bureaucracybusters

Posts Tagged ‘AMERICANS WITH DISABILITIES ACT’

AN EVERYDAY THREAT TO GOVERNMENT

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on September 14, 2021 at 12:05 am

It’s wonderful to believe that when you have a problem, you can write your local / state / federal representative and s/he will “give it my fullest attention.”

Unfortunately, it’s also usually a mistake.

Two cases on the futility of expectations:

Case #1: On August 12, a man I’ll call Mark, wrote a letter to Secretary of Transportation Pete Buttigieg. The subject: The disgraceful performance of San Francisco’s Municipal Railway (MUNI) bus lines during the Covid-19 pandemic.

Mark had previously complained to MUNI and his member of the San Francisco Board of Supervisors—without result.  So now he decided to literally make it a Federal case:

“MUNI bus drivers are the highest-paid in the nation: The average MUNI driver makes $79,617, 51% above the national average bus driver salary of $52,730. This pay is 27% higher than the combined average salaries of drivers in Dallas, Boston and Atlanta.

“Yet  for  more  than  a  year,  many  of  these  drivers  have  been  ‘earning’ their pay by staying at home—or  going on  what  amounts to  an  extended vacation at the expense of San Francisco voters and MUNI riders.”

Muni | SFMTA

Many bus routes, Mark wrote, had been eliminated. This forces riders to cram themselves aboard the first bus available—making it impossible to “maintain social distancing” as recorded messages aboard MUNI buses advise.

Other routes have been substantially altered, with passengers learning this only after they are deposited far from their expected drop-off point.

These changes are especially difficult for elderly and/or disabled riders.

Mark suggested that Buttigieg threaten MUNI with:

  1. The loss of the Federal monies it now receives through the Department of Transportation; and
  2. An Americans With Disabilities lawsuit on behalf of San Franciscans now unable to receive the transit services they need.

To date—one month later—Mark has not received even the courtesy of a reply, let alone seen a positive change in MUNI’s operations.  

Pete Buttigieg official photo.jpg

Pete Buttigieg

Case #2:  Janet, a chef in Los Angeles, was fed up with getting Spam calls on her cell phone. Each time she got one, she blocked the number. Being on the national Do Not Call Registry, she believed she had an airtight case to take to the Federal Communications Commission (FCC) which regulates the airways.

So she called the FCC and spoke with one of its representatives.

She said that she had saved to her phone the numbers of Spam callers—and she was prepared to turn these over to the FCC.

The FCC’s rep applauded Janet’s willingness to turn over this information.

“Then what happens?” asked Janet.

“We’ll put it into our files.”

In short: the FCC had no intention of acting on the Spam-caller numbers that Janet was prepared to turn over.

Did you submit a net neutrality comment to the FCC? Are you sure?

Janet didn’t hide her disappointment: “If someone went to the FBI and said, ‘I’m being shaken down by the Mafia,’ and the FBI said, ‘Well, we’ll put this into our files’ but wasn’t willing to do anything more, how many people do you think would be willing to report crimes to the FBI?”

The FCC rep admitted that this would greatly reduce the willingness of the public to report crimes to the FBI. But she made no effort to help Janet stop the harassing Spam calls.

Incidents like the ones above are a potent reason why so many people have lost their trust in government—at all levels.

Untold numbers of average citizens feel their elected officials—and the agencies they administer—don’t care about their problems. Even worse, they believe—accurately—that if they were wealthy contributors to the Democratic or Republican party, their complaints would be addressed promptly.

On April 24, 2016, CBS’ longtime documentary series, “60 Minutes,” aired a segment titled “Dialing for Dollars.”  

It opened with the following: “The American public has a low opinion of Congress. Only 14 percent think it’s doing a good job. But Congress has excelled in one way. Raising money. Members of Congress raised more than a billion dollars for their 2014 election. And they never stop. 

“Nearly every day, they spend hours on the phone asking supporters and even total strangers for campaign donations—hours spent away from the jobs they were elected to do. The pressure on candidates to raise money has ratcheted up since the Supreme Court’s Citizens United decision in 2010. That allowed unlimited spending by corporations, unions and individuals in elections.”

Coat of arms or logo

In short: Members of Congress—the branch that writes the laws governing the lives of 328.2 million Americans—have essentially become telemarketers.

