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Old 09-17-2009, 01:41 PM
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Refused Public Transportation


What is the name of your state (only U.S. law)? Maine

My wife recently made a trip to the emergency room on the advice of her physician, after she had been ill with cold/flu symptoms for a week. she was diagnosed as having a viral infection in her chest and released. she was given a mask to wear as her doctor wanted her to do breathing exercises while outside. my wife depends on public transportation and when the bus pulled up to the hospital the driver refused to let her on because she was wearing the mask, he felt her to be a health threat. she offered to show him her paperwork from the ER showing her diagnosis and what the mask was for- but he refused and drove away. he did not give her the option of removing the mask. because of this my wife was forced to walk home from the hospital more than 3 miles in the cold in her condition. does she have any type of actionable claim against the driver or the bus company?
  #2  
Old 09-17-2009, 02:47 PM
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Quote:
Originally Posted by daveh04005 View Post
does she have any type of actionable claim against the driver or the bus company?
Yes. She can contact the bus company and file a complaint.
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Old 09-17-2009, 05:37 PM
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Originally Posted by JETX View Post
Yes. She can contact the bus company and file a complaint.
she did contact the company to file a complaint- and the bus driver denied the incident even happened. the bus company says theres nothing they can do about it.
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Old 09-17-2009, 06:14 PM
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Quote:
Originally Posted by daveh04005 View Post
she did contact the company to file a complaint- and the bus driver denied the incident even happened. the bus company says theres nothing they can do about it.
It may have been discrimination, but it was not an illegal form of discrimination. I hope your wife is feeling better.
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Old 09-18-2009, 01:09 AM
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It's tragic, but I doubt that paying an attorney on a coin toss in a courtroom for no real damages is going to be the answer - especially if there are no witnesses to the act and the fact that such a refusal may not be actionable. I suspect she may have to make alternative transportation arrangements from this point on.

I hope she is doing better.

- Carl
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