking about just studying it, that really made me livid as someone who spent time in that facility, and is currently in communication with many individuals who are still housed there today,' he added. Wilson said he doesn't see focused funding to reduce racial disparities in incarceration, nor is there funding to support people who have been directly impacted by the criminal justice system and are trying to lead a reform effort. 'I think if you look at the movement at large for the last 20 years, it's been led by directly impacted leadership,' said Wilson. 'Because we believe in the words of Glenn Martin that those closest to the problem are closest to the solution.' People with personal experience need to be brought to the table to offer both critiques and solutions, he said. Ladies of SCI called the building plans in the budget 'just one of the steps our lawmakers must take to address things,' and pointed to separate legislation introduced by Republican Senator Andre Jacque (R-DePere) and Rep. Paul Tittl (R-Manitowoc), which the group believed would have put needed investments into rehabilitation 'instead of warehousing people in our crumbling facilities.' Evers said the budget was an exercise of compromise and cooperation. 'We need to work together,' he said after signing the budget less than an hour after the Assembly passed it. 'Compare that to what's going on in Washington, D.C., and it's significantly different, so I'm very proud to sign it,' Evers said of the bipartisan compromise. In order to retain $1 billion per year in federal Medicaid matching funds, legislators on both sides of the aisle worked to finalize the bill before the federal reconciliation bill was signed by President Donald Trump. Another one of Evers' partial vetoes stirred discussion around juvenile incarceration. The Senate version of the budget specified that state juvenile correctional facilities would operate at a rate of $912,000 in 2025-26 per kid, per year, before increasing to over $1 million per kid per year for 2026-27. Evers' partial vetoes lowered the rates to $182,865 per kid in 2025-26, and $275,670 per kid in the following years. Over the last decade the cost of housing for each young person in youth corrections in Wisconsin has quadrupled from $303 per day in 2014 to $1,268 per day in 2024, largely due to a lower population of incarcerated youth and higher staffing needs. In his veto message, Evers objected to the Legislature's plan to continue expanding the costs of the existing youth incarceration system during a time of 'uncertainty,' and delays in closing youth prisons. Sen. Van Wanggaard (R-Racine) criticized Evers for using a veto to cut housing expenditures for juvenile offenders. 'Evers' veto of this provision is unsustainable and he knows it,' said Wanggaard. 'The statutory daily rate is not a number that we come up with out of thin air. It's simple math – the total cost to operate our juvenile facilities divided by the average population.' Wanggaard added that 'up until now, a county sending a juvenile to a state facility paid for those costs…Governor Evers just decided unilaterally to turn it on its head and have the state pick up the vast majority of costs. It flips the entire funding of juvenile corrections without debate or discussion. It's irresponsible.' Wanggaard also said that Evers' refusal to utilize the expansion of the Mendota Juvenile Treatment Center to house more youth offenders is driving costs higher. Children can only be placed in Mendota when it's clinically appropriate, however. The facility was never intended to replace Lincoln Hills, or augment bed space for incarcerated kids. In his veto message, Evers explained why he shifted the cost burden from local communities to the state, writing that he objected 'to establishing a daily rate that is unaffordable to counties.' He continued that, 'I have heard loud and clear from counties that the current daily rate is burdensome and will detrimentally impact public safety. Unbelievably, despite that clear message from the counties, the Legislature has chosen to increase that rate by over $1,000 per day. This increase and funding model is untenable, and counties have expressed that this unaffordable increase will have serious and detrimental effects on other county services.' Evers urged the Legislature to 'revisit this issue in separate legislation and appropriate those additional GPR funds to the department.' Criminal justice advocates around the state say viable solutions must go beyond incarceration. Lincoln Hills continues to be under a court-ordered monitor due to a successful lawsuit that brought attention to the harms done to both incarcerated youth and reports of abuse within the facility. Waupun's prison has yet to recover from a string of deaths which ultimately led to charges against the prison's warden and several staff. Green Bay is also notorious for inhumane conditions and deaths behind bars. 'We don't need more studies, we need action,' said Wilson. When he was incarcerated at Green Bay between the years 2000 and 2005, he added, 'I watched people get battered by each other. I saw individuals get beaten by staff. I see the paint peeling, the walls are sweating. The prison cells are outdated. You're talking about a facility that was built in the 1800's…And you're putting people in this facility in 2025 and you are expecting them to come home sane. You are expecting them to navigate this space in a rational way. You expect them to interact with one another in a humane way when you are housing them, or caging them, as if they were animals. Wisconsin should stop wasting taxpayer money by keeping people in cages that should've been shuttered decades ago!' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Solve the daily Crossword
Boston Globe
4 days ago
- Politics
- Boston Globe
This most walkable of cities trips up when it comes to fixing sidewalks