People who write to their members of Congress expect at least the courtesy of a reply addressing their concerns within a reasonable period of time. Many constituents will not receive even that.

Or the “reply” they receive arrives weeks or months later—and opens with: “Thank you for writing me to support my bill….”

Usually they haven’t even heard of the bill cited—and couldn’t care less about it. As they scan the letter—no doubt drafted by a low-level staffer—they search in vain for an offer of help, or at least empathy. 

Millions of Americans will have no other contact with government officials than this. And it will convince them that if government isn’t their enemy, it’s certainly not their friend.

FIGHT AIRLINE ARROGANCE!

In Bureaucracy, Business, Self-Help on August 3, 2015 at 10:33 am

It’s the height of the summer vacation season.  A time when air travel–and airline arrogance–are at their annual height.

Consider the following real-life scenario:

  • You’re vacationing in Denver and must return to San Francisco for an urgent-care medical appointment
  • You’re disabled but nevertheless arrive at the airport on time.
  • The airport–in violation of the Americans With Disabilities Act–doesn’t have anyone assigned to help disabled passengers get onto departing planes.
  • As a result, you arrive at the gate–just as the plane takes off.
  • The airline informs you that if you want to board a plane, you’ll have to pay for another ticket.
  • You can’t afford to buy another ticket–and your urgent-care appointment is tomorrow.

What do you do?

In this case, the stranded passenger–a friend of mine–called me: Bureaucracybuster.

First, I instinctively called the airline company. And that meant starting at the top–the president’s office.

I punched the name of the airline–and the words, “Board of Directors”–into Google. This gave me several websites to click on to obtain the information I needed.

I started dialing–and quickly hung up: I had just remembered the day was a Sunday. Nobody but cleaning crews would be occupying the airline’s executive offices that day.

I had to start all over.

Next, I decided to call Denver Airport and find an official who would help Rachel onto another flight–without charging her for it.

I didn’t know where to start, so I decided that starting anywhere was just fine. As I was routed from one person to another, I would develop a sense of who I needed to reach.

Some of those I reached seemed genuinely concerned with Rachel’s plight. Others gave me the “that’s-life-in-the-big-city” attitude.

One of the latter felt I wasn’t deferential enough in my tone. He threatened to notify the chief of airport security.

“Go ahead,” I said. “I once worked for the United States Attorney’s Office. I’ll be glad to talk with him.”

He backed off–just as I had assumed he would.

Usually the best way to deal with threats is to directly confront the person making them.

(A friend of mine, Richard St. Germain, spent part of his 11 years with the U.S. Marshals Service protecting Mafia witnesses.

Related image

Witness being protected by deputy U.S. marshals

(Many of them didn’t like the places where they were to be relocated under new identities. “I’m going to complain to the Attorney General,” some of them would threaten.

(St. Germain would reach for his office phone, plant it before the witness, and say, “Call him. I’ll give you his number.”  The witness always backed off.)

Eventually I reached the Chief of Airport Operations.

I outlined what had happened. He didn’t seem very sympathetic. So I decided to transfer the problem from Rachel to the airport.

Without raising my voice, I said: “It isn’t her fault that your airport was in non-compliance with the Americans With Disabilities Act and she missed her flight because there wasn’t anyone to assist her.”

Suddenly his tone changed–and I could tell I had definitely reached him.

No doubt visions of federal investigations, private lawsuits and truly bad publicity for his airport flashed across his mind. And all this had been achieved without my making an overt threat of any kind.

He said he would see to it that she got onto another flight without having to buy a second ticket.

I called Rachel to give her the good news. But a few minutes later she called me back, almost in tears.

The airline official at the departure gate was giving her a bad time: “If we have to choose between you and another passenger who has a ticket for this flight, he’ll go, not you.”

She laid out a series of other scenarios under which Rachel would remain stranded in Denver.

So once again I called the Chief of Airport Operations: “I just got a call from Rachel. She’s being hassled by an official at the gate. Can you please send someone over there and put a stop to this nonsense?”

A few minutes later, I got another call from Rachel–this one totally upbeat. She said that a man who identified himself only as an airport official–but wearing an expensive suit–had visited her at the gate.

When the ticket-taking airline official had protested, he had cut her off. The official had then walked Rachel and her baggage onto an otherwise fully-loaded 777 jet bound for San Francisco.

Soon she was en route to San Francisco for her urgent-care medical appointment the next day.

