Access Living of Metropolitan Chicago v. Uber Technologies, Inc., No. 19-2116 (7th Cir. 2020)Annotate this Case
The Uber ride-sharing service does not own or select its drivers’ vehicles; its app presents riders with options, including sedans, premium cars, or SUVs. Customers restricted to motorized wheelchairs need wheelchair accessible vehicles (WAVs) equipped with ramps and lifts. Uber’s app offers that option. Access Living is a Chicago‐based nonprofit organization that advances the civil rights of people with disabilities; 14 percent of the organization’s staff and 20 percent of its board members are motorized wheelchair users. The district court dismissed claims under the Americans with Disabilities Act, 42 U.S.C. 12181(7)(F), alleging that Uber, as a travel service/public accommodation, discriminates against people with disabilities by failing to ensure equal access to WAVs because Uber fails to ensure the availability of enough drivers with WAVs, but outsources most requests for wheelchair accessible rides to local taxi companies. As a result, plaintiffs claimed, motorized wheelchair users experience longer wait times and higher prices than other Uber customers.
The Seventh Circuit affirmed. The alleged harm to the Access Living organization comes only indirectly in the form of increased reimbursement costs. An individual plaintiff has never downloaded Uber’s app, attempted to request a ride, or learned about the response times he would personally experience.