Get The Gavel A weekly SCOTUS explainer newsletter by columnist Kimberly Atkins Stohr. Enter Email Sign Up A world-class city is only as good as its infrastructure. And there are those who question the city's priorities with its construction, deconstruction, and reconstruction of bike lanes even as the backlog of sidewalk complaints lingers. Advertisement 'Every neighborhood should have nice smooth streets and sidewalks. Why are we so far behind?' City Councilor Erin Murphy asked in an interview with the editorial board. 'What other things have become priorities? Bike lanes? Free bus lanes? White Stadium?' Murphy filed an order for a council hearing on the sidewalk issue in April after getting a pile of messages from angry constituents about unanswered 311 complaints about hazardous sidewalks. The hearing is scheduled for July 22, and when she announced that on her Advertisement Like this one from Kristen Sweeney Berry of Roslindale, whose husband uses a wheelchair. 'Boston's sidewalks aren't just inconvenient — they're often impassable and frequently violate the Americans with Disabilities Act. 'Cracked pavement, missing curb cuts, and blocked pathways don't just inconvenience residents — they exclude an entire community from full participation in city life.' Ruthie Burton complained that repeated 311 requests about sidewalks in the Tommy's Rock section of Roxbury have gone unanswered. In fact, the city acknowledges that of the At the time a Then, of course, once a pedestrian has navigated the cracked sidewalk and the deteriorated curb ramp, there's the Advertisement The asphalt hodgepodge lurking at the corner of Tremont and School streets is an obvious one. And Murphy said she is still nursing a sore knee from an unfortunate encounter with a pothole in the Blackstone Block Historic District right near City Hall. All three — sidewalks, curbs, and potholes — are sure to become issues in the mayoral election — right up there with, and not unrelated to, bike lanes. Mayor Michelle Wu's chief rival, Josh Kraft, who has already vowed a The city does have a And it has budgeted some $55 million in its five-year Capital Plan for sidewalk and ramp reconstruction to 'enhance walkability, meet ADA standards, and create a safer, more inclusive public right-of-way.' When it comes to bike lanes, it's not either-or: The city can have bike lanes and safe sidewalks, but that would be an easier case for the mayor to make if the city started meeting its commitments on sidewalks. Advertisement Boston has always ranked high among the nation's Sure, Boston has winters that are rough on infrastructure and a construction and repair season that is shortened by those sometimes long winters. But faulty sidewalks are a scourge that has spared no neighborhood. And while, according to a The city has acknowledged the scope of the problem — and an $800 million backlog is no small problem. If people keep filing 311 complaints but don't seem to get results — well that's a real problem and it cries out for more than a Editorials represent the views of the Boston Globe Editorial Board. Follow us
Yahoo
6 days ago
- Automotive
- Yahoo
Werner loses again on issue of deaf driver, but dollar amounts are a lot lower
Werner Enterprises has lost on appeal in a case that at one point saw it facing a $36 million penalty for not hiring a deaf driver–later reduced by a federal court–who had gone through a company training program. The financial stakes in the case brought by the Equal Employment Opportunity Commission under the provisions of the Americans with Disabilities Act are now about $335,000, a far cry from a jury's decision in 2023 to award deaf truck driver Victor Robinson about 107 times that figure. The unanimous decision last week from an Eighth Circuit Court of Appeals three-judge panel fully affirmed all the September 2023 decisions from both a jury trial in the U.S. District Court for Nebraska and later decisions handed down from the bench over post-trial motions. The affirmation includes a reduction in the original punitive damages awarded by the jury. That reduction came after the court ruled that EEOC awards are capped at $300,000. The EEOC was the plaintiff in the case on behalf of Victor defendants along with Werner (NASDAQ: WERN) included Drivers Management LLC, which is Werner's training subsidiary. Werner made several points on appeal, all of which were rejected by the appellate court. A recap of the case in the recent appellate court decision noted that Robinson had a 'medical variance' from the Federal Motor Carrier Safety Administration (FMCSA). That waiver is needed for a deaf driver to obtain a CDL. It was obtained in 2015. With the variance in hand, Robinson enrolled in Roadmaster, the driving school owned by Werner. His training involved not just a regular trainer but also an interpreter for the deaf, 'who communicated with Robinson from the backseat of the vehicle throughout the process,' according to the court's recap of the case's history. In September 2016, Robinson completed the training and received his CDL. But soon after, according to the recap of the case by the appellate court, Werner Vice President of Safety and Compliance Jamie Hamm told him on a call, 'I'm sorry, we can't hire you because of your deafness.' The call took place, according to the court, after Robinson had been told he had been preapproved for employment by recruiter Erin Marsh in an email. After calling Marsh–using a relay service for the phone call–the two talked about, according to the court, ''the job, the orientation, providing interpreting services,' and other general matters.' The district court's decision in January 2024 to award back pay to Robinson of about $35,000 lists several driving jobs Robinson had after not being hired at Werner, none of which lasted very long; only one, with Stan Koch Trucking, reached 12 months. Other jobs on his record included with J.B. Hunt (NASDAQ: JBHT) and U.S. Xpress, now part of Knight Swift (NYSE: KNX). The roughly $335,000 award is a combination of the punitive damages, capped at $300,000, and the backpay. In a May 2024 series of decisions on post-trial motions in the case, the district court summed up the basis for the jury's decision against Werner. 'The jury determined that Robinson was qualified to perform the job to which he applied, he could have safely performed the essential functions of the job with a reasonable accommodation, and Werner's refusal to hire Robinson was not based on business necessity,' District Court Judge John Gerrard wrote. There were multiple issues raised by Werner in its appeal over events in the trial. They included the question of 'causation' and whether Robinson's dismissal was because of his deafness; whether Robinson's overall driving record (which included several accidents) could be introduced to the jury; Werner objections to the admission of emails sent between Werner executives on the decision-making to deny Robinson employment; whether hiring a deaf driver would provide 'undue hardship' for Werner; and whether the FMCSA waiver meant Werner could not deny Robinson employment on the basis of his deafness. Ultimately, the appellate court did not side with Werner on any of the points made in its appeal. An email to Werner seeking comment had not been responded to by publication time. More articles by John Kingston At a conference of mostly green investors, AlFleet pushes marriage of AI and trucking Another broker liability case knocks at Supreme Court door, this one involving C.H. Robinson XPO rating cut by S&P, agency cites continuing weak freight market The post Werner loses again on issue of deaf driver, but dollar amounts are a lot lower appeared first on FreightWaves.