Related image

So if you’re having troubles with an airline:

  • Start by calling the highest-ranking airline official you can reach.
  • You may be able to find this out by punching the name of the airline in Google
  • If the official isn’t available or sympathetic, call the airport.
  • Be persistent–but businesslike.
  • Don’t let yourself be bullied.
  • If you can cite a legal violation by the airline and/or airport, don’t hesitate to do so.
  • But don’t make overt threats: the official will get the message
  • Don’t hesitate to play for sympathy: “This is a woman has an urgent-care doctor’s appointment….”

Then cross your fingers and hope for the best.

TELL YOUR AIRLINE TO FLY OFF

In Bureaucracy, Business, Self-Help, Social commentary on November 28, 2014 at 12:13 am

Imagine the following situation:

  • You’re vacationing in Denver and must return to San Francisco for an urgent-care medical appointment
  • You’re disabled but nevertheless arrive at the airport on time.
  • The airport–in violation of the Americans With Disabilities Act–doesn’t have anyone assigned to help disabled passengers get onto departing planes.
  • As a result, you arrive at the gate–just as the plane takes off.
  • The airline informs you that if you want to board a plane, you’ll have to pay for another ticket.
  • You can’t afford to buy another ticke–and your urgent-care appointment is tomorrow.

What do you do?

In this case, the stranded passenger called me: Bureaucracybuster.

First, I instinctively called the airline company. And that meant starting at the top–the president’s office.

I punched the name of the airline–and the words, “Board of Directors”–into google. This gave me several websites to click on to obtain the information I needed.

I started dialing–and quickly hung up: I had just remembered the day was a Sunday. Nobody but cleaning crews would be occupying the airline’s executive offices that day.

I had to start all over.

Next, I decided to call Denver Airport and find an official who would help Rachel onto another flight–without charging her for it.

I didn’t know where to start, so I decided that starting anywhere was just fine. As I was routed from one person to another, I would develop a sense of who I needed to reach.

Some of those I reached seemed genuinely concerned with Rachel’s plight. Others gave me the “that’s-life-in-the-big-city” attitude.

One of the latter felt I wasn’t deferential enough in my tone. He threatened to notify the chief of airport security.

“Go ahead,” I said. “I once worked for the United States Attorney’s Office. I’ll be glad to talk with him.”

He backed off–just as I had assumed he would. Usually the best way to deal with threats is to directly confront the person making them.

(A friend of mine, Richard St. Germain, spent part of his 11 years with the U.S. Marshals Service protecting Mafia witnesses. Many of them didn’t like the places where they were to be relocated under new identities.

“I’m going to complain to the Attorney General,” some of them would threaten.

St. Germain would reach for his office phone, plant it before the witness, and say, “Call him. I’ll give you his number.” The witness always backed off.)

Eventually I reached the Chief of Airport Operations. I outlined what had happened.

He didn’t seem very sympathetic. So I decided to transfer the problem from Rachel to the airport.

Without raising my voice, I said: “It isn’t her fault that your airport was in non-compliance with the Americans With Disabilities Act and she missed her flight because there wasn’t anyone to assist her.”

Suddenly his tone changed–and I could tell I had definitely reached him. No doubt visions of federal investigations, private lawsuits and truly bad publicity for his airport flashed across his mind.

And all this had been achieved without my making an overt threat of any kind.

He said he would see to it that she got onto another flight without having to buy another ticket.

I called Rachel to give her the good news. But a few minutes later she called me back, almost in tears.

The airline official at the departure gate was giving her a bad time: “If we have to choose between you and another passenger who has a ticket for this flight, he’ll go, not you.”

She laid out a series of other scenarios under which Rachel would remain stranded in Denver.

So once again I called the Chief of Airport Operations: “She’s being hassled by an official at the gate. Can you please send someone over there and put a stop to this nonsense?”

A few minutes later, I got another call from Rachel–this one totally upbeat.

She said that a man who identified himself only as an airport official–but wearing an expensive suit–had visited her at the gate. When the ticket-taking airline official had protested, he had cut her off.

The official had then walked Rachel and her baggage onto an otherwise fully-loaded 777 jet bound for San Francisco.

Soon she was en route to San Francisco for her urgent-care medical appointment the next day.

So if you’re having troubles with an airline:

  • Start by calling the highest-ranking airline official you can reach.
  • If s/he isn’t available or sympathetic, call the airport.
  • Be persistent–but businesslike.
  • Don’t let yourself be bullied.
  • If you can cite a legal violation by the airline and/or airport, don’t hesitate to do so. But don’t make overt threats.
  • Don’t hesitate to play for sympathy: “This is a woman has an urgent-care doctor’s appointment….”

Then cross your fingers and hope for the best.

TELL YOUR AIRLINE TO FLY OFF

In Bureaucracy, Business, Self-Help on April 8, 2013 at 1:39 pm

Imagine the following situation:

  • You’re vacationing in Denver and must return to San Francisco for an urgent-care medical appointment
  • You’re disabled but nevertheless arrive at the airport on time.
  • The airport–in violation of the Americans With Disabilities Act–doesn’t have anyone assigned to help disabled passengers get onto departing planes.
  • As a result, you arrive at the gate–just as the plane takes off.
  • The airline informs you that if you want to board a plane, you’ll have to pay for another ticket.
  • You can’t afford to buy another ticket–and your urgent-care appointment is tomorrow.

What do you do? In this case, the stranded passenger called me: Bureaucracybuster.

First, I instinctively called the airline company. And that meant starting at the top–the president’s office.

I punched the name of the airline–and the words, “Board of Directors”–into google. This gave me several websites to click on to obtain the information I needed.

I started dialing–and quickly hung up: I had just remembered the day was a Sunday. Nobody but cleaning crews would be occupying the airline’s executive offices that day.

I had to start all over.

Next, I decided to call Denver Airport and find an official who would help Rachel onto another flight–without charging her for it.

I didn’t know where to start, so I decided that starting anywhere was just fine. As I was routed from one person to another, I would develop a sense of who I needed to reach.

Some of those I reached seemed genuinely concerned with Rachel’s plight. Others gave me the “that’s-life-in-the-big-city” attitude.

One of the latter felt I wasn’t deferential enough in my tone. He threatened to notify the chief of airport security.

“Go ahead,” I said. “I once worked for the United States Attorney’s Office. I’ll be glad to talk with him.”

He backed off–just as I had assumed he would.

Usually the best way to deal with threats is to directly confront the person making them.

(A friend of mine, Richard St. Germain, spent part of his 11 years with the U.S. Marshals Service protecting Mafia witnesses.

Many of them didn’t like the places where they were to be relocated under new identities.  “I’m going to complain to the Attorney General,” some of them would threaten.

St. Germain would reach for his office phone, plant it before the witness, and say, “Call him. I’ll give you his number.”

The witness always backed off.)

Eventually I reached the Chief of Airport Operations.

I outlined what had happened. He didn’t seem very sympathetic. So I decided to transfer the problem from Rachel to the airport.

Without raising my voice, I said: “It isn’t her fault that your airport was in non-compliance with the Americans With Disabilities Act and she missed her flight because there wasn’t anyone to assist her.”

Suddenly his tone changed–and I could tell I had definitely reached him.

No doubt visions of federal investigations, private lawsuits and truly bad publicity for his airport flashed across his mind. And all this had been achieved without my making an overt threat of any kind.

He said he would see to it that she got onto another flight without having to buy another ticket.

I called Rachel to give her the good news. But a few minutes later she called me back, almost in tears.

The airline official at the departure gate was giving her a bad time: “If we have to choose between you and another passenger who has a ticket for this flight, he’ll go, not you.”

She laid out a series of other scenarios under which Rachel would remain stranded in Denver.

So once again I called the Chief of Airport Operations: “She’s being hassled by an official at the gate. Can you please send someone over there and put a stop to this nonsense?”

A few minutes later, I got another call from Rachel–this one totally upbeat. She said that a man who identified himself only as an airport official–but wearing an expensive suit–had visited her at the gate.

When the ticket-taking airline official had protested, he had cut her off. The official had then walked Rachel and her baggage onto an otherwise fully-loaded 777 jet bound for San Francisco.

Soon she was en route to San Francisco for her urgent-care medical appointment the next day. So if you’re having troubles with an airline:

  • Start by calling the highest-ranking airline official you can reach.
  • If s/he isn’t available or sympathetic, call the airport.
  • Be persistent–but businesslike.
  • Don’t let yourself be bullied.
  • If you can cite a legal violation by the airline and/or airport, don’t hesitate to do so. But don’t make overt threats.
  • Don’t hesitate to play for sympathy: “This is a woman has an urgent-care doctor’s appointment….”

Then cross your fingers and hope for the best.

TELL YOUR AIRLINE TO FLY OFF

In Bureaucracy, Self-Help on March 20, 2012 at 12:45 am

Imagine the following situation:

  • You’re vacationing in Denver and must return to San Francisco for an urgent-care medical appointment.
  • You’re disabled but nevertheless arrive at the airport on time.
  • The airport–in violation of the Americans With Disabilities Act–doesn’t have anyone assigned to help disabled passengers get onto departing planes.
  • As a result, you arrive at the gate–just as the plane takes off.
  • The airline informs you that if you want to board a plane, you’ll have to pay for another ticket.
  • You can’t afford to buy another ticke–and your urgent-care appointment is tomorrow.

What do you do?

In this case, the stranded passenger called me: Bureaucracybuster.

First, I instinctively called the airline company. And that meant starting at the top–the president’s office.

I punched the name of the airline–and the words, “Board of Directors”–into google. This gave me several websites to click on to obtain the information I needed.

I started dialing–and quickly hung up: I had just remembered the day was a Sunday.

Nobody but cleaning crews would be occupying the airline’s executive offices that day.

I had to start all over.

Next, I decided to call Denver Airport and find an official who would help Rachel onto another flight–without charging her for it.

I didn’t know where to start, so I decided that starting anywhere was just fine.  As I was routed from one person to another, I would develop a sense of who I needed to reach.

Some of those I reached seemed genuinely concerned with Rachel’s plight. Others gave me the “that’s-life-in-the-big-city” attitude.

One of the latter felt I wasn’t deferential enough in my tone. He threatened to notify the chief of airport security.

“Go ahead,” I said. “I once worked for the United States Attorney’s Office. I’ll be glad to talk with him.”

He backed off–just as I had assumed he would.

Usually the best way to deal with threats is to directly confront the person making them.

(A friend of mine, Richard St. Germain, spent part of his 11 years with the U.S. Marshals Service protecting Mafia witnesses. Many of them didn’t like the places where they were to be relocated under new identities.

“I’m going to complain to the Attorney General,” some of them would threaten.

St. Germain would reach for his office phone, plant it before the witness, and say, “Call him. I’ll give you his number.”

The witness always backed off.)

Eventually I reached the Chief of Airport Operations.

I outlined what had happened. He didn’t seem very sympathetic.

So I decided to transfer the problem from Rachel to the airport.

Without raising my voice, I said: “It isn’t her fault that your airport was in non-compliance with the Americans With Disabilities Act and she missed her flight because there wasn’t anyone to assist her.”

Suddenly his tone changed–and I could tell I had definitely reached him. No doubt visions of federal investigations, private lawsuits and truly bad publicity for his airport flashed across his mind.

And all this had been achieved without my making an overt threat of any kind.

He said he would see to it that she got onto another flight without having to buy another ticket.

I called Rachel to give her the good news. But a few minutes later she called me back, almost in tears.

The airline official at the departure gate was giving her a bad time: “If we have to choose between you and another passenger who has a ticket for this flight, he’ll go, not you.”

She laid out a series of other scenarios under which Rachel would remain stranded in Denver.

So once again I called the Chief of Airport Operations: “She’s being hassled by an official at the gate. Can you please send someone over there and put a stop to this nonsense?”

A few minutes later, I got another call from Rachel–this one totally upbeat.

She said that a man who identified himself only as an airport official–but wearing an expensive suit–had visited her at the gate. When the ticket-taking airline official had protested, he had cut her off.

The official had then walked Rachel and her baggage onto an otherwise fully-loaded 777 jet bound for San Francisco.

Soon she was en route to San Francisco for her urgent-care medical appointment the next day.

 

So if you’re having troubles with an airline:

  • Start by calling the highest-ranking airline official you can reach.
  • If s/he isn’t available or sympathetic, call the airport.
  • Be persistent–but businesslike.
  • Don’t let yourself be bullied.
  • If you can cite a legal violation by the airline and/or airport, don’t hesitate to do so. But don’t make overt threats.
  • Don’t hesitate to play for sympathy: “This is a woman has an urgent-care doctor’s appointment….”

Then cross your fingers and hope for the best.

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